The Aviation Noise (Amendment) (EU Exit) Regulations 2019

• Citation: S.I. 2019/643
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Aviation Noise (Amendment) (EU Exit) Regulations 2019.

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

Section 2 Amendment of the Aeroplane Noise Regulations 1999

(1) The Aeroplane Noise Regulations 1999 are amended as follows.

(2) In regulation 4(2) (noise certificate requirements for UK registered propeller driven aeroplanes), for “territories of member States or EEA States or Switzerland” substitute “United Kingdom”.

(3) In regulation 5(2) (noise certificate requirements for UK registered propeller driven aeroplanes), for “territories of member States or EEA States or Switzerland” substitute “United Kingdom”.

(4) In regulation 6 (exemptions for UK registered propeller driven aeroplanes)—

(a) in paragraph (1), omit “and Gibraltar”;

(b) in paragraph (2), omit the words from “, Gibraltar” to the end.

(5) In regulation 7(1) (noise certificate requirements for foreign registered propeller driven aeroplanes), omit “, Gibraltar or another member State or EEA State or Switzerland”.

(6) In regulation 8(2) (noise certificate requirements for civil subsonic jet aeroplanes), for “territories of member States or EEA States or Switzerland” substitute “United Kingdom”.

(7) In regulation 9(2) (noise certificate requirements for civil subsonic jet aeroplanes), for “territories of member States or EEA States or Switzerland” substitute “United Kingdom”.

(8) In regulation 11(1) (noise certificate requirements for civil subsonic jet aeroplanes), omit “, Gibraltar or another member State or EEA State or Switzerland”.

(9) In regulation 14 (noise certificate requirements for civil subsonic jet aeroplanes), omit paragraph (3).

(10) In regulation 18(1) (carriage and production of noise certificate), for “territories of member States or EEA States or Switzerland” substitute “United Kingdom”.

(11) Omit regulation 19 (recognition of noise certificates and exemptions issued by other member States or EEA States).

(12) In regulation 25(1) (temporary exemption for jet aeroplanes), omit “and Gibraltar”.

(13) Omit regulation 27 ( CAA ’s duty in relation to exemptions).

Section 3 Amendment of the Air Navigation (Environmental Standards for Non-EASA Aircraft) Order 2008

(1) The Air Navigation (Environmental Standards for Non-EASA Aircraft) Order 2008 is amended as follows.

(2) In the title, for “Non-EASA” substitute “Non-Part 21”.

(3) In article 1 (citation), for “Non-EASA” substitute “Non-Part 21”.

(4) In article 3 (interpretation)—

(a) in paragraph (1)—

(i) omit the definitions of “Basic EASA Regulation”, “EASA”, “EASA aircraft”, “EASA certificate of airworthiness”, “EASA permit to fly”, “EASA restricted certificate of airworthiness” and “non-EASA aircraft”;

(ii) in the appropriate place insert the following definitions—

“Basic Regulation” means Regulation (EU) No 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005 , (EC) No 1008/2008 , (EU) No 996/2010 , (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ;

“non-Part 21 aircraft” means an aircraft which is not required by virtue of the Basic Regulation and any implementing rules adopted in accordance with that Regulation to hold—

a Part 21 certificate of airworthiness,

a Part 21 restricted certificate of airworthiness, or

a Part 21 permit to fly;

“Part 21 aircraft” means an aircraft which is required by virtue of the Basic Regulation and any implementing rules adopted in accordance with that Regulation to hold—

a Part 21 certificate of airworthiness,

a Part 21 restricted certificate of airworthiness, or

a Part 21 permit to fly;

“Part 21 certificate of airworthiness” means a certificate of airworthiness issued in respect of a Part 21 aircraft under and in accordance with subpart H of Part 21;

“Part 21 permit to fly” means a permit to fly issued in respect of a Part 21 aircraft under and in accordance with subpart P of Part 21;

“Part 21 restricted certificate of airworthiness” means a restricted certificate of airworthiness issued in respect of a Part 21 aircraft under and in accordance with subpart H of Part 21;

(iii) in the definition of “Research aircraft” omit “EASA”;

(b) in paragraph (2)—

(i) for “an EASA equivalent” substitute “a Part 21 equivalent”; and

(ii) for “EASA aircraft” substitute “Part 21 aircraft”.

(5) In the heading to Part 2 (noise certification for non-EASA aircraft), for “Non-EASA” substitute “Non-Part 21”.

(6) In the heading to article 6 (requirement for a noise certificate for United Kingdom registered State aircraft and Research aircraft for which there is an EASA equivalent type), for “an EASA” substitute “a Part 21”.

(7) In article 6(1), for “an EASA” substitute “a Part 21”.

(8) In the heading to article 7 (requirement for a noise certificate for United Kingdom registered State aircraft and Research aircraft for which there is no EASA equivalent type), for “EASA” substitute “Part 21”.

(9) In article 7(1), for “EASA” substitute “Part 21”.

(10) In the heading to article 9 (issue of noise certificate by the CAA for United Kingdom registered State aircraft or Research aircraft for which there is an EASA equivalent type), for “an EASA” substitute “a Part 21”.

(11) In article 9(1), for “an EASA”, in both places it occurs, substitute “a Part 21”.

