The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

• Citation: S.I. 2019/459
• Sections: 397

Section 1 Citation and commencement

(1) These Regulations may be cited as the Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Section 2 Regulation (EC) No 549/2004 : introduction

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) is amended in accordance with regulations 3 to 18.

Section 3 Article 1 of Regulation (EC) No 549/2004

(1) Article 1 (objective and scope) is amended as follows.

(2) In the heading, for “Objective and scope” substitute “ Scope ” .

(3) Omit paragraph 1.

(4) In paragraph 2—

(a) for “Member States'” substitute “the United Kingdom's”,

(b) for “their” substitute “ its ” , and

(c) omit “of the Member States”.

(5) In paragraph 3—

(a) in the first sentence, for “Member States” substitute “ the United Kingdom ” , and

(b) omit the second sentence.

(6) Omit paragraph 4.

Section 4 Article 2 of Regulation (EC) No 549/2004

(1) Article 2 (definitions) is amended as follows.

(2) After point 14 insert—

(14a) ‘the CAA’ means the Civil Aviation Authority;

(3) In point 15 (certificate) for “a national supervisory authority in any form complying with national law,” substitute “ the national supervisory authority ” .

(4) In point 17 (European air traffic management network)—

(a) after “collection of” insert “ relevant ” ,

(b) omit the words beginning with “listed” and ending with “(the interoperability Regulation)”, and

(c) at the end insert—

For these purposes relevant systems are:

(a) systems and procedures for airspace management,

(b) systems and procedures for air traffic flow management,

(c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,

(d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,

(e) navigation systems and procedures,

(f) surveillance systems and procedures,

(g) systems and procedures for aeronautical information services, and

(h) systems and procedures for the use of meteorological information;

(5) In point 18 (concept of operation) for “EATMN” substitute “ UK ATMS ” .

(6) In point 19 (constituents) after “of the” insert “ UK ATMS with the ” .

(7) In point 28 (interoperability)—

(a) for “EATMN” substitute “ UK ATMS ” , and

(b) after “efficient operation” insert “ in relation to the EATMN ” .

(8) In point 32 (procedure) after “throughout” insert “ the UK ATMS and in relation to ” .

(9) In point 36 (seamless operation)—

(a) after “operation of” insert “ the UK ATMS in relation to ” , and

(b) for “it functions as if it” substitute “ the UK ATMS functions as if it and the EATMN ” .

(10) After point 39 (system) insert—

(39a) ‘United Kingdom air traffic management system’ or ‘UK ATMS’ means the collection of relevant systems enabling air navigation services in the United Kingdom to be provided, including the interfaces at boundaries with other countries and territories. For these purposes relevant systems are:

(a) systems and procedures for airspace management,

(b) systems and procedures for air traffic flow management,

(c) systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems,

(d) communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications,

(e) navigation systems and procedures,

(f) surveillance systems and procedures,

(g) systems and procedures for aeronautical information services, and

(h) systems and procedures for the use of meteorological information;

(11) In point 41 (cross-border services)—

(a) for “one Member State” substitute “ the United Kingdom ” , and

(b) for “another” substitute “ a ” .

Section 5 Article 3 of Regulation (EC) No 549/2004

(1) Article 3 (fields for action by the Community) is amended as follows.

(2) In the heading omit “by the Community”.

(3) In paragraph 1—

(a) in the words before point (a) omit “for the creation of the single European sky”,

(b) in the words after point (c), after “adopted” insert “ before exit day ” ,

(c) in those words for “regulations” substitute “ Regulations ” , and

(d) at the end of those words insert “ as well as with the regulations made on or after exit day by the Secretary of State under any of the Regulations referred to in this Article. ” .

Section 6 Article 4 of Regulation (EC) No 549/2004

(1) Article 4 (national supervisory authorities) is amended as follows.

(2) In the heading for “authorities” substitute “ authority ” .

(3) In paragraph 1—

(a) for “Member States” substitute “ The Secretary of State ” ,

(b) omit “, jointly or individually,”, and

(c) for “their” substitute “ the ” .

(4) In paragraph 2 for “authorities”, in both places it occurs, substitute “ authority ” .

(5) In paragraph 3—

(a) for “National supervisory authorities” substitute “ The national supervisory authority ” ,

(b) for “their” substitute “ its ” ,

(c) after “powers” insert “ under this Regulation and under the measures referred to in Article 3 ” , and

(d) omit the words from “This shall be” to the end of the paragraph.

(6) In paragraph 4—

(a) for “Member States” substitute “ The national supervisory authority ” ,

(b) for “national supervisory authorities have” substitute “ it has ” ,

(c) for “them” substitute “ it ” , and

(d) after “Regulation” insert “ and under the measures referred to in Article 3 ” .

