PART 3Amendment of principal EU Regulations

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

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

SUB-SECTION 5Air Traffic Management / Air Navigation Services

Amendment of Article 40 of Regulation (EU) No 2018/1139117

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

Amendment of Article 41 of Regulation (EU) No 2018/1139118

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.

Amendment of Article 42 of Regulation (EU) No 2018/1139119

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”.

Amendment of Article 43 of Regulation (EU) No 2018/1139120

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”.

Amendment of Article 44 of Regulation (EU) No 2018/1139121

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”.

Amendment of Article 45 of Regulation (EU) No 2018/1139122

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”.

Amendment of Article 46 of Regulation (EU) No 2018/1139123

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”.

Amendment of Article 47 of Regulation (EU) No 2018/1139124

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”.