Aviation & Brexit 65

5 weeks and a few days to the end date that was put into legislation for the UK to leave the European Union (EU).  Both Saint David’s and Saint Patrick’s Day fall before the scheduled exit day.  There’s still a small chance that the departure could be called off but, just now, the bookmakers are increasing the odds in favour of a tragic “No Deal” outcome to Brexit.

In every respect negotiation between the 27 EU Member States have gone well.  What’s not going well is when they sit across the table facing the UK.  It’s not at all clear what the UK Government’s policy is this week.  Voices off from Ministers point in several directions at the same time.  On Tuesday, the UK’s Business Secretary[1] told manufacturing leaders that leaving the EU without an agreement would be a “disaster” for the UK and said he recognised the need for clarity “as soon as possible”.   Vagueness at such a late hour doesn’t look good from any direction[2].

Maintaining a position as a world player in the aerospace industry requires substantial investments in research.  During its membership, the UK has been a prominent beneficiary of the EU’s Horizon 2020 programme.  Now, the EU is planning its biggest research and innovation funding programme ever, with a budget of €97.6 billion.  This will be called Horizon Europe.  It will run from 2021-2027.

Trying to match the efforts of the UK’s neighbours might be the ambition of some UK politicians but their current performance doesn’t offer much hope.  Funds will no doubt be tight after any post-Brexit downturn.

The aviation ties between neighbours are the most important.  Over 75% of all UK holidaymakers and 66% of business travellers go to the EU each year.  63% of all tourists and 73% of all business travellers visiting the UK come from EU Member States[3].  Putting barriers in the way of this movement of people just makes both communities poorer.

[1] https://www.politicshome.com/news/uk/foreign-affairs/brexit/news/101966/greg-clark-says-business-no-deal-fears-are-‘project

[2] https://twitter.com/CBItweets/status/1097903644970672131?s=20

[3] https://www.ig.com/uk/news-and-trade-ideas/shares-news/how-will-brexit-impact-airlines-and-the-wider-aviation-industry–180316#information-banner-dismiss

 

Blue No More

IMG_6349 (2)Today, as a traveller you don’t need to pay excise duty or tax on goods you bring in from the European Union (EU) if you: transport them yourself, will use them yourself or give them away as a gift and have paid duty and tax in the Country where they were purchased.   When arriving home from a trip abroad, we are all accustomed to the “blue” channel at UK airports.  You can bring any reasonable amount of alcohol or tobacco from the EU back to the UK, provide the local duties and taxes have been paid and that they are for personal consumption and not for resale.

That said, the rules governing customs are typically EU law and they are now directly applicable in the UK.  Since the UK intends to leave the European single market and customs union this may get complicated and means that UK law must be changed.

If the outcome of Brexit is “No Deal”, and the UK crashes out of the EU on 29 March 2019 without any agreement in place, it becomes a “Third Country”.   Thus, at a stroke, EU customs laws would no longer apply in the UK and duty between the two markets could be automatically returned.

So, the duty-free allowances are likely to change post-Brexit.  In other words, the allowances may become the same for those returning from either the EU or outside the EU.  This means losing the current more generous conditions, as quoted above.  After Brexit, returning from an EU Country may the same as returning from a non-EU Country like the USA, UAE, Australia, India or Japan.

The days of the “booze cruise” where people go over to France or Belgium and stock-up with a car load drinks for personal consumption may come to an end.  HMRC publishes information for arrivals from outside the EU[1].  That information will no doubt be updated within the next 50 days.

[1] https://www.gov.uk/duty-free-goods/arrivals-from-outside-the-eu

 

Brexit & Aviation 62

This week the focus has been on Northern Ireland (NI).  It may not be well known by everyone, but NI has a considerable Aerospace sector.  It’s continued success is vital to NI[1].  Aerospace contributes to over a £1bn a year to the NI economy.   It’s a deep-rooted industrial sector too.  I remember visiting Shorts Brothers of Belfast in the 1990s.  Today, Bombardier has a large workforce in NI[2].  From design to manufacture to support work, Bombardier Belfast specialises in major aircraft structures and flight control surfaces in metal and composites.  If the issues concerning Ireland become insoluble then the resulting EU-UK No Deal outcome of negotiations will damage NI and the rest of the UK.

In the UK, there are devolved administrations in Scotland, Wales and NI.  Exiting EU law applies equally across the UK but there’s concern that fragmentation could occur after EU exit.  There are efforts to ensure a common framework, but these don’t yet address aerospace or aviation with respect to UK law.   On leaving the EU single market the UK internal market needs to maintain a level playing field whist recognising devolved powers.

