The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

CHAPTER 5 U.K. Amendment of Regulation (EU) No 2018/1139

Regulation (EU) No 2018/1139 (civil aviation safety) U.K.

82.  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 is amended in accordance with regulations 83 to 180.

Commencement Information

I1 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 1 U.K. Principles – Chapter 1 of Regulation (EU) No 2018/1139

Amendment of Article 1 of Regulation (EU) No 2018/1139 U.K.

83.—(1) Article 1 (subject matter and objectives) is amended as follows.

(2) In paragraph 1—

(a) omit “uniform”;

(b) for “Union” substitute “United Kingdom”.

(3) In paragraph 2—

(a) in point (a), for “Union” substitute “United Kingdom”;

(b) for point (b) substitute—

“(b) provide a level playing field for all actors in the United Kingdom aviation market, and improve the competitiveness of the United Kingdom’s aviation industry”;

(c) in point (c), omit “, uniform”;

(d) in point (e), omit “Union and”;

(e) in point (f), omit “uniform”;

(f) in point (g)—

(i) for “Member States” substitute “the United Kingdom”;

(ii) for “exercising their rights and fulfilling their obligations” substitute “exercising its rights and fulfilling its obligations”;

(iii) omit the words from “, by ensuring” to the end;

(g) omit point (h).

(4) In paragraph 3—

(a) in point (a)—

(i) for “adoption” substitute “making”;

(ii) omit “uniform”;

(iii) for “acts” substitute “regulations”;

(b) omit point (c);

(c) in point (d), for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(d) omit point (e);

(e) in point (f)—

(i) omit “uniform”;

(ii) for “the national competent authorities and the Agency” substitute “the Secretary of State and the CAA”.

Commencement Information

I2 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 2 of Regulation (EU) No 2018/1139 U.K.

84.—(1) Article 2 (scope) is amended as follows.

(2) In paragraph 1—

(a) in point (a), for “the Agency or a Member State” substitute “the CAA”;

(b) in point (b)—

(i) in point (i)—

(aa) for “a Member State” substitute “the United Kingdom”;

(bb) for “the Member State” substitute “the United Kingdom”;

(ii) in point (ii) for “territory to which the Treaties apply” substitute “United Kingdom”;

(iii) in point (iii)—

(aa) for “a Member State” substitute “the United Kingdom”;

(bb) for “territory to which the Treaties apply” substitute “United Kingdom”;

(cc) for “that territory” substitute “the United Kingdom”;

(c) in points (c) and (e), for “territory to which the Treaties apply” substitute “United Kingdom”;

(d) in point (f), omit “Union and”;

(e) in point (g), for “the Single European Sky” substitute “United Kingdom”;

(f) for point (h), substitute “the design of airspace structures”.

(3) In paragraph 3—

(a) in point (a), for “a Member State” substitute “the United Kingdom”;

(b) below point (d)—

(i) in the subparagraph commencing “As regards”—

(aa) in the first place it occurs, for “Member States” substitute “the CAA in relation to civil aviation, and the Secretary of State in relation to military aviation”;

(bb) in the second place it occurs, for “Member States” substitute “The CAA or the Secretary of State (as the case may be)”;

(c) omit the subparagraph commencing “Without prejudice”.

(4) In paragraph 4—

(a) in the first subparagraph, for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(b) in point (a), in both places it occurs, for “Agency” substitute “CAA”;

(c) in point (c), for the words from “accordance with” to the end substitute “the United Kingdom”;

(d) after point (c), in the subparagraph commencing “This Regulation”—

(i) for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(ii) for “Agency” substitute “CAA”.

(5) In paragraph 5, for the words from “and Article 7(5)” to “Member States” substitute “the Secretary of State”.

(6) In paragraph 6—

(a) in the first subparagraph—

(i) for “A Member State” substitute “The Secretary of State”;

(ii) for “where it considers” substitute “where the Secretary of State considers”;

(b) in the third subparagraph—

(i) for “Member State concerned” substitute “Secretary of State”;

(ii) for “the Commission and the Agency” substitute “the CAA”;

(iii) for “its decision” substitute “a decision”;

(iv) for “provide them” substitute “provide the CAA”;

(v) in point (c), for “its decision” substitute “the decision”;

(c) omit the fourth subparagraph;

(d) in the fifth subparagraph—

(i) for the words from the start to “Member State” substitute “The Secretary of State”;

(ii) omit the words from “In such cases” to the end;

(e) omit the sixth and seventh subparagraphs.

(7) In paragraph 7—

(a) in the first subparagraph—

(i) at the start, for “Member States” substitute “The CAA”;

(ii) omit “Member States concerned ensure that”;

(b) in the second subparagraph, for “delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(c) omit the third, fourth and fifth subparagraphs;

(d) in the sixth subparagraph—

(i) at the start, for “Member States” substitute “The CAA”;

(ii) for “they have exempted” substitute “it has exempted”;

(iii) for “the Member State concerned” substitute “the CAA”;

(iv) omit the words from “In that case” to the end;

(e) omit the seventh subparagraph.

(8) In paragraph 8—

(a) at the start for “A Member State” substitute “The CAA”;

(b) in points (a), (b) and (c), for “Member State” substitute “CAA”;

(c) below point (iii), in the subparagraph commencing “However”, for “Member States” substitute “the CAA”.

(9) In paragraph 9—

(a) for “a Member State” substitute “the CAA”;

(b) for “the territory of that Member State” substitute “the United Kingdom”;

(c) for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(d) for “Member State concerned” substitute “CAA”;

(e) in the last place it occurs, for “Member State” substitute “CAA”.

(10) In paragraph 10—

(a) omit the first subparagraph;

(b) in the second subparagraph, for the words from “the national law” to the end substitute “the Air Navigation Order 2016”.

(11) In paragraph 11—

(a) in the first subparagraph—

(i) for the words from “provisions” to “paragraph 8” substitute “enactment”;

(ii) for “that decision” substitute “an exemption decision under paragraph 8”;

(b) omit the second subparagraph;

(c) in the third subparagraph—

(i) for “A Member State” substitute “The CAA”;

(ii) omit the second sentence;

(d) omit the fourth subparagraph;

(e) in the fifth subparagraph, for “a Member State” substitute “the CAA”.

Commencement Information

I3 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 3 of Regulation (EU) No 2018/1139 U.K.

85.—(1) Article 3 (definitions) is amended as follows.

(2) In point (1) (“oversight”)—

(a) for “‘competent authority’” substitute “‘CAA’”;

(b) for the words from “the delegated” to “basis thereof” substitute “regulations made under it”.

(3) Omit point (8) (‘ATM Master Plan’).

(4) In point (9) (‘certification’), for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”.

(5) In point (10) (‘declaration’), for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”.

