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

JurisdictionUK Non-devolved
CitationSI 2019/547

2019No. 547

EXITING THE EUROPEAN UNION

CIVIL AVIATION

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

Made11thMarch2019

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 paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018( 1).

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. These Regulations may be cited as the Aviation Security (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2

Amendment of primary legislation

The Aviation Security Act 1982

2.—(1) The Aviation Security Act 1982( 2) is amended as follows.

(2) In section 20—

(a) omit subsections (3A), (4A) and (6); and

(b) in subsection (4) for “subsections (3) and (3A)” substitute “subsection (3)”.

(3) In section 21E omit subsection (4).

PART 3

Amendment and revocation of retained EU law

Amendment of Regulation (EC) No 300/2008

3. Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 is amended in accordance with regulations 4 to 40.

4. In the title omit “common”.

5. In Article 1 (objectives)—

(a) in paragraph 1—

(i) in the first subparagraph, omit “common”;

(ii) in the second subparagraph, for “a common” substitute “an”;

(b) in paragraph 2(a) omit “common”.

6. In Article 2 (scope)—

(a) in paragraph 1(a) for “territory of a Member State” substitute “United Kingdom”;

(b) omit paragraph 2.

7. In Article 3 (definitions)—

(a) omit paragraphs 5 and 28;

(b) in paragraph 27 omit “common”.

8.—(1) Article 4 (basic standards) is amended as follows.

(2) In the heading, omit “Common”.

(3) In paragraph 1—

(a) in the first subparagraph omit “common”;

(b) for the second subparagraph substitute—

“Additional basic standards not foreseen at the entry into force of this Regulation may be added to the Annex by regulations made by the Secretary of State.”.

(4) In paragraph 2—

(a) for the first subparagraph substitute—

“2. General measures, designed to amend non-essential elements of the basic standards referred to in paragraph 1 by supplementing them, may be prescribed by regulations made by the Secretary of State.”;

(b) in point (l) omit “common”;

(c) omit the final subparagraph.

(5) In paragraph 3—

(a) for the first subparagraph substitute—

“3. Detailed measures for the implementation of the basic standards referred to in paragraph 1 and the general measures referred to in paragraph 2 may be prescribed by regulations made by the Secretary of State.”.

(b) in point (e), for a “third” substitute “another”.

(6) In paragraph 4—

(a) for the first subparagraph substitute—

“4. The Secretary of State may make regulations to set criteria to permit derogation from the basic standards referred to in paragraph 1 and to adopt alternative security measures that provide an adequate level of protection on the basis of a local risk assessment. Such alternative measures shall be justified by reasons relating to the size of the aircraft, or by reasons relating to the nature, scale or frequency of operations or of other relevant activities.”;

(b) omit the second and third subparagraphs.

(7) In paragraph 5—

(a) for “Member States” in the first sentence substitute “The appropriate authority”;

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

(c) omit “common”;

(d) for “a Member State” in the second sentence substitute “the appropriate authority”.

9. In Article 5 (security costs)—

(a) for “Subject to the relevant rules of Community law, each Member State” substitute “The Secretary of State”;

(b) for “and in conformity with Community Law, Member States” substitute “the Secretary of State”.

10.—(1) Article 6 (more stringent measures) is amended as follows.

(2) In the heading, omit “applied by Member States”.

(3) In paragraph 1—

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

(b) omit “common”;

(c) for “they” substitute “the Secretary of State”;

(d) omit “and in compliance with Community law”.

(4) Omit paragraphs 2 and 3.

11. Omit Articles 7 and 8.

12. In Article 9 (appropriate authority)—

(a) for “Where, within a single Member State, two or more bodies are involved in civil aviation security, that Member State shall designate a single” substitute “The Secretary of State is designated as the”;

(b) omit “common”.

13. In Article 10 (national civil aviation security programme), in paragraph 1—

(a) in the first subparagraph, for “Every Member State” substitute “The appropriate authority”;

(b) in the second subparagraph, omit “common”.

14.—(1) Article 11 (national quality control programme) is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph, for “Every Member State” substitute “The appropriate authority”;

(b) in the second subparagraph, for “Member State” substitute “appropriate authority”.

