Jesse Norman
MP for Hereford and South Herefordshire · Conservative · United Kingdom
“In view of the new Prime Minister’s spending priorities, it now seems highly unlikely that the ruinously expensive current plans will be put to the House before the end of this year. Seven months have already passed with no action.”
“10 North have real spending powers of its own? If the answer is yes, then this will be a new kind of cross-departmental Ministry—perhaps a territorial Ministry, like a regional Government but with no defined scope or mandate. We will need to see the legal instruments delegating Treasury authority and functions to it.”
“I rather fear that, given our longevity and at least the level of banter on the Government side of the Dispatch Box, we will be seen over time as the Morecambe and Wise, or perhaps the two Ronnies, of British politics.”
“The past few weeks have brought news of the deaths of Dolly Parton, Tim Curry and Wendell Berry. I am sure that many colleagues will share my sense of shock and sadness at the loss of those extraordinary figures, but also give great thanks for their lives. Truly, we live in a world of change.”
“10 North will not have spending power of its own, then ultimately the Treasury and the Chancellor will continue to sign off on its public spending and on any taxing matters. Decentralisation is really important, but No. 10 North will not be a means of decentralisation in this scenario; it will be just another layer of Government.”
“But we are not going to cast nasturtiums, in the words of a friend of mine, on any of this nonsense—not even on Baroness Lloyd and the hopeless Building Digital UK, who have entirely failed to address the issue of fibre broadband in neglected parts of my constituency and simply repeated the same language of incompetence and failure to me…”
The complete record
Every one of 5,414 lines we hold for Jesse Norman, in date order, each linked to its source. Free to read, in full, without an account. Page 65 of 109.
“Changes are required to make the two retained EU regulations suitable for a UK context, and to ensure that they continue to function properly after exit. For example, EU processes, such as the need for the UK to seek authorisation from the European Commission for exemptions from the rules, have been removed. Certain functions will also be transferred to the Secretary of State, such as the Commission’s power to specify the technical requirements of the tachograph, which will become a domestic regulation-making power using the affirmative procedure. [Official Report, 19 February 2019, Vol. 654, c. 14MC.] Changes are also being made in order to retain the status quo in how the UK recognises incoming drivers or equipment from EU countries.”
“The majority of the changes under this heading are to ensure that there are explicit domestic provisions, including for offences and penalties, to fully implement the AETR. I emphasise that the AETR driving time and tachograph rules mirror the equivalent EU regulations, so this legal change does not affect the regulatory obligations on drivers and operators within the scope of the rules. Although the need for the amendments is especially relevant in the context of our EU exit, they are in any event legally required under the UK’s international obligations. Secondly, the draft regulations make changes to the retained EU regulations, using the powers conferred by the EU withdrawal Act. With the UK outside the EU, the retained EU regulations will cover the majority of domestic transport operations.”
“The directly applicable EU regulation—Regulation No. 165/2014—mandates the use of tachographs by relevant drivers. The draft regulations make the changes needed to ensure that this framework will continue to function correctly after exit day. The draft regulations make amendments in three broad categories. First, they make changes to domestic law, under the European Communities Act 1972, to update the legal provisions that implement EU law ahead of exit day, so that the regime is fully effective and enforceable. In addition to the directly applicable rules I have already mentioned, EU law includes the obligation on member states to apply the wider United Nations AETR agreement on drivers’ hours rules. With the UK outside the EU, that wider international agreement will in the future cover transport operations between the UK and the EU.”
“They set maximum driving times and minimum break and rest times for most commercial drivers of both lorries and coaches. For example, the rules mean that after four and a half hours of driving, a driver must take a 45-minute break, with daily driving time normally limited to nine hours. The consequences of driving any vehicle while fatigued can of course be catastrophic, and the risks are particularly severe if heavy commercial vehicles are involved. These rules are enforced by the Driver and Vehicle Standards Agency and by the police, via targeted roadside checks and visits to operators’ premises. The principal tool used by enforcement officers is the record generated by the tachograph, which is a device installed in relevant vehicles that records the driving, rest and break times of the vehicles and their drivers.”
“Some elements of the retained EU legislation are required to ensure that other legislation continues to function effectively once the UK has left the EU. The amendments in the draft regulations are technical and limited to what is needed for legislation to continue to function. As the Department responsible for commercial road transport, we have conducted intensive work to ensure that there continues to be a functioning legislative transport framework for this important sector in all dimensions of the economy. For the benefit of Members who may not be aware, I will make a few remarks about the drivers’ hours rules contained in the directly applicable EU regulation—Regulation No. 561/2006—which are central to keeping our roads safe.”
