European No Deal Plans for Aviation

Today, as part of a package of regulations regarding Brexit contingency planning, the European Commission has adopted two temporary regulations on aviation to ensure a degree of stability in the event of a No Deal Brexit outcome.

These are in two parts:

Air services

  • This will allow certain air services between the UK and EU27 to continue for a period of 12 months. UK air carriers will be able to fly across EU territory without landing, make stops in the EU for non-traffic purposes, and perform scheduled and non-scheduled international passenger and cargo air transport services. This will allow ‘point-to-point’ flights between the UK and EU, but not for UK carriers to conduct flights between EU27 countries (only the 3rd and 4th freedoms of the air).

Aviation safety:

  • To extend temporarily for 9 months the validity of certain certificates, particularly type certificates, to address the specific situation in the aviation safety sector where EASA only issue certain certificates on the basis of a licence issued in a third country, while the United Kingdom can only issue licences as of the withdrawal date, when it has regained the status of “State of Design”.
  • This will ensure that parts and appliances for which a certificate of conformity was issued by a UK company before the withdrawal date can still be used in and on aircraft, although the company that issued the certificate is no longer entitled to issue new certificates.

This follows the decision announced in the EU’s Contingency Action Plan announced on 13 November, on unilateral measures for damage limitation in the event of No Deal. In addition, the European Council on 13 December called on preparedness for the consequences of UK withdrawal from the EU to be intensified at all levels and for all possible outcomes.

Road Haulage:

  • In addition, the Commission has proposed to allow access by UK licenced haulage operators for 9 months to carry goods by road between UK territory and that of the EU27. This is in order to ensure basis connectivity, as otherwise haulage be restricted by an international system of limited quotas.

The measures are contingent on the UK reciprocating, which the Government has already indicated its desire to do, as in the continued recognition of EU approved aviation certificates for a period of two years.