(6) In point (11) (‘qualified entity’), for “Agency or a national competent authority” substitute “CAA”.

(7) After point (13) (‘aircraft operator’) insert—

“(13a) ‘UK operator’ means any aircraft operator established, residing or with a principal place of business in the United Kingdom;”.

(8) In point (25) (‘safety performance’), for “Union’s, a Member State’s” substitute “United Kingdom’s”.

(9) Omit point (33) (‘Single European Sky airspace’).

(10) For point (34) (‘national competent authority’) substitute—

“(34) “‘the CAA’ means the Civil Aviation Authority;”.

(11) After point (34) insert—

“(35) “‘third country’ means any country or territory other than the United Kingdom, except that British overseas territories, and the Channel Islands and the Isle of Man, are not within the meaning of third country for the purposes of Commission Regulation (EU) No 452/2014 of 29 April 2014 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.”

Commencement Information

I4 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 4 of Regulation (EU) No 2018/1139 U.K.

86.—(1) Article 4 (principles for measures under this Regulation) is amended as follows.

(2) In paragraph 1—

(a) for “the Commission, the Agency and the Member States” substitute “the Secretary of State and the CAA”;

(b) omit point (f);

(c) in point (h), for “Union and of the Member States” substitute “United Kingdom”.

(3) In paragraph 2, for “the Commission, the Agency and the Member States,” substitute “the Secretary of State and the CAA”.

Commencement Information

I5 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 2 U.K. Aviation safety management – Chapter 2 of Regulation (EU) No 2018/1139

Amendment of Article 5 of Regulation (EU) No 2018/1139 U.K.

87.  Omit Article 5 (European aviation safety programme).

Commencement Information

I6 Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 6 of Regulation (EU) No 2018/1139 U.K.

88.  Omit Article 6 (European plan for aviation safety).

Commencement Information

I7 Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 7 of Regulation (EU) No 2018/1139 U.K.

89.—(1) Article 7 (state safety programme) is amended as follows.

(2) In paragraph 1—

(a) for the words from the start to “relevant stakeholders” substitute “The Secretary of State must, in consultation with the CAA and other relevant stakeholders”;

(b) for “its responsibility” substitute “the responsibility of the Secretary of State”;

(c) omit the words from “and shall be consistent” to the end.

(3) In paragraph 3—

(a) omit “and the level of safety performance referred to in Article 6(3)”;

(b) for “Member State concerned” substitute “Secretary of State”.

Commencement Information

I8 Reg. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 8 of Regulation (EU) No 2018/1139 U.K.

90.—(1) Article 8 (state plan for aviation safety) is amended as follows.

(2) In paragraph 1—

(a) for the words from “each Member State” to “stakeholders” substitute “the Secretary of State, in consultation with the CAA and other relevant stakeholders”;

(b) after the word “affecting”, for “its” substitute “the”.

(3) Omit paragraph 2.

Commencement Information

I9 Reg. 90 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 3 U.K. Substantive requirements – Chapter 3 of Regulation (EU) No 2018/1139

SUB-SECTION 1 U.K. Airworthiness and environmental protection

Amendment of Article 11 of Regulation (EU) No 2018/1139 U.K.

91.  In Article 11 (design of products)—

(a) in the third paragraph, for “the delegated acts” substitute “regulations”;

(b) in the fourth paragraph, for “the delegated act” substitute “regulations”.

Commencement Information

I10 Reg. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 12 of Regulation (EU) No 2018/1139 U.K.

92.  In Article 12 (design of parts)—

(a) in the first paragraph, for “delegated acts” substitute “regulations”;

(b) in the second paragraph, for “the delegated acts” substitute “regulations”;

(c) in the third paragraph—

(i) for “the delegated act” substitute “regulations”;

(ii) for “the delegated acts” substitute “regulations”.

Commencement Information

I11 Reg. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 13 of Regulation (EU) No 2018/1139 U.K.

93.  In Article 13 (design of non-installed equipment)—

(a) in the first and second paragraphs, for “the delegated acts” substitute “regulations”;

(b) in the third paragraph—

(i) for “the delegated act” substitute “regulations”;

(ii) for “the delegated acts” substitute “regulations”.

Commencement Information

I12 Reg. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 14 of Regulation (EU) No 2018/1139 U.K.

94.—(1) Article 14 (individual aircraft) is amended as follows.

(2) In paragraph 1, for “the delegated acts” substitute “regulations”.

(3) In paragraph 2, for “the implementing acts” substitute “regulations”.

Commencement Information

I13 Reg. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 15 of Regulation (EU) No 2018/1139 U.K.

95.—(1) Article 15 (organisations) is amended as follows.

(2) In paragraph 1, in both places the words occur, for “the delegated acts referred to in” substitute “regulations made under”.

(3) In paragraph 2—

(a) in the second subparagraph, for “the adoption of the implementing acts referred to in” substitute “regulations made under”;

(b) in the last subparagraph—

(i) for “the implementing acts referred to in” substitute “regulations made under”;

(ii) omit “adopted”.

(4) In paragraphs 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

(5) In paragraph 5—

(a) for “the adoption of the implementing acts referred to in” substitute “regulations made under”;

(b) for “implementing acts referred to in” substitute “regulations made under”;

(c) in the last place the words occur, for “implementing acts” substitute “regulations”.

Commencement Information

I14 Reg. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 16 of Regulation (EU) No 2018/1139 U.K.

96.—(1) Article 16 (personnel) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph, for “the adoption of implementing acts referred to in” substitute “regulations made under”;

(b) in the second subparagraph—

(i) for “the implementing acts referred to in” substitute “regulations made under”;

(ii) omit “adopted”.

(3) In paragraphs 2 and 3, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I15 Reg. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 17 of Regulation (EU) No 2018/1139 U.K.

97.—(1) Article 17 (implementing acts as regards airworthiness) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the last subparagraph.

(4) In paragraph 2, for the words from the start to “Commission” substitute “When making those regulations, the Secretary of State”.

Commencement Information

I16 Reg. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 18 of Regulation (EU) No 2018/1139 U.K.

98.—(1) Article 18 (derogations) is amended as follows.

(2) In paragraph 1—

(a) in point (a)—

(i) in each place the words occur, for “the delegated acts referred to in” substitute “regulations made under”;

(ii) omit “adopted”;

(b) in point (b), for “the delegated acts referred to in” substitute “regulations made under”.

(3) In paragraph 2,

(a) in the first subparagraph, in points (a) and (b), for “the delegated acts referred to in” substitute “regulations made under”;

(b) in the second subparagraph—

(i) for “the delegated acts referred to in” substitute “regulations made under”;

(ii) for “the implementing act referred to in” substitute “regulations made under”;

(c) in the third subparagraph, for “the delegated acts referred to in” substitute “regulations made under”.

