Regulation 2019/494 - Aspects of aviation safety with regard to the withdrawal of the United Kingdom from the Union - Main contents
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official title
Regulation (EU) 2019/494 of the European Parliament and of the Council of 25 March 2019 on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (Text with EEA relevance.)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2019/494 |
| Original proposal | COM(2018)894  |
| CELEX number i | 32019R0494 |
| Document | 25-03-2019; Date of signature |
|---|---|
| Publication in Official Journal | 27-03-2019; OJ L 85I , 27.3.2019, p. 11–15 |
| Signature | 25-03-2019 |
| Effect | 01-01-1001; Application See Art 10.2 28-03-2019; Entry into force Date pub. +1 See Art 10.1 28-03-2019; Application Partial application See Art 10.2 |
| End of validity | 31-12-9999; See Art. 10.3 |
27.3.2019 |
EN |
Official Journal of the European Union |
LI 85/11 |
REGULATION (EU) 2019/494 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2019
on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period. |
(2) |
The principal objective of Regulation (EU) 2018/1139 of the European Parliament and of the Council (3) is to establish and maintain a high and uniform level of aviation safety in the Union. For that purpose, a system of certificates has been established for various aviation activities, in order to achieve the required safety levels and to enable the necessary verifications and the mutual acceptance of certificates issued. |
(3) |
In the area of aviation safety, the impact of the withdrawal of the United Kingdom from the Union on certificates and approvals can be remedied by many stakeholders through various measures. Those measures include the transfer to a civil aviation authority of one of the remaining 27 Member States, or applying, before the withdrawal date, for a certificate issued by the European Union Aviation Safety Agency (‘the Agency’), taking effect from that date only and hence conditional upon the United Kingdom having become a third country. |
(4) |
However, unlike in other areas of Union law, there are some specific instances where it is not possible to obtain a certificate from another Member State or from the Agency because, from the withdrawal date, the United Kingdom will resume, for its jurisdiction, the role as ‘State of design’ under the Convention on International Civil Aviation. The United Kingdom, in turn, can only issue certificates in that new role once it has assumed it, namely once Union law ceases to apply to the United Kingdom following its withdrawal from the Union. |
(5) |
It is therefore necessary to set up a temporary mechanism to extend the validity of certain aviation safety certificates, in order to allow the operators concerned, and the Agency, sufficient time to issue the necessary certificates under Article 68 of Regulation (EU) 2018/1139 to take account of the United Kingdom's status as a third country. |
(6) |
The duration of such extension of the validity of certificates should be limited to what is strictly necessary in order to deal with the United Kingdom's departure from the Union's aviation safety system. |
(7) |
In order to allow for additional time, where necessary, for the certificates under Article 68 of Regulation (EU) 2018/1139 to be issued to the operators concerned, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of further extending the period of validity of the certificates referred... |
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