Information from the CAA: info.caa.co.uk/euexit/
The UK Government has been clear that as the UK exits the EU, its aim is to ensure continued transport connectivity in support of successful economic and social ties, and as part of a deep and special future relationship.
The Government continues to pursue an agreed Brexit by 31 October but has clearly stated that the UK will leave the EU without one on 31 October if that is not achievable.
Determining the future relationship between the EU and the UK on aviation is a matter for the UK Government in its negotiations with the EU.
This page sets out the work that the CAA is undertaking in relation to EU withdrawal, including our readiness for a potential non-negotiated withdrawal from the EU in October 2019.
As a responsible regulator, the CAA is undertaking the following activities in preparation for Brexit.
Supporting the Government in the Brexit process and preparations:
Implementing contingency plans for the regulation of aviation in the event of a non-negotiated withdrawal from the EU in October 2019.
As the UK's aviation regulator, the CAA provides ongoing advice to the Government on request on technical aviation matters for support during the negotiations.
The EU (Withdrawal) Act 2018 will convert, if required, existing EU law into UK law, and preserve existing UK laws which implement EU obligations, ensuring a smooth and orderly exit.
The DfT has developed associated secondary legislation to ensure a functioning statute book, with CAA's legal and policy support.
The UK and EU have agreed that, during the Implementation Period, the UK is to be treated as a Member State for the purposes of international agreements for the duration of the implementation period. This includes the EU-level Bilateral Air Safety Agreements with the US, Canada and Brazil.
The DfT and CAA have worked with their counterpart national aviation authorities to put in place equivalent agreements for when they are needed.
The CAA has been clear since the EU referendum that we consider that the most positive outcome for UK consumers and the aviation industry would be one where the UK has continued participation within the EASA system and for existing systems of mutual recognition between the UK and EASA Member States to remain.
The Government has also said it is keen to explore the terms of EASA participation as part of its negotiation with the EU.
Despite this, our contingency planning is based on a scenario in which the UK Government and CAA take all reasonable steps within their control to reduce disruption to the aviation industry, but the EU does not agree to a mutual recognition arrangement.
The CAA has developed a microsite to be a central source of information for the aviation and aerospace industries about the actions they would need to take to be prepared for a no deal withdrawal from the EU and no continued mutual recognition.
To help organisations with their own planning for Brexit, we have listed the assumptions that we used to develop our approach for a potential non-negotiated withdrawal from the EU. These assumptions are not representative of the CAA’s view of the most likely, or desirable, outcome of negotiations and do not reflect Government policy, but have allowed us as a responsible regulator to prepare for all possible scenarios. In a non-negotiated outcome in October 2019, we have assumed that:
Under a non-negotiated withdrawal scenario, a number of regulatory processes will need to exist within the UK system so that we are able to continue to regulate the UK aviation industry. This means that we have been adjusting existing systems so that they can continue to work in exactly the same way as now – but with the UK Government and the CAA fulfilling regulatory functions independently of the EU.
Within this scenario, translating EU aviation law into UK law will require the CAA to take on new functions, some of which are currently delivered by EASA. The CAA has implemented plans to fulfil these functions should they be needed following the UK’s departure from the EU. As an example, the CAA has created the capability required for the UK to fulfil State of Design responsibilities independently of EASA should that be needed once the UK leaves the EU.
The CAA has no direct role in the negotiation of air transport agreements, which govern the rights to fly between two countries. These are formal treaties and are negotiated directly between governments.
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