Commencement Information

I17 Reg. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 19 of Regulation (EU) No 2018/1139 U.K.

99.—(1) Article 19 (delegated powers) is amended as follows.

(2) In paragraph 1—

(a) for the words from “the Commission” to “Article 128”, substitute “the Secretary of State may make regulations”;

(b) in point (b), for “Agency” substitute “CAA”.

(3) In paragraph 2, for the words from “the Commission” to “Article 128”, substitute “Secretary of State may make regulations”.

(4) In paragraph 3—

(a) for the words from “the Commission” to “Article 128”, substitute “Secretary of State may make regulations”;

(b) for “all Member States” substitute “the United Kingdom”.

Commencement Information

I18 Reg. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 2 U.K. Aircrew

Amendment of Article 21 of Regulation (EU) No 2018/1139 U.K.

100.  In Article 21 (pilots), in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I19 Reg. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 22 of Regulation (EU) No 2018/1139 U.K.

101.  In Article 22 (cabin crew), in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I20 Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 23 of Regulation (EU) No 2018/1139 U.K.

102.—(1) Article 23 (implementing acts as regards pilots and cabin crew) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) for the “the uniform implementation of, and compliance with,” substitute “compliance with”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph;

(c) in the third subparagraph, for the words from the start to “Commission” substitute “When making those regulations, the Secretary of State”;

(d) in the fourth subparagraph, in both places the words occur, for “implementing acts” substitute “regulations”.

(4) In paragraph 2—

(a) in the first subparagraph—

(i) for the “the uniform implementation of, and compliance with,” substitute “compliance with”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

Commencement Information

I21 Reg. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 24 of Regulation (EU) No 2018/1139 U.K.

103.—(1) Article 24 (training organisations and aero-medical centres) is amended as follows.

(2) In paragraph 2, for “the adoption of implementing acts referred to in” substitute “regulations made under”.

(3) In paragraphs 3 to 5, for “the implementing acts referred to in” substitute “regulations made under”.

(4) In paragraph 6—

(a) for “the adoption of the implementing acts referred to in” substitute “regulations made under”;

(b) in the second place the words occur, for “implementing acts referred to in” substitute “regulations made under”;

(c) in the third place the words occur, for “implementing acts” substitute “regulations”.

Commencement Information

I22 Reg. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 25 of Regulation (EU) No 2018/1139 U.K.

104.—(1) Article 25 (flight simulation training devices) is amended as follows.

(2) In paragraph 1, for “the adoption of implementing acts referred to in” substitute “regulations made under”.

(3) In paragraphs 2 to 5, in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I23 Reg. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 26 of Regulation (EU) No 2018/1139 U.K.

105.—(1) Article 26 (instructors and examiners) is amended as follows.

(2) In paragraph 1, for “the adoption of implementing acts referred to in” substitute “regulations made under”.

(3) In paragraphs 2 to 5, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I24 Reg. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 27 of Regulation (EU) No 2018/1139 U.K.

106.—(1) Article 27 (implementing acts as regards training, testing, checking and medical assessment) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform application of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission”, substitute “When making those regulations, the Secretary of State”.

Commencement Information

I25 Reg. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 28 of Regulation (EU) No 2018/1139 U.K.

107.  In Article 28 (delegated powers), for the words from “the Commission” to “Article 128” substitute “Secretary of State may make regulations”.

Commencement Information

I26 Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 3 U.K. Air Operations

Amendment of Article 30 of Regulation (EU) No 2018/1139 U.K.

108.—(1) Article 30 (aircraft operators) is amended as follows.

(2) In paragraph 1—

(a) for “territory to which the Treaties apply” substitute “United Kingdom”;

(b) for “the implementing acts referred to in” substitute “regulations made under”;

(c) in point (a), for “implementing acts” substitute “regulations”.

(3) In paragraphs 2 to 5, for “the implementing acts referred to in” substitute “regulations made under”.

(4) In paragraph 6—

(a) in the first place the words occur, for “Member States” substitute “The Secretary of State”;

(b) for “territory to which the Treaties apply” substitute “United Kingdom”;

(c) for the words from “that territory” to “carry” substitute “the United Kingdom but in a territory for which the United Kingdom carries”.

(5) In paragraph 7—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) for “the delegated act referred to in” substitute “regulations made under”.

Commencement Information

I27 Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 31 of Regulation (EU) No 2018/1139 U.K.

109.—(1) Article 31 (implementing acts as regards air operations) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(iv) in point (e), for “territory to which the Treaties apply” substitute “United Kingdom”;

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission”, substitute “When making regulations, the Secretary of State”.

Commencement Information

I28 Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 32 of Regulation (EU) No 2018/1139 U.K.

110.—(1) Article 32 (delegated powers) is amended as follows.

(2) In paragraph 1—

(a) for the words from “Commission” to “Article 128”, substitute “Secretary of State may make regulations”;

(b) in point (b)—

(i) for “national competent authorities” substitute “the CAA”;

(ii) omit the words from “and the issuance” to the end.

(3) In paragraph 2, for the words from “Commission” to “Article 128” substitute “the Secretary of State may make regulations”.

Commencement Information

I29 Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 4 U.K. Aerodromes

Amendment of Article 34 of Regulation (EU) No 2018/1139 U.K.

111.  In Article 34 (aerodrome certification), in each place the words occur, for “implementing acts” substitute “regulations”.

Commencement Information

I30 Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 35 of Regulation (EU) No 2018/1139 U.K.

112.—(1) Article 35 (safety related aerodrome equipment) is amended as follows.

(2) In paragraph 1—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) in point (a), for “implementing acts referred to in” substitute “regulations made under”.

(3) In paragraph 2, for “implementing acts referred to in” substitute “regulations made under”.

(4) In paragraphs 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I31 Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 36 of Regulation (EU) No 2018/1139 U.K.

113.—(1) Article 36 (implementing acts as regards aerodromes and safety-related aerodrome equipment) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(iv) omit point (h);

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission”, substitute “When making regulations under subparagraph 1, the Secretary of State”.

Commencement Information

I32 Reg. 113 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 37 of Regulation (EU) No 2018/1139 U.K.

114.  In Article 37 (organisations), for “the delegated acts referred to in” substitute “regulations made under”.

Commencement Information

I33 Reg. 114 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 38 of Regulation (EU) No 2018/1139 U.K.

115.—(1) Article 38 (protection of aerodrome surroundings) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “The Secretary of State and the CAA”;

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

(3) In paragraph 2, for the words from “the competent authorities” to the end, substitute “the CAA”.

(4) In paragraph 3—

(a) for “Commission shall” substitute “Secretary of State may”;

(b) for “adopt implementing acts” substitute “make regulations”;

(c) omit the last sentence.

