Brexit & Aviation 61

Since there’s little, or no good news but there is news, it’s difficult to know where to start. Forecasting is a fragile art currently. We may be able to say that the UK will face a wet and windy week ahead, but we can say little about which political eb or flow that will dominate. Thus, I’ll stick to what is known.

For one, in an aim to head off a meltdown, simplified customs processes for UK businesses trading with the EU, if the UK leaves the EU without a deal have been published. Manufacturing, those with a just-in-time supply chain will be relieved to see goods waved through customs with a paper trail following behind. Aircraft and parts may be allowed in to the UK at a reduced or zero rate of duty.

As the UK leaves the EU and becomes a “third country” it will cease to be part of the fully-liberalised EU aviation market. To stay legal, knowing which jurisdiction is applicable in aviation regulatory matters is essential[1]. For this having a good understanding of the rules of ownership pertaining in the UK and the EU is a must.

For a month now, EASA has accepted early applications from UK AOC holders for Third Country Operator (TCO) authorisations. This includes the need to produce a copy of Certificate of Incorporation/Business Registration.

For civil aircraft, it’s a matter of registration and that may not need to change. There’s no single EU aircraft registry because the EU is not a “State” in respect of ICAO Annexes. Each EU aircraft is registered in an EU Member State aircraft registry. There may be implications on where an aircraft maybe kept if that is to be for a considerable period.

For organisations, the rules can be complex and dependent upon the structure of an organisation. The authorities have issued guidance on this subject. Where doubts have arisen, European and UK courts have been asked to rule on this subject in the past. This I raised as a challenge for several large aircraft operators in my Blog 22 and 46.

For the licensing for pilots and engineers, the EU does not issue licences. In every EU Member State, the national aviation authority issues licences, to standards set down by EASA. Again, much has been said about the need for some form of recognition between EU and UK if Brexit finally happens.

54 full days remaining and there’s a mixture of options and possibilities on the table without the certainty that surely would be wise. The burden falls on each and every individual and organisation to make a prediction and take measure to ensure that they can continue to operate.

If there’s a Withdrawal Agreement there’s a degree of certainty. If there’s No Deal, then several temporary arrangements may not stop a calamitous impact on aviation in Europe[2].

[1] https://info.caa.co.uk/euexit/

[2] https://www.aerosociety.com/news/airbus-chief-warns-of-unbearable-uncertainty-of-no-deal-brexit/?dm_i=4OGU,H72Z,2ZCDRI,1Z8EL,1