“I beg to move, That the Committee has considered the draft Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019. It is a pleasure to serve under your chairmanship, Mr Robertson. Following the UK’s decision to leave the European Union after the referendum, the Government have been working hard to develop a positive future relationship with the EU, which has involved a significant amount of work by the Department for Transport to prepare for a range of possible outcomes in the Government’s negotiations. The European Union (Withdrawal) Act 2018 will retain directly applicable EU legislation in UK law on exit day, in order to provide continuity and certainty to industry and consumers without prejudice to the outcome of the negotiations.”
“I thank both hon. Gentlemen for their support for this important piece of secondary legislation. I will address the points that they have raised. The hon. Member for Kingston upon Hull East asked whether I concur with his view that a no-deal scenario would be devastating for the haulage industry. We should be in no doubt that the Government do not minimise the disruption that would be caused by a no-deal scenario—that is perfectly clear. That is why we are pressing for a withdrawal agreement and why I encourage hon. Members of all parties to support the Government on that.”
“To the extent that we are now reinstating them in our statute book, we are taking back control. I have touched on our preparations, but the hon. Member for Kilmarnock and Loudoun also raised the important issue of the driver shortage, which we recognise. We have been working closely with the industry on its “Road to Logistics” package. It has taken some time to get that to a place where it is something that the Government can look closely at, but I am pleased to say that it is now of great interest. I recommend it to my colleagues and encourage them to work closely with the industry to try to crack the issue. Having said that, I invite the Committee to support the regulations. Question put and agreed to .”
“Gentleman asked what discussions we have had, and the answer is that we have had extensive discussions, not just at ministerial and official level with the companies themselves, but with particular bottlenecks in the south-east, where we run an entirely separate process designed to ensure proper freight and traffic flows in the event of some disruption at the border. Of course, that disruption at the border could conceivably occur as a result of a no-deal Brexit, but it could also occur for other reasons—for example, we had it in 2015 outside the context of any EU negotiations. The hon. Member for Kilmarnock and Loudoun asked whether this was really taking back control. I will not go into that issue. He is right that we are taking over regulations, suitably amended, because those regulations had been outsourced to the EU over many years.”
“That is important, because it will help to mitigate any effects of this unusual and unexpected scenario. The hon. Gentleman asked whether businesses are ready. I think that many haulage businesses have got the message and are preparing contingency arrangements. They do not necessarily think it will happen, but they think it is important to be prepared. We have worked closely with the Freight Transport Association and the Road Haulage Association, which are the industry bodies responsible. The hon.”
“I apologise, Chair, for my natural courtesy, which led me astray in accommodating the hon. Gentleman. Of course, it is important to be aware of the rationale for the regulations, which is to be prepared for every eventuality. If there is an agreement, as we think there will be, they will need to be amended or revoked, as necessary. The point is that we are seeking a deal and we expect to get one. In answer to the hon. Member for Kingston upon Hull East, we have put in place plenty of contingency arrangements. As he knows, we have bilateral agreements and European Conference of Ministers of Transport permits in place. We also have what is already proving to be a highly pragmatic response from the different countries involved in responding to the situation.”
“The document will guarantee the recognition of UK driving licences after exit day, and recognise 1968 format IDPs when presented by overseas visitors to Great Britain, in the same way that this country already does for IDPs issued under the earlier 1949 Geneva convention on road traffic and the 1926 Paris convention on motor traffic.”
“I beg to move, That the Committee has considered the draft Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019. It is a great pleasure to serve under your chairmanship, Mr Evans. Following the UK’s decision to leave the EU in the 2016 referendum, the Government have been working tirelessly to develop a positive future relationship with the EU. The Department for Transport is currently working on the mutual recognition of driving licences and the possibility of achieving an agreement with EU member states. We must prepare for all scenarios, however, and that is what this draft legislation does. If approved, the order will enable a charge of £5.50 for an international driving permit, to be levied for an IDP issued in the format specified in the 1968 Vienna convention on road traffic.”
“I am fully able to confirm that. If I am allowed to finish my speech, I will say that 2,500 post offices are already primed and ready to issue the permits.”