Commencement Information

I34 Reg. 115 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 39 of Regulation (EU) No 2018/1139 U.K.

116.—(1) Article 39 (delegated powers) is amended as follows.

(2) In paragraph 1, for the words from “Commission” to “Article 128” substitute “Secretary of State may make regulations”.

(3) In paragraph 2, for the words from “Commission” to “Article 128,” substitute “Secretary of State may make regulations”.

Commencement Information

I35 Reg. 116 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 5 U.K. Air Traffic Management / Air Navigation Services

Amendment of Article 40 of Regulation (EU) No 2018/1139 U.K.

117.  In Article 40 (essential requirements), in paragraph 2, for “the Single European Sky” substitute “United Kingdom”.

Commencement Information

I36 Reg. 117 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 41 of Regulation (EU) No 2018/1139 U.K.

118.—(1) Article 41 (ATM/ANS providers) is amended as follows.

(2) In paragraphs 2, 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

(3) In paragraph 5—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) for “Member States” substitute “the CAA”;

(c) omit the last sentence.

(4) In paragraph 6—

(a) in the first subparagraph—

(i) in the first place it occurs, for “Member States” substitute “the CAA”;

(ii) in point (a), for “Member States are” substitute “the United Kingdom is”;

(iii) in point (b), for “Member State granting the exemption” substitute “United Kingdom”;

(iv) in point (d), for “Member State concerned” substitute “CAA”;

(b) omit the second, third and fourth subparagraphs.

Commencement Information

I37 Reg. 118 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 42 of Regulation (EU) No 2018/1139 U.K.

119.—(1) Article 42 (organisations involved in the design, production or maintenance of ATM/ANS systems and ATM/ANS constituents) is amended as follows.

(2) In paragraph 1—

(a) for “the implementing acts referred to in” substitute “regulations made under”;

(b) in point (a), for “implementing acts” substitute “regulations”.

(3) In paragraphs 2, 3 and 4, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I38 Reg. 119 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 43 of Regulation (EU) No 2018/1139 U.K.

120.—(1) Article 43 (implementing acts as regards ATM/ANS providers and organisations involved in the design, production or maintenance of ATM/ANS systems and ATM/ANS constituents) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

(4) Omit paragraph 2.

(5) In paragraph 3, for the words from the start to “Commission” substitute “When making regulations under paragraph 1, the Secretary of State”.

Commencement Information

I39 Reg. 120 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 44 of Regulation (EU) No 2018/1139 U.K.

121.—(1) Article 44 (implementing acts as regards the use of airspace and the design of airspace structures) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

(4) Omit paragraph 2.

(5) In paragraph 3, for the words from the start to “Commission” substitute “When making regulations under paragraph 1, the Secretary of State”.

Commencement Information

I40 Reg. 121 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 45 of Regulation (EU) No 2018/1139 U.K.

122.  In Article 45 (ATM/ANS systems and constituents), in each place the words occur, for “the delegated acts referred to in” substitute “regulations made under”.

Commencement Information

I41 Reg. 122 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 46 of Regulation (EU) No 2018/1139 U.K.

123.  Article 46 (design of airspace structures) is amended as follows—

(a) for “Member States” substitute “The CAA”;

(b) for “the detailed rules adopted by the Commission pursuant to” substitute “regulations made by the Secretary of State under”.

Commencement Information

I42 Reg. 123 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 47 of Regulation (EU) No 2018/1139 U.K.

124.  In Article 47 (delegated powers), in paragraphs 1 and 2, for the words from “Commission” to “Article 128,” substitute “the Secretary of State may make regulations”.

Commencement Information

I43 Reg. 124 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 6 U.K. Air Traffic Controllers

Amendment of Article 49 of Regulation (EU) No 2018/1139 U.K.

125.  In Article 49 (air traffic controllers), in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I44 Reg. 125 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 50 of Regulation (EU) No 2018/1139 U.K.

126.—(1) Article 50 (implementing acts as regards air traffic controllers) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission” substitute “When making regulations under paragraph 1, the Secretary of State”.

Commencement Information

I45 Reg. 126 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 51 of Regulation (EU) No 2018/1139 U.K.

127.  In Article 51 (air traffic controller training organisations and aero-medical centres), in each place the words occur, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I46 Reg. 127 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 52 of Regulation (EU) No 2018/1139 U.K.

128.  In Article 52 (instructors, assessors and aero-medical examiners), in each place it occurs, for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I47 Reg. 128 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 53 of Regulation (EU) No 2018/1139 U.K.

129.—(1) Article 53 (implementing acts as regards training, testing, checking and medical assessment) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “Commission” substitute “Secretary of State”;

(iii) for “adopt implementing acts” substitute “make regulations”;

(b) omit the second subparagraph.

(4) In paragraph 2, for the words from the start to “Commission” substitute “When making regulations under paragraph 1, the Secretary of State”.

Commencement Information

I48 Reg. 129 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 54 of Regulation (EU) No 2018/1139 U.K.

130.  In Article 54 (delegated powers), for the words from “the Commission” to “Article 128,” substitute “the Secretary of State may make regulations”.

Commencement Information

I49 Reg. 130 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 7 U.K. Unmanned aircraft

Amendment of Article 55 of Regulation (EU) No 2018/1139 U.K.

131.  In Article 55 (essential requirements for unmanned aircraft)—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I50 Reg. 131 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 56 of Regulation (EU) No 2018/1139 U.K.

132.—(1) Article 56 (compliance of unmanned aircraft) is amended as follows.

(2) In paragraph 1—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) for “the implementing acts referred to in” substitute “regulations made under”.

(3) In paragraph 2—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) for “the implementing acts referred to in” substitute “regulations made under”.

(4) In paragraph 3—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) for “the implementing acts referred to in” substitute “regulations made under”.

(5) In paragraph 4—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) for “the implementing acts referred to in” substitute “regulations made under”.

(6) In paragraph 5—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) for “the implementing acts referred to in” substitute “regulations made under”;

(c) for “delegated and implementing acts” substitute “regulations”.

(7) In paragraph 6—

(a) for “the delegated acts referred to in” substitute “regulations made under”;

(b) omit the second sentence.

(8) In paragraph 7—

(a) in the first sentence—

(i) for “Member States” substitute “The CAA”;

(ii) for “the implementing acts referred to in” substitute “regulations made under”;

(iii) for the words from “digital” to “systems” substitute “a digital national registration system”;

(b) omit the second sentence.

(9) In paragraph 8—

(a) for “Member States” substitute “the Secretary of State”;

(b) for “national rules” substitute “regulations”;

(c) omit “in accordance with the Union law”.

Commencement Information

I51 Reg. 132 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 57 of Regulation (EU) No 2018/1139 U.K.

