Aviation legal practice The Air Law Firm has released guidance for those who own UK-operated aircraft, UK-licensed pilots and UK-approved maintenance, design and manufacturing in the event of a no-deal Brexit.
With Brexit scheduled to take place at the end of March, there has still been no agreement within the UK government on the terms of leaving the EU. The Air Law Firm has detailed what they believe will take place:
1. The UK will leave EASA on March 29, 2019;
2. UK AOC holders will become third country operators (TCO) with no freedom rights on charter point to point in Europe. This is an approval process and is not currently automatic. Approval to become a TCO should be sought now;
3. UK pilots can continue to fly UK-registered aircraft commercially within the UK and outside of Europe but cannot fly EASA-registered aircraft unless their licences have been validated by another member state that is remaining EASA. This must happen before March 29, 2019, as there is currently no mutual recognition agreement between the EU and the UK for aviation licenses, approvals and certificates;
4. UK-issued EASA licences and approvals for maintenance, manufacture, design and so on will no longer be recognized in the EU post-EU exit unless validated by another EASA state;
5. The UK will leave the customs union meaning that UK/Isle of Man imported aircraft may need to be re-imported into Europe and may also need to be imported into the UK, depending on ownership, use and operation; and
6. The UK have stated they would recognize EASA certificates, approvals and licences for use in the UK aviation system and on UK-registered aircraft at least for a period of two years following withdrawal but there is no reciprocity yet agreed with the EU. The EU has stated publicly it will not do so.