(7) Omit paragraph 5.

Section 7 Article 5 of Regulation (EC) No 549/2004

Omit Article 5 (Committee procedure).

Section 8 Article 6 of Regulation (EC) No 549/2004

Omit Article 6 (industry consultation body).

Section 9 Article 7 of Regulation (EC) No 549/2004

Omit Article 7 (relations with European third countries).

Section 10 Article 8 of Regulation (EC) No 549/2004

Omit Article 8 (implementing rules).

Section 11 Article 9 of Regulation (EC) No 549/2004

Omit Article 9 (penalties).

Section 12 Article 10 of Regulation (EC) No 549/2004

Omit Article 10 (consultation of stakeholders).

Section 13 Article 11 of Regulation (EC) No 549/2004

Omit Article 11 (performance scheme).

Section 14 Article 12 of Regulation (EC) No 549/2004

(1) Article 12 (supervision, monitoring and methods of impact assessment) is amended as follows.

(2) In the heading for “Supervision, monitoring and methods of impact assessment” substitute “ Review ” .

(3) Omit paragraph 1.

(4) In paragraph 2—

(a) for “The Commission” substitute “ The Secretary of State ” , and

(b) omit the words beginning with “, and shall firstly” to the end of the paragraph.

(5) Omit paragraph 3.

(6) In paragraph 4—

(a) for “The reports shall contain” substitute “ The review must include ” ,

(b) after “Regulation” insert “ and to the measures referred to in Article 3 ” , and

(c) omit “, in the light of the original objectives”.

Section 15 Article 13 of Regulation (EC) No 549/2004

(1) Article 13 (safeguards) is amended as follows.

(2) In the first paragraph—

(a) after “Regulation” insert “ and the measures referred to in Article 3 ” , and

(b) omit “by a Member State”.

(3) In the first indent for “its responsibility” substitute “ the responsibility of the United Kingdom ” .

(4) In the fourth indent for “a Member State's” substitute “the United Kingdom's”.

Section 16 Article 13a of Regulation (EC) No 549/2004

Omit Article 13a (European Aviation Safety Agency).

Section 17 Article 14 of Regulation (EC) No 549/2004

Omit Article 14 (entry into force).

Section 18 Further amendment of Regulation (EC) No 549/2004

After Article 14 omit the sentence which begins “This Regulation shall be binding”.

Section 19 Regulation (EC) No 550/2004 : introduction

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) is amended in accordance with regulations 20 to 44.

Section 20 Article 1 of Regulation (EC) No 550/2004

In Article 1 (scope and objective), in paragraph 1—

(a) for “in the single European sky” substitute “ which form part of the UK ATMS ” , and

(b) for “the Community” substitute “ the airspace under the responsibility of the United Kingdom ” .

Section 21 Article 2 of Regulation (EC) No 550/2004

(1) Article 2 (tasks of the national supervisory authorities) is amended as follows.

(2) In the heading for “authorities” substitute “ authority ” .

(3) In paragraph 1—

(a) for “authorities” substitute “ authority ” , and

(b) for the words from “Member” to the end of the paragraph substitute “ United Kingdom ” .

(4) In paragraph 2 for “each” substitute “ the ” .

(5) Omit paragraphs 3 to 6.

Section 22 Article 3 of Regulation (EC) No 550/2004

(1) Article 3 (qualified entities) is amended as follows.

(2) In paragraph 1 for “National supervisory authorities” substitute “ The national supervisory authority ” .

(3) In paragraph 2—

(a) for “a national” substitute “ the national ” ,

(b) omit “within the Community”, and

(c) omit the second sentence.

Section 23 Article 4 of Regulation (EC) No 550/2004

Omit Article 4 (safety requirements).

Section 24 Article 6 of Regulation (EC) No 550/2004

(1) Article 6 (common requirements) is amended as follows.

(2) The single paragraph becomes paragraph 1.

(3) In that paragraph, for the first sentence substitute “ The Secretary of State may by regulations made by statutory instrument prescribe common requirements for the provision of air navigation services in the airspace under the responsibility of the United Kingdom. ” .

(4) After that paragraph insert—

(2) Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

(3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..

Section 25 Article 7 of Regulation (EC) No 550/2004

(1) Article 7 (certification of air navigation service providers) is amended as follows.

(2) In paragraph 1—

(a) for “within the Community” substitute “ in the airspace under the responsibility of the United Kingdom ” , and

(b) for “Member States” substitute “ the national supervisory authority ” .

(3) In paragraph 2 omit the words from “of the” to the end of the paragraph.

(4) In paragraph 3 for “National supervisory authorities” substitute “ The national supervisory authority ” .

(5) In paragraph 5—

(a) for “Member States” substitute “ the national supervisory authority ” ,

(b) for “their responsibility” substitute “ the responsibility of the United Kingdom ” , and

(c) omit the second sentence.