133.—(1) Article 57 (implementing acts as regards unmanned aircraft) is amended as follows.

(2) In the heading, for “Implementing acts” substitute “Regulations”.

(3) In the first subparagraph—

(a) omit “the uniform implementation of and”;

(b) for “the Commission shall, adopt implementing acts” substitute “the Secretary of State may make regulations”;

(c) in point (e), for “digital, interoperable, harmonized, national registration systems” substitute “a digital national registration system”.

(4) Omit the second subparagraph.

Commencement Information

I52 Reg. 133 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 58 of Regulation (EU) No 2018/1139 U.K.

134.—(1) Article 58 (delegated powers) is amended as follows.

(2) In paragraph 1, for the words from “the Commission” to “Article 128,” substitute “the Secretary of State may make regulations”.

(3) In paragraph 2, for the words from “the Commission” to “Article 128,” substitute “the Secretary of State may make regulations”.

Commencement Information

I53 Reg. 134 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 8 U.K. Aircraft used by a third country operator

Amendment of heading for Section 8 of Regulation (EU) No 2018/1139 U.K.

135.  In the heading for Section 8 (aircraft used by a third-country operator into, within or out of the Union), for “Union” substitute “United Kingdom”.

Commencement Information

I54 Reg. 135 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 59 of Regulation (EU) No 2018/1139 U.K.

136.  In Article 59 (applicable rules), in point (b), for “the delegated acts referred to in” substitute “regulations made under”.

Commencement Information

I55 Reg. 136 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 60 of Regulation (EU) No 2018/1139 U.K.

137.—(1) Article 60 (compliance) is amended as follows.

(2) In paragraph 2, in both places the words occur, for “the delegated acts referred to in” substitute “regulations made under”.

(3) In paragraph 3, for “territory to which the Treaties apply” substitute “United Kingdom”.

Commencement Information

I56 Reg. 137 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 61 of Regulation (EU) No 2018/1139 U.K.

138.—(1) Article 61 (delegated powers) is amended as follows.

(2) In paragraph 1—

(a) for the words from “Commission” to “Article 128,” substitute “Secretary of State may make regulations”;

(b) in point (a), for “territory to which the Treaties apply” substitute “United Kingdom”;

(c) in point (d), omit “and to the implementing acts adopted on the basis thereof”.

(3) In paragraph 2—

(a) for “adopting the rules referred to in” substitute “making regulations under”;

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

(c) in point (c)—

(i) for “Commission” substitute “Secretary of State”;

(ii) in point (ii)—

(aa) for “the delegated acts referred to in” substitute “regulations made under”;

(bb) for “the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I57 Reg. 138 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 4 U.K. Certification, oversight and enforcement system – Chapter 4 of Regulation (EU) No 2018/1139

Amendment of Article 62 of Regulation (EU) No 2018/1139 U.K.

139.—(1) Article 62 (certification, oversight and enforcement) is amended as follows.

(2) In paragraph 1—

(a) for the words from the start to “system” substitute “The Secretary of State and the CAA must cooperate”;

(b) for the words from “the delegated” to the end substitute “regulations made under it”.

(3) In paragraph 2—

(a) for the words from “the delegated”, the first time they occur, to “authorities” substitute “regulations made under it, the CAA”;

(b) in point (a), in both places the word occurs, for “them” substitute “the CAA”;

(c) in point (c), for the words from “the delegated” to the end substitute “regulations made under it”;

(d) in point (d), for “them” substitute “the CAA”;

(e) in point (f), for “their” substitute “CAA”.

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) omit the first six subparagraphs;

(b) in the seventh subparagraph, for the words from the start to “referred to in” substitute “Where regulations made under”.

(6) Omit paragraph 5.

(7) In paragraph 6, for “Agency and national competent authorities” substitute “CAA”.

(8) Omit paragraph 7.

(9) In paragraph 8—

(a) for “Agency” substitute “CAA”;

(b) omit “, exchange”.

(10) Omit paragraphs 9, 10 and 11.

(11) In paragraph 12, for “Agency and the national competent authorities” substitute “CAA”.

(12) Omit paragraph 13.

(13) In paragraph 14—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “paragraphs 2 to 9” substitute “paragraphs 2, 4, 6 and 8”;

(iii) for “national competent authorities” substitute “the CAA”;

(iv) for “Commission” substitute “Secretary of State”;

(v) for “adopt implementing acts” substitute “make regulations”;

(vi) in point (a), for “national competent authority” substitute “CAA”;

(vii) in point (b)—

(aa) for “national competent authority” substitute “CAA”;

(bb) for the words from “the delegated” to the end substitute “regulations made under it”;

(viii) omit point (d);

(ix) in point (e), for “national competent authority” substitute “CAA”;

(b) omit the second subparagraph.

(14) In paragraph 15—

(a) in the first subparagraph—

(i) omit “the uniform implementation of and”;

(ii) for “paragraphs (2) to (9)” substitute “paragraphs 2, 4, 6 and 8”;

(iii) for “Agency and national competent authorities” substitute “CAA”;

(iv) for “Commission” substitute “Secretary of State”;

(v) for “adopt implementing acts” substitute “make regulations”;

(vi) omit point (a);

(vii) in point (b), for “the Agency and national competent authorities” substitute “CAA”;

(viii) in point (c), for “Agency and national competent authorities” substitute “CAA”;

(b) omit the second subparagraph.

Commencement Information

I58 Reg. 139 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Articles 63 to 67 of Regulation (EU) No 2018/1139 U.K.

140.  Omit the following—

(a) Article 63 (pool of European aviation inspectors);

(b) Article 64 (reallocation of responsibility upon request of Member States);

(c) Article 65 (reallocation of responsibility upon request of organisations operating in more than one Member State);

(d) Article 66 (oversight support mechanism);

(e) Article 67 (validity and recognition of certificates and declarations).

Commencement Information

I59 Reg. 140 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 68 of Regulation (EU) No 2018/1139 U.K.

141.—(1) Article 68 (acceptance of third country certification) is amended as follows.

(2) In paragraph 1—

(a) for the words from the start to “authorities” substitute “The CAA”;

(b) for the words from “the delegated” to “thereof” substitute “regulations made under it”;

(c) in point (a)—

(i) for “Union” substitute “United Kingdom”;

(ii) at the end insert “or”;

(d) in point (b)—

(i) for the words from the start to “basis of” substitute “regulations made under”;

(ii) at end omit “or”;

(e) omit point (c).

(3) In paragraph 2, in both places the word occurs, for “Agency” substitute “CAA”.

(4) In paragraph 3, for the words from the start to “Article 128” substitute “The Secretary of State may make regulations”.

Commencement Information

I60 Reg. 141 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 69 of Regulation (EU) No 2018/1139 U.K.

