The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020
2020 No. 694
Exiting The European Union
Civil Aviation
The Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020
Made 1st July 2020
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, and paragraphs 15(1) and 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1.—(1) These Regulations may be cited as the Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020.
(2) Subject to paragraph (3), these Regulations come into force on IP completion day.
(3) Regulation 55 comes into force immediately before IP completion day.
(4) “IP completion day” has the same meaning as in section 39(1) of the European Union (Withdrawal Agreement) Act 20202.
PART 2
Amendment and revocation of retained direct EU legislation
CHAPTER 1
Amendment of Commission Implementing Regulation (EU) 2017/373
Commission Implementing Regulation (EU) 2017/373: introduction
2. Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 is amended in accordance with regulations 3 to 15.
Article 1 of Commission Implementing Regulation (EU) 2017/373
3. In Article 1 (subject matter), point 2—
(a) for “authorities” substitute “authority”, and
(b) for “their” substitute “its”.
Article 2 of Commission Implementing Regulation (EU) 2017/373
4. In Article 2 (definitions) after point (1) insert—
“1A. ‘the CAA’ means the Civil Aviation Authority;”.
Article 3 of Commission Implementing Regulation (EU) 2017/373
5.—(1) Article 3 (provision of ATM/ANS and ATM network functions) is amended as follows.
(2) In paragraph 1 for “Member States” substitute “The Secretary of State”.
(3) In paragraph 2—
(a)
(a) for “Member States adopt” substitute “the Secretary of State adopts”,
(b)
(b) omit “on any matters left to the Member States under this Regulation”,
(c)
(c) for “in addition to notifying” substitute “the Secretary of State shall notify”, and
(d)
(d) omit “, the Member States shall notify the European Aviation Safety Agency (the ‘Agency’)”.
(4) In paragraph 3—
(a)
(a) for “Member States” substitute “The CAA”, and
(b)
(b) for “their” substitute “its”.
(5) In paragraph 4—
(a)
(a) for “a Member State” substitute “the Secretary of State”,
(b)
(b) for “that Member State” substitute “he or she”, and
(c)
(c) omit “Union and national”.
Article 4 of Commission Implementing Regulation (EU) 2017/373
6.—(1) Article 4 (competent authority for certification, oversight and enforcement) is amended as follows.
(2) For paragraph 1 substitute—
“1. The competent authority responsible for the issuing of certificates to service providers, for the acknowledgement of receipts of declarations made by providers of flight information services referred to in Article 7 where relevant and for oversight and enforcement in respect of service providers shall be the CAA.”.
(3) Omit points 3, 4 and 7.
Article 6 of Commission Implementing Regulation (EU) 2017/373
7.—(1) Article 6 (service providers) is amended as follows.
(2) In point (c) omit “, and providers of air traffic flow management and the Network Manager”.
(3) In point (k) omit “, when those requirements will be adopted by the Commission”.
(4) Omit point (l).
Article 7 of Commission Implementing Regulation (EU) 2017/373
8. In Article 7 (declaration by providers of flight information services) for “Member States allow” substitute “the Secretary of State allows”.
Article 8 of Commission Implementing Regulation (EU) 2017/373
9. In Article 8 (existing certificates), in paragraph 2, for “Member States” substitute “The competent authority”.
Article 9 of Commission Implementing Regulation (EU) 2017/373
10. In Article 9 (repeal and amendment) omit paragraph 3.
Annex 1 to Commission Implementing Regulation (EU) 2017/373
11.—(1) Annex 1 (definition of terms used in Annexes 2 to 13) is amended as follows.
(2) In point (1) for “Agency” substitute “competent authority”.
(3) In point (23)—
(a)
(a) for “alternative means of compliance (AltMOC)” substitute “means of compliance (MOC)”, and
(b)
(b) for “Agency” substitute “competent authority”.
(4) For point (30) substitute—
“30. ‘ATM network functions’ means the air traffic management (ATM) functions mentioned in Article 6(2) of Regulation (EU) No 551/2004;”.
(5) In point (32)—
(a)
(a) in point (a) for “a State authority” substitute “the competent authority”,
(b)
(b) in point (b)—
(i) for “State authority” substitute “competent authority”, and
(ii) for “that State” substitute “the Secretary of State”.