(12) In the heading to article 10 (issue of noise certificate by the CAA for United Kingdom registered State aircraft or Research aircraft for which there is no EASA equivalent type), for “EASA” substitute “Part 21”.

(13) In article 10(1)(b), for “EASA” substitute “Part 21”.

(14) In the heading to Part 3 (emissions certification for non-EASA Aircraft), for “Non-EASA” substitute “Non-Part 21”.

(15) In articles 14 to 17 (emissions certification), for “non-EASA”, in each place it appears, substitute “non-Part 21”.

(16) In the heading to Part 4 (carriage of and production and revocation of noise certificate for Non-EASA Aircraft), for “Non-EASA” substitute “Non-Part 21”.

(17) In article 20 (noise certificate to be carried), for “non-EASA”, in each place it appears, substitute “non-Part 21”.

Section 4 Amendment of the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018

In the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018 , in regulation 2 (interpretation), in the definition of “the 2014 Regulation” for “Union” substitute “United Kingdom”.

Section 5 Amendment of Regulation (EU) No 598/2014

(1) Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16 April 2014 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC is amended as follows.

(2) In the title, for “Union” substitute “United Kingdom”.

(3) In Article 1(2)(a) (subject matter, objectives and scope), for “Union rules” to the end substitute “legislation within the United Kingdom”.

(4) In Article 2 (definitions), at the end insert—

(7) ‘relevant authority’ means—

(a) in relation to England and Wales, the Secretary of State;

(b) in relation to Northern Ireland, the Northern Ireland Department for Infrastructure; and

(c) in relation to Scotland, the Scottish Ministers.

(8) ‘relevant environmental noise regulations’ means—

(a) in relation to England, the Environmental Noise (England) Regulations 2006 ;

(b) in relation to Northern Ireland, the Environmental Noise Regulations (Northern Ireland) 2006 ;

(c) in relation to Scotland, the Environmental Noise (Scotland) Regulations 2006 ; and

(d) in relation to Wales, the Environmental Noise (Wales) Regulations 2006 .

(5) In Article 3 (competent authorities)—

(a) in paragraph 1, for the words from “A Member State” to “located” substitute “Where an airport is located in Great Britain, the Secretary of State, or in Northern Ireland, the Northern Ireland Department for Infrastructure,”; and

(b) omit paragraph 3.

(6) In Article 4 (right of appeal)—

(a) in paragraph 1, for “Member States” substitute “The relevant authority”; and

(b) omit paragraph 2.

(7) In Article 5 (general rules on aircraft noise management)—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “Member States” substitute “The competent authority”; and

(ii) in point (a), for “Article 8 of, and Annex V to, Directive 2002/49/EC ” substitute “requirements relating to action plans under the relevant environmental noise regulations”;

(c) in paragraph 3, in the first paragraph, for “Member States” substitute “The competent authority”; and

(d) in paragraph 3, in the second paragraph—

(i) for “Member States, or airport” substitute “Airport”; and

(ii) omit “, as appropriate,”.

(8) In Article 6 (rules on noise assessment)—

(a) in paragraph 1, for “ Directive 2002/49/EC ” to the end substitute “the relevant environmental noise regulations”;

(b) for paragraph 2(d)(vi) substitute—

(vi) Eurocontrol, as defined in Article 2(20) of 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;

(9) In Article 7 (noise performance information)—

(a) in paragraph 2—

(i) for “Commission” substitute “Civil Aviation Authority”; and

(ii) for “Union” substitute “United Kingdom”; and

(b) in paragraphs 3 and 5, for “Agency”, in each place it appears, substitute “Civil Aviation Authority”.

(10) In Article 8 (rules on the introduction of operating restrictions)—

(a) in paragraph 1—

(i) omit “to Member States, the Commission and relevant interested parties”; and

(ii) after “period” insert—

, to:

(a) the relevant authority if that authority is not the competent authority; and

(b) the relevant interested parties

(b) in paragraph 2, omit from “, including” to the end;

(c) omit paragraph 3; and

(d) in paragraph 4, for “Member States” substitute “relevant authority”.

(11) In Article 9 (developing countries)—

(a) in paragraph 1(b), for “Union” substitute “United Kingdom”; and

(b) omit paragraph 2.

(12) In Article 11(1) (delegated acts), for “Commission shall be empowered to adopt delegated acts in accordance with Article 12” substitute “The Secretary of State may make regulations”.

(13) For Article 12 (exercise of the delegation) substitute—

Regulations

(1) Regulations made under this Regulation are to be made by statutory instrument.

(2) Regulations made under this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Regulations made under this Regulation may—

(a) make different provision for different purposes or areas;

(b) include supplementary, incidental or consequential provision;

(c) make transitional, transitory or saving provision.

(14) Omit Article 13 (information and revision).

(15) After Article 17 (entry into force) omit the sentence beginning with the words “This Regulation shall be”.

(16) In Annex 1—

(a) in paragraph 1 following “Indicators”, for “Annex I to Directive 2002/49/EC ” substitute “the relevant environmental noise regulations”;

(b) in paragraph 1.3 following “Noise management information”, for “Annex II to Directive 2002/49/EC ” substitute “the relevant environmental noise regulations”; and

(c) in paragraph 1.4.3(d), omit from “, as mentioned in” to the end.

(17) In Annex 2, in point (4) for “European” substitute “United Kingdom”.