142.—(1) Article 69 (qualified entities) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph—

(i) for the words from the start to “tasks” substitute “The CAA may allocate its tasks”;

(ii) for the words from “the delegated acts” to “the implementing acts referred to in” substitute “regulations made under”;

(b) in the second subparagraph, for the words from the start to “entities” substitute “The CAA”;

(c) omit the third subparagraph.

(3) In paragraph 2—

(a) for the words from the start to “applicable” substitute “The CAA”;

(b) omit “that they granted”.

(4) In paragraph 3—

(a) for the words from the start to “grant it” substitute “The CAA may grant a qualified entity”;

(b) for the words “Agency or the national competent authority” substitute “CAA”.

(5) Omit paragraphs 4 and 5.

Commencement Information

I61 Reg. 142 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 70 of Regulation (EU) No 2018/1139 U.K.

143.—(1) Article 70 (safeguard provisions) is amended as follows

(2) In paragraph 1—

(a) in the first subparagraph—

(i) for the words from “delegated acts” to “thereof” substitute “regulations made under it”;

(ii) for “a Member State” substitute “the CAA”;

(iii) in point (a), for “that Member State” substitute “the CAA”;

(iv) in point (b)—

(aa) for “Member State” substitute “CAA”;

(bb) for the words from “the delegated acts” to the end substitute “regulations made under it”;

(b) omit the second subparagraph.

(3) Omit paragraphs 2, 3 and 4.

Commencement Information

I62 Reg. 143 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 71 of Regulation (EU) No 2018/1139 U.K.

144.—(1) Article 71 (flexibility provisions) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph—

(i) for “Member States” substitute “The CAA”;

(ii) for “the delegated or implementing acts adopted on the basis of” substitute “regulations made under”;

(iii) in point (c), for “Member State” substitute “CAA”;

(b) omit the second subparagraph.

(3) Omit paragraphs 2 and 3.

Commencement Information

I63 Reg. 144 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Articles 72 to 74 of Regulation (EU) No 2018/1139 U.K.

145.  Omit the following—

(a) Article 72 (information gathering, exchange and analysis);

(b) Article 73 (protection of the source of information);

(c) Article 74 (repository of information).

Commencement Information

I64 Reg. 145 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 5 U.K. The European Union Aviation Safety Agency – Chapter 5 of Regulation EU (No) 2018/1139

SUB-SECTION 1 U.K. Tasks

Amendment of Article 75 of Regulation (EU) No 2018/1139 U.K.

146.—(1) Article 75 (establishment and functions of the Agency) is amended as follows.

(2) In the heading, for “Establishment and functions of the Agency” substitute “Functions of the CAA under this Regulation”.

(3) Omit paragraph 1.

(4) In paragraph 2—

(a) in the first place it occurs, for “Union” substitute “United Kingdom”;

(b) in the first place it occurs, for “Agency” substitute “CAA”;

(c) in point (b)—

(i) in both places it occurs, for “Commission” substitute “Secretary of State”;

(ii) for “Agency” substitute “CAA”;

(d) in point (c), for “Commission” substitute “Secretary of State”;

(e) in point (d), omit “Union”;

(f) in point (e), omit “, or as requested by the Commission”;

(g) in point (f)—

(i) for “Member States” substitute “the United Kingdom”;

(ii) for “them” substitute “the United Kingdom”;

(h) in point (g)—

(i) for “national competent authorities” substitute “Secretary of State”;

(ii) for “their tasks” substitute “the tasks of the Secretary of State”;

(i) in point (h)—

(i) for “Commission” substitute “Secretary of State”;

(ii) for “Union” substitute “any relevant”;

(j) in point (i), for “Union” substitute “United Kingdom”;

(k) in point (j), omit “Union”.

Commencement Information

I65 Reg. 146 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 76 of Regulation (EU) No 2018/1139 U.K.

147.—(1) Article 76 (Agency measures) is amended as follows.

(2) In the heading, for “Agency measures” substitute “CAA measures”.

(3) In paragraph 1—

(a) for the words from the start to “assist the Commission” substitute “The CAA must, upon request, assist the Secretary of State”;

(b) for “delegated and implementing acts to be adopted on the basis of this Regulation” substitute “regulations to be made under it”;

(c) for “the Agency submits to the Commission” substitute “the CAA submits to the Secretary of State”.

(4) Omit paragraph 2.

(5) In paragraph 3—

(a) for “Agency” substitute “CAA”;

(b) for “delegated and implementing acts adopted on the basis of” substitute “regulations made under”;

(c) for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”.

(6) In paragraph 4—

(a) in the first subparagraph—

(i) for “The Agency” substitute “The CAA”;

(ii) for the words from “paragraph 6” to the end substitute “Articles 77 and 79 to 83”;

(b) omit “the second, third, fourth and fifth subparagraphs”.

(7) Omit paragraphs 5, 6 and 7.

Commencement Information

I66 Reg. 147 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 77 of Regulation (EU) No 2018/1139 U.K.

148.—(1) Article 77 (airworthiness and environmental certification) is amended as follows.

(2) In paragraph 1—

(a) for “Agency” substitute “CAA”;

(b) for “Member States” substitute “the United Kingdom”.

(3) In paragraph 2—

(a) for “Agency” substitute “CAA”;

(b) in point (b) omit the words from “, where those organisations” to the end.

(4) In paragraph 3 for “Agency” substitute “CAA”.

Commencement Information

I67 Reg. 148 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 78 of Regulation (EU) No 2018/1139 U.K.

149.  Omit Article 78 (aircrew certification).

Commencement Information

I68 Reg. 149 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 79 of Regulation (EU) No 2018/1139 U.K.

150.  In Article 79 (certification of safety-related aerodrome equipment), for “Agency” substitute “CAA”.

Commencement Information

I69 Reg. 150 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 80 of Regulation (EU) No 2018/1139 U.K.

151.—(1) Article 80 (ATM/ANS) is amended as follows.

(2) In paragraph 1—

(a) in the first place it occurs, for “Agency” substitute “CAA”;

(b) in point (a)—

(i) for “Member States are” substitute “the United Kingdom is”;

(ii) for “above the territory to which the Treaties apply” substitute “of the United Kingdom”;

(c) omit points (b) and (c);

(d) in point (d)—

(i) for “Agency” substitute “CAA”;

(ii) for “points (a) and (b)” substitute “point (a)”.

(3) In paragraph 2—

(a) for the words from “including” to “Agency” substitute “the CAA”;

(b) for “the delegated acts referred to in” substitute “regulations made under”.

Commencement Information

I70 Reg. 151 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 81 of Regulation (EU) No 2018/1139 U.K.

