PART 3Amendment of principal EU Regulations

CHAPTER 2Amendment of Regulation (EC) No 2111/2005

Regulation (EC) No 2111/2005 (banned operator list)15

Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC is amended in accordance with regulations 16 to 33.

Amendment of the title of Regulation (EC) No 2111/200516

The title is amended as follows—

a

in the first place it occurs, omit “Community”;

b

in the second place it occurs, for “Community” substitute “United Kingdom”.

Amendment of Article 1 of Regulation (EC) No 2111/200517

1

Article 1 (subject matter) is amended as follows.

2

In paragraph 1, in point (a)—

a

for “Community list, based on common criteria” substitute “list, based on the criteria in the Annex”;

b

in the second place it occurs, for “Community” substitute “United Kingdom”.

3

Omit paragraphs 2 and 3.

Amendment of Article 2 of Regulation (EC) No 2111/200518

1

Article 2 (definitions) is amended as follows.

2

In point (f), for the words from “means” to the end substitute “means any permission granted under article 250(2) of the Air Navigation Order 2016, or any authorisation issued under Article 3 of Commission Regulation 452/2014 laying down technical requirements and administrative procedures related to air operations of third country operators”.

3

In point (g)—

a

after “‘operating ban’ means” insert “a decision under article 250(1A) of the Air Navigation Order 2016, or”;

b

in both places it occurs, for “Community” substitute “United Kingdom”.

4

In point (h), for “Article 2(1) of Directive 90/314/EEC” substitute “regulation 2(5) of the Package Travel and Linked Travel Arrangements Regulations 20184”.

5

In point (j), for “relevant Community law” substitute “any relevant enactment”.

6

After point (j) insert—

k

‘the CAA’ means the Civil Aviation Authority;

l

‘third country’ means any country or territory other than the United Kingdom, British overseas territories, and the Channel Islands and the Isle of Man.

Amendment of the heading for Chapter 2 of Regulation (EC) No 2111/200519

In the heading for Chapter 2, for “Community” substitute “United Kingdom Safety”.

Amendment of Article 3 of Regulation (EC) No 2111/200520

1

Article 3 (establishment of the Community list) is amended as follows.

2

In the heading, for “Community” substitute “United Kingdom Safety”.

3

In paragraph 1—

a

in the first sentence—

i

in the first place it occurs, for “Community” substitute “United Kingdom on safety grounds”;

ii

for “Community list” substitute “United Kingdom safety list”;

iii

after “be established” insert “by the Secretary of State”;

b

omit the second sentence.

4

In paragraph 2—

a

in the first place it occurs, omit “common”;

b

for “imposing an operating ban on an air carrier” substitute “including an air carrier on the United Kingdom safety list”;

c

in the second place the words occur, for “common criteria” substitute “criteria in the Annex”;

d

for “The Commission may modify the Annex” substitute “The Secretary of State may modify the Annex by regulations”;

e

omit the last sentence.

5

Omit paragraphs 3 and 4.

Amendment of Article 4 of Regulation (EC) No 2111/200521

1

Article 4 (updating of the Community list) is amended as follows.

2

In the heading, for “Community” substitute “United Kingdom safety”.

3

In paragraph 1—

a

at the start, for “Community” substitute “United Kingdom safety”;

b

for point (a) substitute—

a

to include an air carrier which is subject to an operating ban in the United Kingdom imposed on the basis of the criteria in the Annex;

c

in point (b)—

i

in the first two places it occurs, for “Community” substitute “United Kingdom safety”;

ii

for “common criteria” substitute “criteria in the Annex”;

iii

in the third place it occurs, for “Community” substitute “United Kingdom safety”;

d

for point (c) substitute—

c

to modify the entry for an air carrier in the United Kingdom safety list to reflect a decision under article 250(1B) of the Air Navigation Order 2016 to amend a decision under article 250(1A) of that Order.

