Air Services Authorisiation

The UK is part of the single EU internal market for air services an airlines licensing. EU / EEA  states following the common EU rules may operate routes anywhere in the EU without permission of the host country national authorities. There is an international treaty the International Air Services Transit Agreement to which the UK and most other EU states are a signatory. The UK has bilateral air service agreements with 111 countries.

Technically after a hard Brexit, UK licence airlines would lose the right to operate air services between the UK and EU without advance permission from the relevant authority. Equally EU licence airlines not be entitled to operate within the UK.It is thought likely that multilateral or bilateral agreements will be put in place between the UK and EU even in the event of a hard Brexit. However, the position cannot be guaranteed.

In order to operate in the UK, EU carriers will need a foreign carrier permit. They will require UK safety authorisation from the UK Civil Aviation Authority as a third country operator.

An operating licence is required to undertake commercial services. After Brexit, the common EU based regulation would not apply, and EU carriers would need to apply to the UK Civil Aviation Authority. Traditionally states restricted foreign ownership. EU airlines must be majority-owned and effectively controlled by EU nationals to qualify for an operating licence .

The UK has indicated that slot allocation regulation at EU level would be retained in a transparent and non-discriminatory way post-withdrawal.

Security and Safety Standards

International safety standards are set by the ICAO under the Chicago Convention worldwide treaty arrangements. The UK would remain a member of Eurocontrol which is an international organisation of 41 countries which coordinate cooperation in air traffic management. The UK’s air navigation service provider (METS) will continue to provide services to aircraft operating in airspace it licences. It will continue to work collaboratively with other air navigation services through Eurocontrol.

The current aviation’s security standards are based on common EU regulations. It is proposed to retain them under the withdrawal act.The existing security arrangements in respect of cargo requires carriers to hold a designation granted by an EU state. Carriers must meet certain security standards for the last point of departure from a third country into the EU.

It seems  likely that UK security standards would be recognised by the EU on a mutual and reciprocal basis. If the EU did not recognise UK safety standards this would have considerable immediate implications in terms of cargo supply chains et cetera

Certificates

In the absence of agreement otherwise, aircraft operators established in the United Kingdom will be deemed third party operators under the EU regulation on aviation. Aircraft registered in the UK will have third country status. Accordingly, they must comply with the basic regulation and implementing rules in relation to the use of third-country registered aircraft. They must show safety standards equivalent those under EU law

The European Aviation Safety Agency is responsible for civil aviation safety. It is in the EU body responsible for common harmonised aviation safety rules. National authorities including the UK Civil Aviation Authority  issue the relevant safety approvals and licenses.The EASA works largely on the basis of mutual approval and facilitates mutual recognition.

The European Aviation Safety Agency carries out functions in relation to type approval certificates for various aircraft parts appliances and equipment. Certificates issued by standards certifiers established in the United Kingdom will no longer be valid in the EU in the event of a hard Brexit without agreement.

Certification

In the absence of agreement otherwise, aircraft operators established in the United Kingdom will be deemed third party operators under the EU regulation on aviation. Aircraft registered in the UK will have third country status. Accordingly, they must comply with the basic regulation and implementing rules in relation to the use of third-country registered aircraft. They must show safety standards equivalent those under EU law

Aviation safety controls include certification at many levels including aircraft personnel pilots engineers cabin crew air-traffic controllers and others. Existing licences will continue to apply in most cases. Some licenses and certification may expire after a period

Certificate issued before Brexit by competent authorities in the UK under the common EU regulation and rules may not be valid in particular as regards

  • certificates of airworthiness,
  • permits to fly
  • approvals for manufacturers, maintenance, training
  • pilots licences and many other ancillary licenses and certifications in air transport
  • certificate of air operators and attestations for cabin crew
  • certificates for aerodromes various providers service providers including certification of air-traffic controllers various training organisations

UK Will Replicate Laws

The existing EU safety and security laws will be re-enacted in UK law. The aviation security measures required will be the same as those in other EU states, and it is likely that UK  security and safety standards will continue to be recognised. The UK has indicated it will not put any barriers in place to international trade and anticipates even in a hard bread scenario, that the appropriate designations will continue to be granted to UK operators on a reciprocal basis

In the event of a no deal Brexit, these standards and technical rules would be retained and applied in UK domestic law. The Civil Aviation Authority would perform the functions now performed by EASA. In strict terms, automatic mutual recognition of aviation safety certificates under the EASA system may cease to apply to the UK. It may reasonably be expected that some element of ongoing mutual recognition would apply given the objective equivalence.

After Brexit, the Civil Aviation Authority will resume responsibility for certification of aircraft design and aircraft production safety certificates and approvals. It appears that certificate approvals in the sector issued by the EA SA competent authority before Brexit will continue to apply for a transitional period. The EU and UK have taken different views as to the continuity of some certificates.

Contact McMahon Legal 

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