“We are presently discussing the 1968 convention. Applying for such a permit now enables travel to countries that it would not have been possible to travel to post EU exit. For countries governed by the 1949 convention, a further IDP will be required.”
“Although UK nationals will not be required to purchase an IDP if, as we expect, this country achieves agreements across the EU, the amendment is still required as the 1968 format IDP will be required to guarantee licences when driving in over 75 countries outside the EU. It is therefore important that the amendment is approved, since the 1968 Vienna convention will still come into force on 28 March 2019, irrespective of whether the UK ceases to be subject to EU law on 29 March or at the end of the implementation period.”
“My right hon. Friend’s point is well taken; he is absolutely right to point out that Spain is governed by the other convention. People travelling to Spain will need that IDP. If they are travelling to Spain through France, they will need an IDP for both countries. That is well set out on the Post Office website and other websites, including gov.uk. We hope that will do a lot to alleviate any possible concerns. The document would guarantee the recognition of UK driving licences after exit day and will also recognise 1968 format IDPs when presented by overseas visitors to Great Britain, in the same way we already do in this country for IDPs issued under the earlier 1949 Geneva convention and the 1926 Paris convention. All formats of IDP will cost £5.50, which, it is important to emphasise, is a charge that has not increased since 2004.”
“The fact of the matter is that, at the moment, many countries may be required to recognise it by law, but on the ground they may not do so. One of the effects of an IDP is precisely to give a recognisable, international-standard document that allows any police or enforcement agency to see under what licensing arrangement the person is travelling. There is no doubt a slight increase in the complexity, which is a result of the requirement needed to exit the EU. However, this provision is activated only in the unlikely contingency that we do not have an EU-wide relationship that allows for mutual recognition, but we fully expect to.”
“The earlier 1926 and 1949 conventions also remain in place, guaranteeing UK licences in four EU member states, plus Iceland and more than 40 countries globally, including Japan and the USA, if the motorist presents the supporting IDP with their driving licence.”
“The Department is taking the appropriate measures to facilitate that. The 1968 convention facilitates international road traffic and increases road safety through consistent traffic rules. In preparation for exit day, this country ratified the 1968 Vienna convention on 28 March 2018. That international agreement will come into force one year later, on 28 March—the day before the UK leaves the EU. Following exit day, the convention will guarantee the recognition of UK vehicles and driving licences when used in 23 EU member states, plus Norway and Switzerland and more than 70 other countries globally.”
“I have learned over many years that interventions from the hon. Gentleman are rarely short, and this has been no exception. I meet the insurance industry very regularly, and I promise him that its representations have not been unheard or unmade in this context. He is right to highlight them, but they are only one part of the wider picture. This order has no direct effect on insurance as such; it is about the driving permits themselves. UK motorists drive to Europe every year, using ferries or the Eurotunnel, and they drive in Europe, whether for business or leisure. UK holidaymakers rightly want the option of hiring a car while abroad. Although the Government are still in the process of achieving agreements with the EU, as I have described, we are committed to minimising disruption to UK motorists following our exit.”
“To ensure that UK drivers will be able to get hold of these documents, we have significantly increased the numbers of issuing post offices: from this Friday—assuming that the Committee is content with the SI—2,500 post office branches will be issuing the document to licence holders, a huge increase compared with the 89 post offices that issue them today. I hope that colleagues will join me in supporting the order, which I commend to the Committee.”
“Although the UK will continue to recognise both EU and non-EU driving licences for up to 12 months, IDPs may provide immediate recognition and legitimacy at the roadside if the licence is not printed in the Roman alphabet. While we are still seeking agreements with member states on licence recognition and exchange, the SI will ensure that IDPs provide certainty for UK motorists who seek to travel in the EU following exit day. IDPs under previous international conventions have been issued for many years, so the concept is not new, but the SI will expand the number of countries in which IDPs can be used and will enable the Government to issue a document covering them for the 1968 convention. The 1968 format IDP has a longer validity period and therefore reduces the frequency of reissue.”
“These amendments will extend the 1975 order to the 1968 format IDP and extend the power to charge a fee for the issue of IDPs to IDPs issued under the 1968 convention in addition to those issued under the earlier conventions. The 1968 format IDP will cost £5.50 and will be valid for three years. This amendment therefore ensures that UK motorists can exercise their international legal rights to drive in the countries that are party to the 1968 convention once it comes into force for the UK on 28 March of this year. The amendments also provide for the recognition of a 1968 IDP issued to non-UK residents by another country that is party to the convention, for those who may be temporarily visiting the UK.”