(6) In point (36) for “Agency” substitute “competent authority”.
(7) In point (59) for “Agency” substitute “competent authority”.
(8) In point (88) for “a competent authority” substitute “the competent authority”.
(9) In point (108) for “Member States” substitute “United Kingdom”.
Annex 2 to Commission Implementing Regulation (EU) 2017/373
12.—(1) Annex 2 (requirements for the competent authority – oversight of services and other ATM network functions) is amended as follows.
(2) In point ATM/ANS.AR.A.005 (certification, oversight and enforcement tasks) in point (b)(2) for “they are” substitute “it is” and for “their” substitute “its”.
(3) In point ATM/ANS.AR.A.015 (means of compliance) omit point (e)(2) and the unnumbered point that follows it.
(4) In point ATM/ANS.AR.B.010 (changes in the management system) for “Agency” substitute “Secretary of State”.
(5) In point ATM/ANS.AR.C.005 (certification, declaration and verification of service providers’ compliance with the requirements) in point (b)(5) omit “Article 9 of Regulation (EC) No 549/2004,”.
Annex 3 to Commission Implementing Regulation (EU) 2017/373
13.—(1) Annex 3 (common requirements for service providers) is amended as follows.
(2) In the title for SUBPART D omit the words “AND ATFM PROVIDERS AND THE NETWORK MANAGER”.
(3) In point ATM/ANS.OR.D.001 (scope) for “and air traffic flow management (ATFM) providers and the Network Manager” substitute “providers”.
(4) In point ATM/ANS.OR.D.005 (business, annual, and performance plans)—
(a)
(a) in point (a) (business plan)—
(i) in point (1) omit “and air traffic flow management”,
(ii) in point (1)(i)—
(aa) omit “and of the air traffic flow management”,
(bb) omit “or of the air traffic flow management provider”, and
(cc) for “Union” substitute “applicable”,
(iii) in point (1)(ii) for “Commission Implementing Regulation (EU) No 390/2013” substitute “Chapter IV of Part 1 of the Transport Act 2000”,
(iv) in point (2) for “the performance plan referred to in Article 11 of Regulation (EC) No 549/2004” substitute “any performance plan that may be required pursuant to Chapter IV of Part 1 of the Transport Act 2000”,
(v) in point (3)—
(aa) omit “and air traffic flow management”, and
(bb) omit the words from “and identifying” to the end of the point;
(b)
(b) in point (b) (annual plan)—
(i) in point (1) omit “and air traffic flow management”,
(ii) in point (2)(i) omit “or of the air traffic flow management provider”, and
(iii) in point (2)(ii) for “the performance plan referred to in Article 11 of Regulation (EC) No 549/2004” substitute “any performance plan that may be required pursuant to Chapter IV of Part 1 of the Transport Act 2000”,
(iv) in each of points (iii) and (iv) omit “and air traffic flow management”; and
(c)
(c) in point (c) (performance part of the plans)—
(i) omit “and the air traffic flow management”,
(ii) for “Commission” substitute “competent authority”, and
(iii) for “national” substitute “applicable”.
(5) In point ATM/ANS.OR.D.010 (security management) in points (a), (c) and (d) for “and air traffic flow management providers and the Network Manager” substitute “providers” in each place where it occurs.
(6) In point ATM/ANS.OR.D.015 (financial strength – economic and financial capacity) omit “and air traffic flow management”.
(7) In point ATM/ANS.OR.D.020 (liability and insurance cover)—
(a)
(a) in points (a) and (c) for “and air traffic flow management providers and the Network Manager” substitute “providers” in each place where it occurs, and
(b)
(b) in point (b) omit “and the Network Manager”.
(8) In point ATM/ANS.OR.D.025 (reporting requirements)—
(a)
(a) in points (a), (b) and (d)(2) omit “and air traffic flow management” in each place where it occurs,
(b)
(b) in point (a) for “shall” substitute “may, under any requirement pursuant to Chapter IV of Part 1 of the Transport Act 2000, be required to”,
(c)
(c) omit points (c) and (d)(3),
(d)
(d) in point (d) for “reports” substitute “report” and omit “and (c)”,
(e)
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