(6) Omit paragraph 6.

(7) In paragraph 7—

(a) for “National supervisory authorities” substitute “ The national supervisory authority ” ,

(b) omit the second sentence, and

(c) for “a national” substitute “ the national ” .

(8) For paragraph 8 substitute—

(8) Any certificate issued before exit day in a Member State in accordance with Article 7 of Regulation (EC) No 550/2004 which continues to be in force or effective on or after exit day by virtue of Part 3 of Schedule 8 to the European Union (Withdrawal) Act 2018 is:

(a) to continue to be in force or effective on and after exit day for the remainder of its validity period up to a maximum of 2 years (subject to any earlier suspension or cancellation by the national supervisory authority); and

(b) for the purposes of this Regulation and the other measures referred to in Article 3 of the framework Regulation, to be treated as if it was issued by the national supervisory authority in accordance with this Article.

(9) Omit paragraph 9.

Section 26 Article 8 of Regulation (EC) No 550/2004

(1) Article 8 (designation of air traffic service providers) is amended as follows.

(2) In paragraph 1—

(a) for “Member States”, in the first place those words occur, substitute “ The national supervisory authority ” ,

(b) for “their responsibility” substitute “ the responsibility of the United Kingdom ” ,

(c) for “Member States”, in the second place those words occur, substitute “ the national supervisory authority ” , and

(d) for “in the Community” substitute “ issued in accordance with Article 7 ” .

(3) Omit paragraph 2.

(4) In paragraph 3—

(a) for “Member States” substitute “ The national supervisory authority ” , and

(b) for “their responsibility” substitute “ the responsibility of the United Kingdom ” .

(5) In paragraph 4 for “Member States” substitute “ The national supervisory authority ” .

(6) Omit paragraphs 5 and 6.

Section 27 Article 9 of Regulation (EC) No 550/2004

(1) Article 9 (designation of providers of meteorological services) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “ The national supervisory authority ” , and

(b) for “their responsibility” substitute “ the responsibility of the United Kingdom ” .

(3) Omit paragraph 2.

Section 28 Article 9a of Regulation (EC) No 550/2004

Omit Article 9a (functional airspace blocks).

Section 29 Article 9b of Regulation (EC) No 550/2004

Omit Article 9b (functional airspace blocks system coordinator).

Section 30 Article 10 of Regulation (EC) No 550/2004

(1) Article 10 (relations between service providers) is amended as follows.

(2) In paragraph 1 for “in the Community” substitute “ in accordance with Article 7 ” .

(3) In paragraph 2 omit “or authorities concerned”.

(4) In paragraph 3—

(a) for “Member States concerned”, in both places those words occur, substitute “ the national supervisory authority ” , and

(b) for “they have” substitute “ it has ” .

Section 31 Article 11 of Regulation (EC) No 550/2004

Omit Article 11 (relations with military authorities).

Section 32 Article 12 of Regulation (EC) No 550/2004

(1) Article 12 (transparency of accounts) is amended as follows.

(2) In paragraph 1 for “the international accounting standards adopted by the Community” substitute “ international accounting standards within the meaning of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (see Article 2 of that Regulation) ” .

(3) In paragraph 3 omit the words beginning with “, broken down” and ending with “Article 14”.

(4) In paragraph 4—

(a) for “Member States shall designate the competent authorities that” substitute “ The national supervisory authority ” , and

(b) for “their responsibility” substitute “ the responsibility of the United Kingdom ” .

(5) Omit paragraph 5.

Section 33 Article 13 of Regulation (EC) No 550/2004

In Article 13 (access to and protection of data), in paragraph 3—

(a) for “National supervisory authorities” substitute “ The national supervisory authority ” , and

(b) omit the third sentence.

Section 34 Article 14 of Regulation (EC) No 550/2004

Omit Article 14 (charging schemes: general).

Section 35 Article 15 of Regulation (EC) No 550/2004

Omit Article 15 (charging schemes: principles).

Section 36 Article 15a of Regulation (EC) No 550/2004

For Article 15a (common projects) substitute—

Common projects

(1) The Secretary of State may by regulations made by statutory instrument make provision imposing on any person a requirement derived from a common project within the meaning of Article 15a of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, as that Regulation has effect in EU law as amended from time to time .

(2) Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

(3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 37 Article 16 of Regulation (EC) No 550/2004

Omit Article 16 (review of compliance).

Section 38 Article 17 of Regulation (EC) No 550/2004

For Article 17 (revision of annexes) substitute—

Revision of Annexes

(1) The Secretary of State may by regulations made by statutory instrument amend Annex 1 or 2.

(2) Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

(3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 39 Article 18 of Regulation (EC) No 550/2004

(1) Article 18 (confidentiality) is amended as follows.