“My right hon. Friend is absolutely right to ask that question—as he can imagine, it was the first question that I and officials asked. It is not possible in law because of the nature of the conventions and the relationships they bear to one another. We are fettered by the way in which the international structure of those conventions works. I would like nothing better than to have a consolidated format that could be applied for, but unfortunately it is simply not possible because of the way the treaties work. The changes made by this statutory instrument will provide certainty for UK motorists driving in the EU following exit day in a no-deal scenario. The SI specifically will amend provisions of the Motor Vehicles (International Circulation) Order 1975 to implement provisions of the 1968 convention concerning IDPs.”
“Member for Kingston upon Hull East will be aware that it is already on the gov.uk website, on post office websites and on the AA and RAC websites, at least—I am sure that other motoring organisations will feature it in due course. There will be no absence of available guidance for people who are making journeys. Of course, it is widely understood that one of the effects of Brexit may be to create some complications for international travel, so we expect that guidance to be widely sought and reviewed.”
“Member for Linlithgow and East Falkirk, we have talked historically about up to 4,500 post offices. The first 2,500 of them are primed and ready to go; were it required, in the case of extreme levels of demand, we would be able to go to 4,500, but it is a staged process. That seems sensible, because at the moment we issue about 110,000 IDPs a year. Obviously that will go up, for reasons that hon. Members have described, but we want to be able to address whatever the demand may be, and we have made that contingency arrangement. The price of £5.50 has been set on a cost recovery basis and therefore covers the cost involved. With regard to DFT guidance, the hon.”
“I think, Mr Evans, that the decisive and energetic interventions have exhausted the volcanoes on my side of the Committee. I am grateful to the Opposition and Scottish National party spokesmen for their contributions and for their support for this small but important piece of legislation. I am sure that the hon. Member for Kingston upon Hull East will understand that this is not the place to rehearse the already considerable arguments over the benefits or no of no deal, but I will pick up on the three specific points he raised about the order. The hon. Gentleman asked whether the Department is ready with additional resourcing. As he will be aware, the vast preponderance of the resourcing for this falls on the Post Office. To pick up on the point made by the hon.”
“That is a very interesting and helpful suggestion. As my right hon. Friend will be aware, at the moment it is not possible to apply online for the 1968 convention permit. We are therefore unable to offer that service, because the format is determined by the conventions, but I am very grateful to him for that constructive suggestion, and I will ask officials to look again at whether the applicable law may permit something. I recognise, and I am sure the Committee recognises, that that would have considerable value. I will leave it there. I am grateful for all the interventions that have been made and for the support of the Opposition parties and my own colleagues. Question put and agreed to.”
“We are continuing to work to achieve a positive future relationship with the EU and a deal that has the support of the House, but we are also continuing to ensure that the UK’s legal framework for aviation and the allocation of airport slots remains operable in a no-deal scenario. I commend this instrument to the Committee.”
“Finally, this instrument makes some minor changes to the 2006 implementing regulations, for instance removing the requirement for co-ordination committees at airports to invite the European Commission to meetings. It also makes a change to annex 13 to the European economic area agreement, which requires parties to the agreement to inform the European Commission about serious difficulties encountered by UK air carriers in obtaining airport slots in third countries. This provision will not apply to the UK after exit day when it is no longer a party to the EEA agreement, and so will be removed by this instrument as it is redundant.”
“On reciprocity, this instrument amends the provisions in the EU regulation so that instead of ensuring that Community carriers requesting slots in non-EU countries are treated fairly, the provisions ensure that UK carriers requesting slots in countries other than the UK are treated fairly with respect to the allocation of slots at that country’s airports. The instrument therefore sets out that it is the Secretary of State, rather than the European Commission, who may wholly or partially suspend the operation of the retained regulation 95/93 in relation to air carriers from a non-UK country. The EU regulation currently provides for that action to be taken through a regulation and this instrument transfers that function to the Secretary of State, who could carry it out through regulations following the normal negative resolution procedure.”
“This means that instead of being open to Community air carriers, qualifying air carriers will be eligible to operate PSOs in the UK. This will include UK air carriers and carriers from other countries that have cabotage rights in the UK—that is, the right to fly between two points in the UK. As is currently the case, any PSO can only be limited to one carrier by the Secretary of State after a tendering process has been followed. This change has no effect on the PSO routes already operating in the UK, which I know will be of interest to Members.”
