101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 18 Transport: Aviation: Flights to and from the UK Purpose The purpose of this notice is to inform air passengers, the aviation industry and the public of the actions we are taking to prepare for the unlikely scenario that the UK leaves the EU in March 2019 with no deal. Preparing for EU exit is not just a matter for the government, so this notice also suggests actions that the industry and its customers should consider. Before 29 March 2019 Air services between the UK and other countries are currently governed by a variety of UK and EU legislation, as well as international agreements such as the 1944 Chicago Convention. Air services between two countries are based on a permission to operate granted by the respective national authorities. These can be issued on a case by case basis for individual flights, but for most scheduled flights the basis for issuing such permissions is set out in a bilateral or multilateral air service agreement (ASA) between states. These agreements provide airlines with the conditions under which they will be permitted to operate scheduled international air services. Flights to, from and within the EU As an EU country, the UK is part of the internal market for air services. This means that any airline licensed by an EU country, and therefore adhering to common regulations, is entitled to operate any route within the EU without the advance permission of individual national authorities. These entitlements also extend to Iceland, Liechtenstein and Norway through their membership of the European Economic Area (EEA). The rights for airlines to operate air services over EU or UK territory are established by a longstanding worldwide treaty, the International Air Services Transit Agreement, to which the UK and almost all EU countries are signatories. This agreement also establishes the right to land for ‘non-traffic’ purposes such as refuelling or maintenance. Flights to and from the rest of the world The UK has independently negotiated 111 bilateral ASAs with countries all over world, including China, India and Brazil. There are a further 17 non-EU countries with which air services to the UK are provided for by virtue of our EU membership. These are Albania, Bosnia Herzegovina, Canada, Georgia, Iceland, Israel, Jordan, Kosovo, Liechtenstein, Macedonia, Moldova, Montenegro, Morocco, Norway, Serbia, Switzerland and the United States. After March 2019 if there’s no deal If the UK leaves the EU in March 2019 with no agreement in place, UK and EU licensed airlines would lose the automatic right to operate air services between the UK and the EU without seeking advance permission. This would mean that airlines operating between the UK and the EU would need to seek individual permissions to operate. EU- licensed airlines would lose the ability to operate wholly within the UK (for example from Heathrow to Edinburgh) and UK-licensed airlines would lose the ability to operate intra-EU air services (for example from Milan to Paris). Flights to and from the EU If there is ‘no deal’ with the EU, airlines wishing to operate flights between the UK and the EU would have to seek individual permissions to operate from the respective states (be that the UK or an EU country). In this scenario the UK would envisage granting permission to EU airlines to continue to operate. We would expect EU countries to reciprocate in turn. It would not be in the interest of any EU country or the UK to restrict the choice of destinations that could be served, though, if such permissions are not granted, there could be disruption to some flights. In order to ensure permissions were granted and flights continued, the UK’s preference would be to agree a basic arrangement or understanding on a multilateral basis between the UK and the EU. Alternatively, bilateral arrangements between the UK and an individual EU country could be put in place, specifying the conditions under which air services would be permitted. By definition any such agreement would be reciprocal in nature . The European Commission has previously acknowledged t hat a ‘bare bones’ agreement on air services would be desirable in the event of the UK leaving with ‘no deal’. In the scenario where a provisional deal is agreed for air services, airlines will continue to be required to apply for the following associated permissions.