(2) In paragraph 1—

(a) for “authorities, acting in accordance with their national legislation” substitute “ authority ” , and

(b) for “Commission” substitute “ Secretary of State ” .

(3) In paragraph 2—

(a) for “national supervisory authorities” substitute “ the national supervisory authority ” , and

(b) for “Commission” substitute “ Secretary of State ” .

(4) Omit paragraph 3.

Section 40 Article 18a of Regulation (EC) No 550/2004

Omit Article 18a (review).

Section 41 Article 19 of Regulation (EC) No 550/2004

Omit Article 19 (entry into force).

Section 42 Further amendment of Regulation (EC) No 550/2004

After Article 19 omit the sentence which begins “This Regulation shall be binding”.

Section 43 Annex 1 to Regulation (EC) No 550/2004

In Annex 1 (requirements for qualified entities)—

(a) in the sixth indent omit “concerned”, and

(b) in the ninth indent omit the words from “recognised” to the end.

Section 44 Annex 2 to Regulation (EC) No 550/2004

In Annex 2 (conditions to be attached to certificates) omit point 1(a).

Section 45 Regulation (EC) No 551/2004 : introduction

Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) is amended in accordance with regulations 46 to 55.

Section 46 Article 1 of Regulation (EC) No 551/2004

(1) Article 1 (objective and scope) is amended as follows.

(2) In paragraph 1—

(a) for “in the Single European Sky” substitute “ under the responsibility of the United Kingdom ” , and

(b) omit the words from “support” to “and to”.

(3) In paragraph 3—

(a) for “and AFI regions where Member States are” substitute “ region where the United Kingdom is ” , and

(b) omit the second sentence.

(4) Omit paragraph 4.

Section 47 Article 3 of Regulation (EC) No 551/2004

Omit Article 3 (European Upper Flight Information Region).

Section 48 Article 3a of Regulation (EC) No 551/2004

(1) Article 3a (electronic aeronautical information) is amended as follows.

(2) In paragraph 1 for the words beginning with “Without” and ending with “cooperation” substitute “ The national supervisory authority, working in consultation ” .

(3) In paragraph 2—

(a) in the opening words for “Commission” substitute “ national supervisory authority ” ,

(b) in point (a) for “ensure the development of a Community wide” substitute “ contribute to the development of an ” , and

(c) in point (b) for “close cooperation” substitute “ consultation ” .

(4) Omit paragraph 3.

Section 49 Article 4 of Regulation (EC) No 551/2004

(1) Article 4 (rules of the air and airspace classification) is amended as follows.

(2) The unnumbered paragraph becomes paragraph 1.

(3) In that paragraph, for the words before point (a) substitute—

(1) The Secretary of State may by regulations made by statutory instrument make provision to:

(4) In point (b) omit the words from “, in order” to the end.

(5) At the end insert—

(2) Regulations under paragraph 1—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

(3) A statutory instrument containing regulations under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..

Section 50 Article 6 of Regulation (EC) No 551/2004

(1) Article 6 (network management and design) is amended as follows.

(2) For paragraphs 1 to 5 substitute—

(1) The Secretary of State may by regulations made by statutory instrument make provision imposing requirements on any person in connection with the exercise by any person of the air traffic management (ATM) network functions.

(2) The air traffic management (ATM) network functions are—

(a) the functions described in Article 6(2) of Regulation (EC) No 551/2004 , as that regulation has effect in EU law as amended from time to time ,

(b) additional functions added to that list in accordance with Article 6(3) of that Regulation as it has effect in EU law as amended from time to time, and

(c) functions under implementing rules adopted under Article 6(4) of that Regulation as it has, and as those rules have, effect in EU law as amended from time to time.

(3) In paragraph 6 for “Member States” substitute “ The Secretary of State ” .

(4) In paragraph 7—

(a) for “Implementing rules for” substitute “ The Secretary of State may by regulations made by statutory instrument make provision about ” ,

(b) omit the words beginning with “shall be developed” and ending with “Article 5(3) of the framework Regulation,”, and

(c) for “These rules” substitute “ Regulations under this paragraph ” .

(5) In paragraph 8 for “The implementing rules for air traffic flow management” substitute “ Regulations under paragraph 7 ” .

(6) In paragraph 9 for “the implementing rules the Commission” substitute “ regulations under paragraph 7 the Secretary of State ” .

(7) At the end insert—

(10) Regulations under paragraph 1 or 7—

(a) may make different provision for different purposes;

(b) may make transitional, transitory or saving provision;

(c) may make consequential, incidental or supplementary provision.

(11) A statutory instrument containing regulations under paragraph 1 or 7 is subject to annulment in pursuance of a resolution of either House of Parliament.