Brexit remains the top immediate risk to the growth of aviation in Europe[3].  Passenger traffic growth across European airports has been relatively high in recent years.  The UK leaving the EU with No Deal could lead to cap on flights and higher prices for customers.   There remains legal and commercial uncertainty for airlines on post-Brexit air travel[4].

At a time when there should be renewed intensity and seriousness to discussions and negotiations, we see the opposite from a succession of UK Members of Parliament.   Attempts to polarise and heighten tension are coming from those who foolishly wish to bring about a No Deal outcome.

Aviation cannot wait for the UK to strike an 11th-hour Brexit deal, so measures are being taken now.  With 50 days to run, time is tight.  Travellers planning business trips and family holidays after 29 March 2019 should do so with some caution.  Checking terms and conditions in detail would be a wise move.

[1] https://www.adsgroup.org.uk/about/ads-offices/northern-ireland/

[2] https://uk.bombardier.com/en/about-us/bombardier-in-country/sites/site.aerospace-belfast.html

[3] ACI Europe director general Olivier Jankovec said: “With less than 60 days left before the UK exits the EU, Brexit remains the top immediate risk.

[4] https://www.iata.org/pressroom/pr/Pages/2019-01-15-01.aspx#__prclt=QqEx89ur

 

Brexit & Aviation 60

Delay is the order of the day.  Now, there’s only 56 days remaining on the Brexit clock.  859 days since this all started with a June day.  One silver lining to the current dark Brexit cloud is that the UK Parliament is saying it won’t support a No-Deal Brexit.  However, there’s nothing to relieve the uncertainty hanging over the whole UK because even this expression of view is being ignored by the UK Government.  The UK Government says it will now redouble its efforts to get a deal.  Let’s hope redoubling is enough or surely it would be wiser to drop the whole project.

EU Council President Tusk, through his spokesman repeated that the Withdrawal Agreement on the table could not be renegotiated.   Next, the 9th February will see Prime Minister May’s 3rd attempt at a version of a Brexit deal supported by the UK Parliament.  Will it be 3 strikes and you are out?

In the latest information to UK citizens travelling to EU Member States every aspect of the advice is a degradation of exiting conditions.  Travelling post-Brexit, there’s only a downside for both passengers and airlines[1].

If No-Deal comes about there’s some highly optimistic commentators who believe that a “side agreement” between the EU and UK could cover some of the purely administrative content of the existing Withdrawal Agreement.  That said, even with this practical suggestion absolutely nothing is assured.

In the aviation regulatory world, it’s reported that the UK Civil Aviation Authority (CAA) is in the process of rebuilding itself after scalling back following the creation of EASA in September 2003.  The UK CAA has said it wants to stay within the EASA system after the UK exits the EU.  However, this possibility is looking unlikly for all the political reasons that are piling up every day.  The UK’s exit from the EU will have a severe impact on the UK aviation industry.

In civil aviation, large organisations have an Emergency Response Plan (ERP).   International standards recommend planning.  It’s normal, once a plan is in place to conduct an exercise to ensure that everyone has a clear understanding of its process and it stands up to rigorous testing.   I’ve been part of several such exercises in Europe.  My experience is that even with the most elegant plan, carefully prepared, the real-life impact of using it is often incredibly revealing.  Situations are constantly evolving, and all parties must move rapidly in order to anticipate risks and adapt accordingly.  Often communication and behaviours turn out differently than expected.

Yes, on both sides preparations are being made for the worst case No-Deal scenario, but they will all be untested.  If more than one crisis occurs at any one time more than double the effort is needed to resolve the situation.   The implementation of any such No Deal plan will not be a matter for one organisation but a continent of 500 million people.   If anyone thinks that will go smoothly, I just have to say that they have no experience of the real world.

[1] https://www.aerosociety.com/news/no-deal-no-flights/

Brexit & Aviation 52

Brexit continues to be a damaging process that is divisive for the Nation and the Government.  There’s now under 100 days left until the Brexit countdown runs out on 29th March 2019.

Edits and additions to the UK Government’s technical notices, to say to us all that a Brexit ‘No Deal’ is no longer an ‘unlikely’ outcome do little to reassure.  Now, the European Commission (EC) has adopted measures that will avoid full interruption of air traffic between the EU and the UK in the event of No Deal.  These measures are subject to the UK conferring equivalent rights to EU air carriers, as well as the UK ensuring fair competition.  Proposal for a “No Deal” Regulation[1] cover one year long temporary provision of basic air services between the UK and the EU.   UK airlines would no longer be allowed to land and transit in the EU[2].  The freedoms of the air are described in the ICAO Manual on the Regulation of International Air Transport (Doc 9626, Part 4).

