Ensuring safe flying after Brexit: European Council agrees its position

The EU is taking the steps which are needed to continue to ensure a high level of aviation safety in its airspace the event that the UK leaves the EU without a negotiated agreement. Last Friday, 1 February, the Council’s Permanent Representatives Committee approved a mandate for the presidency to start talks with the European Parliament on a proposal to ensure continued validity of certain aviation safety certificates.

The new provisions concern natural and legal persons with their principal place of business in the UK and certain situations regarding training modules.

EASA

The European Union Aviation Safety Agency (EASA) is responsible for the issuance of type certificates and organisation approvals in the EU. After its withdrawal, the UK will resume these tasks under its obligations as ‘State of design’ under the Chicago Convention on International Civil Aviation.

The mandate sets up a temporary mechanism to extend the validity of certificates for certain aeronautical products, parts and appliances, in order to allow the operators concerned and EASA sufficient time so that EASA can continue to issue the necessary certificates under article 68 of the regulation on common rules in the field of civil aviation, taking account of the UK’s status as a third country.

A matter of urgency

The draft regulation is to enter into force as a matter of urgency. It will be applicable the day after the EU treaties cease to apply to and in the UK unless a withdrawal agreement concluded with the UK has entered into force by that date. However, in order to allow for the necessary administrative procedures to be carried out as early as possible, certain provisions will apply from the regulation’s entry into force.

The final text will need to be approved by the Council and the European Parliament. Click here for further information about Brexit.