(3) In paragraph 2—

(a) for the first subparagraph, substitute—

“The specifications for the national quality control programme may be prescribed by regulations made by the Secretary of State.”;

(b) omit the second subparagraph;

(c) in the third subparagraph, for “territory of the Member State concerned” substitute “United Kingdom”.

15. In Article 12 (airport security programme), in paragraph 1, in the second subparagraph omit “of the Member State in which the airport is located”.

16.—(1) Article 13 (air carrier security programme) is amended as follows.

(2) In paragraph 1, in the second subparagraph omit “of the Member State from which it provides services”.

(3) In paragraph 3—

(a) for the first sentence, substitute—

“Where an air carrier security programme has been validated by the entity granting an operating licence, the air carrier should be recognised as having fulfilled the requirements of paragraph 1.”.

(b) in the second sentence, for “a Member State's” substitute “the Secretary of State's”;

(c) in point (a) for “that Member State” substitute “the Secretary of State”.

17. In Article 14 (entity security programme), in paragraph 1, in the second subparagraph omit “of the Member State in respect of its operations in that Member State”.

18.—(1) Article 15 (inspections) is amended as follows.

(2) In the heading, omit “Commission”.

(3) In paragraph 1—

(a) in the first subparagraph—

(i) for “The Commission, acting in cooperation with the appropriate authority of the Member State concerned,” substitute “The appropriate authority”;

(ii) omit “by Member States”;

(iii) omit the sentence beginning with the words “For this purpose”;

(b) for the second subparagraph substitute—

“The procedures for conducting inspections may be prescribed by regulations made by the Secretary of State.”.

(4) In paragraph 2—

(a) omit “Commission”;

(b) omit the second sentence.

(5) Omit paragraph 3.

19. After Article 15 insert—

“Article 15A

Parliamentary procedure

1. Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2. Regulations made by the Secretary of State under Articles 4(1), (2) or (4) or 11(2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

3. Regulations made by the Secretary of State under any other provision in this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament.

4. 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.”.

20. Omit Articles 16 to 22.

21. In Article 24 (entry into force) omit the second subparagraph of paragraph 3 beginning with the words “This Regulation”.

22. Annex 1 is amended in accordance with regulations 23 to 29.

23. In the heading, omit “common”.

24. In point 1.1, omit “common”.

25. In point 2, omit “common”.

26. In point 4.1—

(a) for points (a) and (b) of paragraph 2 substitute—

“(a) they arrive from a domestic airport; or

(b) they arrive from any other airport designated by the appropriate authority.”;

(b) for points (c) and (d) of paragraph 3 substitute—

“(c) they arrive from a domestic airport; or

(d) they arrive from any other airport designated by the appropriate authority.”.

27. In point 4.2 for points (a) and (b) of paragraph 2 substitute—

“(a) they arrive from a domestic airport; or

(b) they arrive from any other airport designated by the appropriate authority.”;

28. In point 5.1 for paragraph 2 substitute—

“2. Hold baggage may be exempted from screening if—

(a) it arrives from a domestic airport; or

(b) it arrives from any other airport designated by the appropriate authority.”.

29. In point 6.1 omit “or an account consignor”.

30. Annex 2 is amended in accordance with regulations 31 to 40.

31. In the heading—

(a) omit “Common”;

(b) for “each Member State” substitute “the appropriate authority”.

32. Omit point 1.1(2).

33. Omit point 2.1.

34. In point 3.2(f), for “points 2.1 and 2.3” substitute “point 2.3”.

35. Omit point 7.6.

36. In point 11—

(a) in the heading omit “common”;

(b) in point 11.1 omit “harmonised”.

37. In points 14.1 and 15.1 for “Each Member State” substitute “The appropriate authority”.

38. Omit points 17 to 18.3.

39. In Appendix 2, in the heading omit “harmonised”.

40. Omit Appendix 3.

Amendment of Commission Regulation (EC) No 272/2009

41. Commission Regulation (EC) No 272/2009 of 2 April 2009 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council is amended in accordance with regulations 42 to 46.

42. In the title, omit “common”.

43. In Article 1—

(a) in the first...

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