With a focus on air transport, the UK will remain in common European airspace for the remainder of 2020 and will allow airlines on both sides to have reciprocal access to routes between the UK and the rest of the internal aviation market. In addition, it considers the UK within the European Union Aviation Safety Agency to ensure that existing safety rules are not interrupted. It has always been difficult, if not impossible, to finalise the terms of the UK`s exit from the EU and the terms of the future trading relationship between the UK and the EU during the two-year Article 50 period. In addition, the EU is not legally in a position to sign a free trade agreement or any other agreement establishing a future partnership with the UK until the UK is no longer a member of the EU. In her speech in Florence, the British Prime Minister acknowledged the need for an “implementation period” of up to two years to “continue access to each other`s markets under current conditions,” so that “people, businesses and public services need to plan for only a number of changes in the relationship between the UK and the EU.” Airlines and passengers (as well as ground accommodation and transportation service providers) can take comfort in the fact that traffic rights or safety rules will not change until at least the end of 2020. Moreover, although no new agreement has been reached between the UK and the EU, the prospect of a sudden interruption of flight schedules in 2021 has all but disappeared. The definition of future relations between the EU and the UK in the area of air transport is within the competence of the UK Government in its negotiations with the EU. However, there is no guarantee that international aviation regulators will accept CAA`s regulatory standards, particularly if they choose to deviate from current EESA rules. This could completely cut British airlines off flights to certain countries. In this scenario, the transposition of EU aviation legislation into UK legislation will require the CAA to assume new functions, some of which are currently made available by EESA. The CAA has implemented plans to perform these functions if necessary after the end of the transition period.

For example, the CAA has created the capacity that the United Kingdom needs to assume responsibility for the state of planning, independently of EAS, if necessary. The alternative option for the UK is to put in place its own complex aviation safety regulatory framework.

Tuesday, April 13th, 2021

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