“The EU regulation defined “new entrant” for the purposes of allocating slots from a slot pool as air carriers requesting slots for scheduled services between two Community airports, where at most two other carriers operate that route. This instrument amends that definition to allow for continuity, so that the regulation retained in UK law captures both air carriers requesting slots for passenger services between two UK airports and carriers requesting slots for services between a UK airport and an airport in a European economic area state. The EU regulation provides that a proportion of slots can be reserved for public service obligations—PSOs. The SI amends the definition of a PSO in line with the corrections already made to provisions in EU law on PSOs through the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018.”
“The EU regulation confers certain functions on member states, such as designating the airport as having its schedules facilitated or co-ordinated, and appointing a schedules facilitator or airport co-ordinator. These functions were conferred on the Secretary of State by domestic implementing regulations in 2006. This instrument corrects the EU regulation, so that when it is retained in UK law on exit day, these functions will be conferred on the Secretary of State in line with the implementing regulations. Other roles for EU institutions, such as the European Commission’s role in carrying out investigations, are removed or replaced. The instrument also makes corrections to some of the definitions contained in the EU regulation, for instance substituting the definition of a Community air carrier with a definition of a UK air carrier.”
“Finally, the regulation contains provisions for reciprocity to ensure that Community carriers that request slots in non-EU countries are treated fairly. The draft instrument makes minor changes to ensure that, once the UK has left the EU, retained EU regulation 95/93 continues to function correctly alongside the domestic Airports Slot Allocation Regulations 2006, which were made to implement the EU regulation. Most of the changes that the instrument makes are to ensure that the scope of the retained regulation is correct—for example, by amending article 1 to reflect the fact that the retained regulation will apply only to airports in the United Kingdom after exit day; by removing references to “community law” and EU treaties; and by removing or amending references to “member states”, which will no longer include the UK after exit day.”
“Under the EU regulation, slots can be allocated on the basis that the air carrier in question has held the slot in the previous season and has demonstrated that it used the slot for at least 80% of that season. Any remaining unused slots are returned to what is known as the “slot pool”, alongside any newly available slots. Some 50% of slots in the slot pool are available to new entrants. The regulation also makes provision for member states to reserve certain slots for essential domestic services, such as public service obligations. Under the EU regulation, it is possible for slots to be exchanged between air carriers or for a carrier to transfer a slot to a different route or type of service, with the exception of slots allocated to new entrants, which may not transfer or exchange slots for the first two seasons.”
“The EU regulation specifies that any decision that an airport should be subject to slot co-ordination should be taken following thorough capacity analysis and consultation with airport users, including air carriers, airport authorities, air traffic control authorities and passengers’ organisations. The airports in the UK currently designated as fully co-ordinated are Birmingham, London City, Gatwick, Heathrow, Luton, Manchester and Stansted. Bristol airport is partially co-ordinated for the summer season. The EU regulation also sets out that slots should be allocated in a neutral, non-discriminatory and transparent manner by an independent slot co-ordinator appointed by the relevant member state. Airport Coordination Ltd, the UK-appointed slot co-ordinator for UK airports, has performed that function for some time.”
“At congested airports where the demand for slots exceeds the available infrastructure, EU regulation 95/93 sets out the process for available slots to be allocated fairly and transparently. It sets out the conditions that must be met for the airport to be considered as having its schedules facilitated or subject to slot co-ordination. Factors that should be taken into account when designating an airport as slot co-ordinated include: “When air carriers representing more than a half of the operations at an airport…or the airport authority consider that capacity is insufficient for actual or planned operations…or…when new entrants encounter serious problems in securing slots”.”
“Although the Government strongly believe that leaving with a deal is the best outcome for the UK and the EU, it is our duty to make reasonable preparations for all scenarios, including by ensuring that there is a functioning statute book, irrespective of the outcome of the negotiations. The instrument is an important part of those preparations and ensures that there will continue to be a well-functioning legislative and regulatory regime for aviation, including for the allocation of slots at congested airports. “Airport slots” refer to an air service’s right to use a bundle of facilities at airports—for example, runways, stands and terminals—for landing or take off at particular dates and times.”