Now that we have a Withdrawal Agreement (WA) on the table, British MPs need to give it their full consideration over the Christmas holidays.  However, the indications remain that the WA will not be supported in the UK Parliment.  Thus, we (UK) keep putting off the time when we can move on and look beyond, to future opportunities.

A safety net that gives only ‘basic connectivity’ is not a deal and it’s an enormous degrading of current citizens’ rights.  Life as a “third country” will mean that many of the benefits we take for granted will go overnight.

Lots of costly duplication will start to creep into aviation activities.  Now, the UK CAA has opened advanced applications for UK organisations wishing to seek a UK Design Organisation Approval (DOA) as part of their contingency planning.

Let’s be clear; a “No Deal” outcome, accidental or otherwise, is as a result of a choice.  A choice made by a Prime Minister and a minority of Conservative politicians.

There’s a different choice possible.  We do not have to give up the significant advantages of EU membership.  That would maintain Britain’s good jobs and earning power, but it takes a change of view.  It takes action in Parliament.

[1] http://europa.eu/rapid/press-release_IP-18-6851_en.htm

[2] https://blueswandaily.com/will-brexit-bite-for-airlines-brussels-no-deal-contingency-provides-safety-net-but-doesnt-rule-out-future-widespread-aviation-travel-and-trade-disruption/

Brexit and Aviation 45

Ah the persistent and unpredictable ups and downs of Brexit.  One political lesson to be learned from this dreadful mess is that a powerful slogan pitched at an opportune moment on fertile ground can have a big impact.  “Take back control” means a hundred and one things to millions of people nevertheless those three words resonated on 23rd June 2016.  In Europe, we have spent 40 years taking down barriers.  This move has dramatically increased opportunity and prosperity for the majority but created an insecurity amongst some groups.  Control to them ment putting barriers back up.

In aviation, we recently celebrated 25 years of European liberalisation.  It’s only because of open markets that we now have one billion passengers flying.  We have high growth in a mature market which is globally unusual.  If we return to nationalism dominating ownership and control of organisations it’s inevitable prices will rise, and growth will be impaired.  Protectionism is a false God.

There’s no doubt that Europe has major infrastructure challenges.  The capacity and quality of our transport systems is inadequate.  In European aviation there’s strong common interests.  Lines on the map may work on the ground but in the air the current arrangements make little sense.  To solve these problems closer ties are needed not looser ones.  Closer ties are needed if we are to continue to prosper from international tourism.  In 2017, Europe remained the top visited region with more than 671 million tourist arrivals.

Close cooperation in safety and security essential.  Facing these critical challenges alone is not viable.  The only way to take control and have a real influence on the future is to cooperate.  One of the elements of European cooperation that is assumed to continue regardless of Brexit is the European Union’s Single European Sky (SES) programme.  Functional Airspace Blocks (FABs)[1] are a key tool of the EU’s SES programme, aiming to help reduce the fragmentation of air navigation services.  The UK/Ireland FAB aims to contribute to meeting key performance targets on safety, cost efficiency, capacity/delay and the environment.  Surely that stays?

The noisy voices that say the UK Government should sever all ties with the EU maybe don’t realise how that suggestion is extremely foolish.  Let’s hope the instability caused but the Brexit will be viewed in 25 years’ time as a temporary phenomenon.

[1] https://www.ukirelandfab.eu/about/

 

Brexit and Aviation 42

The roller-coaster that is Brexit continues to roll.  One day positive news and the next negative.  This week, British MPs were told that a Brexit deal would be done by the end of November.  A few hours later the Minister’s department was forced to correct the record and say there was no set end date for UK-EU negotiations.  With less than 150 days to go to the Article 50 end date, it’s like an aircraft on approach without any idea if there’s a runway ahead.  Government would do well to remember the rule about flying – Every take-off is optional. Every landing is mandatory.

There are several rules of the air that could apply to the current situation:

Flying isn’t dangerous. Crashing is what’s dangerous.

Never let an aircraft take you somewhere your brain didn’t get to five minutes earlier.

Remember, gravity is not just a good idea. It’s the law. And it’s not subject to repeal.