152.  In Article 81 (air traffic controller training organisations certification)—

(a) for “Agency” substitute “CAA”;

(b) omit the words from “, where those organisations” to the end.

Commencement Information

I71 Reg. 152 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 82 of Regulation (EU) No 2018/1139 U.K.

153.—(1) Article 82 (third-country aircraft operators and international safety oversight) is amended as follows.

(2) In paragraph 1—

(a) for “Agency” substitute “CAA”;

(b) omit the words from “unless a Member State” to the end.

(3) In paragraph 2, for “Agency” substitute “CAA”.

(4) In paragraph 3—

(a) for “Agency” substitute “CAA”;

(b) in both places the word occurs, for “Commission” substitute “Secretary of State”.

Commencement Information

I72 Reg. 153 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 83 of Regulation (EU) No 2018/1139 U.K.

154.—(1) Article 83 (investigations by the Agency) is amended as follows.

(2) In the heading, for “Agency” substitute “CAA”.

(3) In paragraph 1—

(a) for “Agency” substitute “CAA”;

(b) omit “national competent authorities or”.

(4) In paragraph 2—

(a) in the first subparagraph—

(i) in the first two places the words occur, for “Agency” substitute “CAA”;

(ii) in point (b), for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(iii) omit point (c);

(b) in the second subparagraph—

(i) for “Agency” substitute “CAA”;

(ii) for “the delegated and implementing acts adopted on the basis thereof” substitute “regulations made under it”;

(iii) after “in compliance with” (in the first place it occurs) omit “the”;

(iv) omit “of the Member State”;

(c) omit the last subparagraph.

(5) In paragraph 3, for “Agency” substitute “CAA”.

(6) Omit paragraph 4.

Commencement Information

I73 Reg. 154 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Articles 84 to 86 of Regulation (EU) No 2018/1139 U.K.

155.  Omit the following—

(a) Article 84 (fines and periodic penalty payments);

(b) Article 85 (monitoring of Member States);

(c) Article 86 (research and innovation).

Commencement Information

I74 Reg. 155 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 87 of Regulation (EU) No 2018/1139 U.K.

156.—(1) Article 87 (environmental protection) is amended as follows.

(2) In paragraph 1, for “Agency” substitute “CAA”.

(3) Omit paragraphs 2 and 3.

(4) In paragraph 4—

(a) in the first subparagraph—

(i) for “Agency” substitute “CAA”;

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

(b) in the second subparagraph—

(i) for “Agency” substitute “CAA”;

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

(c) in the third subparagraph—

(i) for “Agency” substitute “CAA”;

(ii) for “Member States” substitute “Secretary of State”;

(d) in the fourth subparagraph, for “Union” substitute “United Kingdom”.

Commencement Information

I75 Reg. 156 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 88 of Regulation (EU) No 2018/1139 U.K.

157.  Omit Article 88 (interdependencies between civil aviation safety and security).

Commencement Information

I76 Reg. 157 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 89 of Regulation (EU) No 2018/1139 U.K.

158.  Omit Article 89 (interdependencies between civil aviation safety and socio-economic factors).

Commencement Information

I77 Reg. 158 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 90 of Regulation (EU) No 2018/1139 U.K.

159.—(1) Article 90 (international cooperation) is amended as follows.

(2) In paragraph 1—

(a) for “Agency” substitute “CAA”;

(b) for “Commission in its” substitute “Secretary of State in the”;

(c) in both places it occurs for “European” substitute “United Kingdom”.

(3) In paragraph 2—

(a) at the start for “The Agency” substitute “The CAA”;

(b) for “Agency, in prior consultation with the Commission,” substitute “CAA”;

(c) for “Union and its Member States” substitute “United Kingdom”.

(4) In paragraph 3—

(a) in the first subparagraph—

(i) for “The Agency shall assist Member States” substitute “The CAA must assist the Secretary of State”;

(ii) in the first place it occurs, for “their” substitute “the United Kingdom’s”;

(iii) in the second and third places it occurs, for “their” substitute “its”;

(b) omit the second subparagraph.

(5) Omit paragraphs 4 and 5.

(6) In paragraph 6—

(a) for “paragraphs 1 to 5” substitute “paragraphs 1 to 3”;

(b) for “Agency” substitute “CAA”;

(c) for “Agency’s” substitute “CAA’s”.

Commencement Information

I78 Reg. 159 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 91 of Regulation (EU) No 2018/1139 U.K.

160.—(1) Article 91 (aviation crisis management) is amended as follows.

(2) In paragraph 1, for “Agency” substitute “CAA”.

(3) Omit paragraph 2.

Commencement Information

I79 Reg. 160 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 92 of Regulation (EU) No 2018/1139 U.K.

161.—(1) Article 92 (aviation training) is amended as follows.

(2) In paragraph 1—

(a) in the first two places it occurs, for “Agency” substitute “CAA”;

(b) for “in its official publication” substitute “on its website”;

(c) in the third place it occurs, for “Agency” substitute “CAA”.

(3) In paragraph 2—

(a) for “Agency” substitute “CAA”;

(b) omit “and national competent authorities’”.

Commencement Information

I80 Reg. 161 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 93 of Regulation (EU) No 2018/1139 U.K.

162.  Omit Article 93 (implementation of Single European Sky).

Commencement Information

I81 Reg. 162 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 2 U.K. Internal structure

Amendment of Articles 94 to 114 of Regulation (EU) No 2018/1139 U.K.

163.  Omit the following—

(a) Article 94 (legal status, seat and local offices);

(b) Article 95 (staff);

(c) Article 96 (privileges and immunities);

(d) Article 97 (liability);

(e) Article 98 (functions of the management board);

(f) Article 99 (composition of the management board);

(g) Article 100 (chairperson of the management board);

(h) Article 101 (meetings of the management board);

(i) Article 102 (voting rules of the management board);

(j) Article 103 (executive director);

(k) Article 104 (responsibilities of the executive director);

(l) Article 105 (powers of the Board of Appeal);

(m) Article 106 (members of the Board of Appeal);

(n) Article 107 (exclusion and objection);

(o) Article 108 (decisions subject to appeal);

(p) Article 109 (persons entitled to appeal);

(q) Article 110 (time limit and form);

(r) Article 111 (interlocutory revision);

(s) Article 112 (examination of appeals);

(t) Article 113 (decisions on appeal);

(u) Article 114 (actions before the Court of Justice).

Commencement Information

I82 Reg. 163 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 3 U.K. Working methods

Amendment of Article 115 of Regulation (EU) No 2018/1139 U.K.

164.—(1) Article 115 (procedures for the development of opinions, certification specifications and other detailed specifications, acceptable means of compliance and guidance material) is amended as follows.

