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”.