I’ve written often this year.  Now, 42 there’s a number to get to grips with as we reach November.  If you are not familiar with THHGTTG then you have missed out big-time.  Author Douglas Adams made that number the answer to the meaning of life, the universe, and everything.  Nothing I write here can ever match that answer.

Of note in the recent news is the European Parliament vote confirming relocation of European Medicines Agency and European Banking Authority after Brexit.  UK loses out on influence as these two Agencies move to ensure minimal disruption to the EU’s Single Market beyond March 2019.

Views of the foreign Press don’t make nice reading.  The German media have had quite a bit to say about how Brexit will affect everyone[1].  In Canada, they see the UK as being gripped by a self-destructive madness[2].  In the US, CNN says; Brexit is like a screaming child[3].  It’s clear that Brexit news won’t be slowing down any time soon.

The Treaty of European Union, known as The Maastricht Treaty, came into effect on 1 November 1993.  Today is the 25th anniversary of the Maastricht Treaty.  It was signed by Ministers from the then 12 Member States.  This Treaty is the one that avid Brexit supporters dislike so much.  I remember the political climate that year as being one of change and turmoil.  Change to the extent that I was elected as a County Councillor in Surrey along with 28 colleagues.

One innovation the Treaty brought to flying was that airport queues, solely for UK travellers were abolished in 1997.   The Treaty introduced free movement for EU citizens.  Now, the intention seems to be to dismantle that innovation, at least for British subjects.  Maybe that’s one reason the Chancellor put and extra £500 million in the budget for preparations for leaving the EU.

[1] https://www.bbc.co.uk/news/av/world-europe-45564684/brexit-what-does-germany-s-media-think

 

[2] https://www.theglobeandmail.com/business/commentary/article-a-self-destructive-madness-grips-the-uk-as-a-no-deal-brexit-looms/

 

[3] https://edition.cnn.com/2018/09/14/opinions/brexit-is-a-screaming-child-opinion-intl/index.html

 

Brexit and Aviation 38

Today’s batch of posted Government notices have a weakness that is too obvious to mention.  Piecemeal publications addressing what seem like random subjects on decidedly technical issues are great for the administrators and lawyers of service providers.   However, there’s no easy to understand information for the general public.   It’s good to know what the implications of “No Deal” are for package holidays[1] but little of what is provided will help the average British shopper.  If someone buys a holiday packages from an EU based travel company, they may or may not be protected depending upon whether that company has a UK business.  Try explaining that to someone scanning the INTERNET and comparing travel deals.  Yes, the fine print always matters but if you think you’re dealing with a reputable travel company and the price is right, a Government technical notice may not be high on your mind even if you know it exists.  The national media are making their own reading of the notices and that paints a gloomy picture for spring next year in the UK.  Here’s the view from ITV.

So, my advice is; have a good winter break and don’t book anything for April 2019.  It would be as well to look at the individual airline and travel company too.  Some will be better prepared than others.  Some will have special terms and conditions to cope with potential problems.  Some will still be pretending the change is minor or will go away.

Another of the big Brexit issues that isn’t given much attention is the coincidence of risks.  What I mean by this is that; normal emergency planning is focused on one major event.  A hurricane, a banking crisis, a plane crash are all examples of catastrophes where a Government should have an emergency plan.

The problem with Brexit at 00:00 on 29 March 2019 is that everything will happen at once.  I’m not saying the weather will change, although who knows? but each sector will go through a significant transition at the same time.  Even within each sector, like Aviation, every part of it will have to transition in one moment.  Some parts will be impacted, and others will not.

Trying to anticipate all the combinations and permutations of interdependencies and interconnections that will be impacted is a daunting task.  Because of the limited time and the sheer complexity of the task even a good analysis will miss important connections.

On the political front all we hear is – it’ll be alright on the night.  It may be comforting to think that a smooth and orderly Brexit is possible in ALL scenarios.  However, you would be foolish to be taken in by such an assurance.   Unprecedented disruption is likely in a real “No Deal”.

I’ve got a couple of events in the calendar where Brexit will be a topic.  One is a conference in London called: Negotiating Brexit:  Where Now? Conference[2].

The other is a “Regulatory Changes and Challenges” panel session at MRO Europe[3], taking place in Amsterdam between 16-18 October.

[1] https://www.gov.uk/government/publications/consumer-rights-if-theres-no-brexit-deal–2/consumer-rights-if-theres-no-brexit-deal

 

[2] https://www.eventbrite.co.uk/e/negotiating-brexit-where-now-tickets-50182431002

 

[3] https://mroeurope.aviationweek.com/eu18/Public/Enter.aspx