(2) In paragraph 1—

(a) for “Management Board” substitute “CAA”;

(b) in point (a)—

(i) omit “the civil and”;

(ii) omit “of the Member States”;

(c) in point (b) omit “the relevant European”;

(d) in point (c), in both places it occurs, for “Agency” substitute “CAA”.

(3) In paragraph 2—

(a) the first time it occurs, for “Agency” substitute “CAA”;

(b) the first time it occurs, for “the Member States” substitute “relevant stakeholders”;

(c) omit the words from “To that effect” to the end.

(4) In paragraph 3—

(a) at the start for “Agency” substitute CAA”;

(b) for the words from “in the official” to the end substitute “on the CAA’s website”.

Commencement Information

I83 Reg. 164 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 116 of Regulation (EU) No 2018/1139 U.K.

165.—(1) Article 116 (procedures for taking decisions) is amended as follows.

(2) In paragraph 1—

(a) for “Management Board” substitute “CAA”;

(b) in point (b) omit the words from “, subject to the requirements” to the end;

(c) in point (c), for “this Regulation” substitute “the Civil Aviation Authority Regulations 1991”.

(3) In paragraph 2, for “Management Board” substitute “CAA”.

Commencement Information

I84 Reg. 165 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Articles 117 to 119 of Regulation (EU) No 2018/1139 U.K.

166.  Omit the following—

(a) Article 117 (annual and multi-annual programming);

(b) Article 118 (consolidated annual activity report);

(c) Article 119 (transparency and communication).

Commencement Information

I85 Reg. 166 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SUB-SECTION 4 U.K. Financial requirements

Amendment of Articles 120 to 126 of Regulation (EU) No 2018/1139 U.K.

167.  Omit the following—

(a) Article 120 (budget);

(b) Article 121 (implementation and control of the budget);

(c) Article 122 (combating fraud);

(d) Article 123 (security rules on the protection of classified and sensitive non-classified information);

(e) Article 124 (evaluation);

(f) Article 125 (financial rules);

(g) Article 126 (fees and charges).

Commencement Information

I86 Reg. 167 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 6 U.K. Final provisions – Chapter 6 of Regulation EU (No) 2018/1139

Amendment of Article 127 of Regulation (EU) No 2018/1139 U.K.

168.  For Article 127 (committee procedure) substitute—

“Regulations

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

2.   Regulations made by the Secretary of State 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.”

Commencement Information

I87 Reg. 168 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Articles 128 to 131 of Regulation (EU) No 2018/1139 U.K.

169.  Omit the following—

(a) Article 128 (exercise of the delegation);

(b) Article 129 (participation of European third countries);

(c) Article 130 (Headquarters Agreement and operating conditions);

(d) Article 131 (penalties).

Commencement Information

I88 Reg. 169 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 132 of Regulation (EU) No 2018/1139 U.K.

170.—(1) Article 132 (processing of personal data) is amended as follows.

(2) In paragraph 1—

(a) for “Member States” substitute “the Secretary of State and the CAA”;

(b) for the words from “the national laws” to the end substitute “data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018 (c.12)”.

(3) Omit paragraph 2.

Commencement Information

I89 Reg. 170 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Article 140 of Regulation (EU) No 2018/1139 U.K.

171.—(1) Article 140 (transitional provisions) is amended as follows.

(2) In paragraph 1, omit the words from “, including” to the end.

(3) In paragraph 3, for “Agency” substitute “CAA”.

(4) Omit paragraph 4.

(5) In paragraph 5, for the words from “the delegated acts” to “this Regulation”, substitute “regulations made under Article 57 and Article 58”.

(6) Omit paragraph 6.

Commencement Information

I90 Reg. 171 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Further amendment of Regulation (EU) No 2018/1139 U.K.

172.  After Article 141 (entry into force), omit the sentence which begins “This Regulation shall be binding”.

Commencement Information

I91 Reg. 172 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

SECTION 7 U.K. Annexes to Regulation (EU) No 2018/1139

Amendment of Annex I to Regulation (EU) No 2018/1139 U.K.

173.  Annex I (aircraft referred to in point (d) of Article 2(3)), point 1 is amended as follows—

(a) in point (a)(ii), in the third indent, omit “of a Member State”;

(b) in point (d), for “Agency” substitute “CAA”.

Commencement Information

I92 Reg. 173 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex II to Regulation (EU) No 2018/1139 U.K.

174.  In Annex II (essential requirements for airworthiness), in point 3.1(d), omit “Union”.

Commencement Information

I93 Reg. 174 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex IV to Regulation (EU) No 2018/1139 U.K.

175.  In Annex IV (essential requirements for aircrew), in paragraph 2, for “the implementing acts adopted on the basis of” substitute “regulations made under”.

Commencement Information

I94 Reg. 175 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex V to Regulation (EU) No 2018/1139 U.K.

176.  In Annex V (essential requirements for air operations), in point 8.1(d), omit “Union”.

Commencement Information

I95 Reg. 176 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex VI to Regulation (EU) No 2018/1139 U.K.

177.  In Annex VI (essential requirements for qualified entities), in point 6, for the words from “one Member State” to the end substitute “the CAA”.

Commencement Information

I96 Reg. 177 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex VII to Regulation (EU) No 2018/1139 U.K.

178.  In Annex VII (essential requirements for aerodromes)—

(a) in point 2.2.2, omit “Union”;

(b) in point 3.3, for “Member States” substitute “CAA”;

(c) in point 4.2.2, omit “Union”.

Commencement Information

I97 Reg. 178 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex VIII to Regulation (EU) No 2018/1139 U.K.

179.—(1) Annex VIII (essential requirements for ATM/ANS and air traffic controllers) is amended as follows.

(2) In point 2.7 for “Union” substitute “national”.

(3) In point 2.8—

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

(b) for “as implemented under Regulation (EC) No 551/2004” substitute “as given effect under Eurocontrol airspace management documents”;

(c) omit “in the context of the common transport policy”.

(4) In point 5.1(g), omit “Union”.

Commencement Information

I98 Reg. 179 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Annex IX to Regulation (EU) No 2018/1139 U.K.

180.—(1) Annex IX (essential requirements for unmanned aircraft) is amended as follows.

(2) In point 1.1 omit “Union and national”.

(3) In point 2.2(a), for the words from “the delegated act” to “Article 57” substitute “regulations made under Articles 57 and 58”.

(4) In point 2.4.5, for “Union law” substitute “the law of the United Kingdom”.

(5) In point 4—

(a) in point 4.1—

(i) for “Member States” substitute “the United Kingdom”;

(ii) for “the implementing acts referred to in” substitute “regulations made under”;

(b) in points 4.2 and 4.3, for “ the implementing acts referred to in” substitute “regulations made under”.

Commencement Information

I99 Reg. 180 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1