4

In paragraph 2—

a

for the words from the start to “Member State,” substitute “The Secretary of State, having consulted the CAA,”;

b

in the first place it occurs, for “Community” substitute “United Kingdom safety”;

c

for the words from “in accordance with” to “common criteria” substitute “on the basis of the criteria in the Annex”;

d

in the second place it occurs, for “Commission” substitute “Secretary of State”;

e

in the second place it occurs, for “Community” substitute “United Kingdom safety”.

5

Omit paragraph 3.

Amendment of Article 5 of Regulation (EC) No 2111/200522

Omit Article 5 (provisional measures for updating of the Community list).

Amendment of Article 6 of Regulation (EC) No 2111/200523

Omit Article 6 (exceptional measures).

Amendment of Article 7 of Regulation (EC) No 2111/200524

Omit Article 7 (rights of defence).

Amendment of Article 8 of Regulation (EC) No 2111/200525

Omit Article 8 (implementing measures).

Amendment of Article 9 of Regulation (EC) No 2111/200526

1

Article 9 (publication) is amended as follows.

2

In paragraph 1—

a

for “Community” substitute “United Kingdom safety”;

b

for “in the Official Journal of the European Union” substitute “by the CAA on the CAA website”.

3

In paragraph 2—

a

for “The Commission and the Member States” substitute “The Secretary of State and the CAA”;

b

for “Community” substitute “United Kingdom safety”.

4

In paragraph 3—

a

for “national civil aviation authorities, the European Aviation Safety Agency” substitute “the CAA”;

b

for “territory of the Member States” substitute “United Kingdom”;

c

for “Community” substitute “United Kingdom safety”.

Amendment of Article 10 of Regulation (EC) No 2111/200527

1

Article 10 (scope) is amended as follows.

2

In paragraph 1—

a

for “Community” substitute “United Kingdom”;

b

in points (a) and (b), for the words from “on territory” to the end substitute “in the United Kingdom”.

3

In paragraph 3, for the words from “Directive” to the end substitute “the Package Travel and Linked Travel Arrangements Regulations 2018 and Regulation (EC) No 80/2009”.

Amendment of Article 12 of Regulation (EC) No 2111/200528

In Article 12 (right to reimbursement or re-routing), in paragraph 2—

a

in point (a)—

i

in the first place it occurs, for “Community” substitute “United Kingdom safety”;

ii

in the second place it occurs, for “Community” substitute “United Kingdom”;

b

in point (b)—

i

in the first place it occurs, for “Community” substitute “United Kingdom safety”;

ii

in the second place it occurs, for “Community” substitute “United Kingdom”.

Amendment of Article 13 of Regulation (EC) No 2111/200529

Omit Article 13 (penalties).

Amendment of Article 14 of Regulation (EC) No 2111/200530

Omit Article 14 (information and amendment).

Amendment of Article 15 of Regulation (EC) No 2111/200531

For Article 15 (including the heading) 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.

Further amendment of Regulation (EC) No 2111/200532

After Article 17 (entry into force), omit the paragraph which begins “This Regulation shall be binding”.

Amendment of the Annex to Regulation (EC) No 2111/200533

1

The Annex (common criteria for consideration of an operating ban for safety reasons at Community level) is amended as follows.

2

For the heading substitute “Criteria relevant to inclusion of an air carrier on the United Kingdom safety list”.

3

In the first paragraph—

a

omit “on action at Community level”;

b

in the second place it occurs, for “action at Community level” substitute “inclusion on the United Kingdom safety list”.

4

In the second paragraph—

a

for “totally or partially banned” substitute “included on the United Kingdom safety list”;

b

in point 1, omit the second indent;

c

in point 2, in the first indent, for “the civil aviation authority of a Member State” substitute “the CAA”;

d

in point 3—

i

in the first indent, for “the civil aviation authority of a Member State” substitute “the CAA”;

ii

in the second indent, in point (a), for “applicable Community law” substitute “relevant enactment”.