“I beg to move, That the Committee has considered the draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019. It is a great pleasure to serve under your chairmanship, Sir David. The draft instrument will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal in March. As with several other statutory instruments, it is a small and technical, but important, piece of legislation. As hon. Members are aware, the Government remain committed to leaving the EU with a deal that has been approved by Parliament. On 21 January, the Prime Minister set out her plans to deliver that deal.”
“I am afraid that I have not seen that briefing, so I cannot comment on it, but I invite her to send it to me if she would like.”
“Lady raised the matter of discussions. The Department and the Government have always been engaged, ready and willing to have discussions about the terms of an air services agreement. The concern has not been on our side; the concern has been about what position the EU wishes to take. I am sure that the hon. Lady will be reassured that many of the moves that have been made over the past few weeks have been positive ones, notably the declarations that there will be overflights over EU states, that there will be a 90-day period of visa-free access, and that security checks and other measures will not be replicated in the aftermath of Brexit. The hon. Lady asked a question about the briefing from the Airport Operators Association.”
“I am happy to respond to the concerns raised by the hon. Member for North Ayrshire and Arran. She has said that the instrument is a missed opportunity to support Scottish airports; unfortunately, that is a misreading of the secondary legislation. The only purpose to which the legislation can be put, under the European Union (Withdrawal) Act, is to transfer EU legislation—suitably corrected—into UK legislation. The question of whether to approve any future legislation that might affect those terms is a further decision for Parliament; all that can be done under this piece of law is to “lift and shift”, which is what this instrument does. In my remarks, I made it perfectly clear that nothing has been done through the instrument that could in any way affect the public service obligations from which Scotland benefits. The hon.”
“This is an important and small, but technical, piece of legislation that we need in order to continue to prepare for Brexit, and I commend it to the House. Question put.”
“If I may say so, those concerns are no more than the concerns we within the Government have expressed about the need for a deal, and that is what we are pressing for. As we have said repeatedly, we support a deal and are pressing for one. We invite the hon. Lady’s party to support a deal, which it has so far failed to do. The fact that the deal is being impeded in part by the votes of her own party casts her comments in an ironic light. However, that has not been the problem; the problem has been on the other side of the equation. The hon. Lady raised the issue of whether Scotland is being short-changed by this legislation. In fact, the exact opposite is true: the interests of Scots are being fully protected within the legislation, and we would expect them to remain so. I am happy to answer questions, as I have done so far.”
“As the EU regulation sets out that that should be done using a regulation, the draft instrument also sets out that any provisional or definitive redressive measures would be imposed by the Secretary of State through regulations. I want to make it clear that we do not expect to use those powers, but if we do, in order to allow parliamentary scrutiny and debate, any such regulations must follow the affirmative resolution process and be approved by both Houses of Parliament. We continue to work hard to achieve a positive future relationship with the EU and to ensure that the UK’s aviation framework in law remains operable in a no-deal scenario. I commend the regulations to the Committee.”
“Instead of applying where there are unfair pricing practices by non-community air carriers on certain routes to and from the EU, the retained regulation will apply where non-United Kingdom air carriers have engaged in unfair pricing practices on certain routes to or from the UK. Similar changes apply in relation to the subsidisation provisions in the retained EU regulation. The instrument also transfers functions currently carried out by EU institutions to appropriate bodies in the UK. The European Commission, for example, is currently tasked with carrying out investigations covering subsidisation and/or unfair pricing practices. The draft instrument transfers that function to the Civil Aviation Authority. Finally, the draft instrument transfers the function of imposing provisional or definitive redressive measures.”
“The substantive requirements for assessing whether there has been subsidisation, unfair pricing practices or injury to industry remain exactly the same. The changes made by the instrument are intended primarily to ensure that the scope of the retained EU regulation is correct once the UK has left the EU. Amendments made by the instrument include, for example, the substitution of references to “Community” with references to the “United Kingdom”. The draft instrument has a number of effects. The retained regulation applies where there has been injury to the UK aviation industry instead of the Community industry.”
“The level of the measures should be set so that they offset the benefit from which the non-Community carrier has benefited and should be less than the total amount of any subsidies. Any measures imposed to offset unfair pricing practices should not exceed the difference between the fares charged by the non-Community carrier and the fares offered by the Community carrier. Definitive measures should remain in force only for the length of time necessary to offset the subsidies or unfair pricing practices that are causing injury. The draft instrument makes only minor corrections to the retained EU Regulation (EC) 868/2004 to ensure that the regulation continues to be legally operable after exit day.”