101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 3 Transport: Aviation: Safety 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 without an agreement. 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 As an inherently international business, the safety of aviation is coordinated at a global level through the International Civil Aviation Organisation (ICAO), a specialised agency of the United Nations established by the 1944 Chicago Convention. Annexes to that treaty establish worldwide standards and recommended practices for aviation safety. Individual states make their own specific aviation safety legislation in the context of the Chicago Convention and its annexes. There is a global trend towards harmonisation, both through the ICAO and on a bilateral basis through bilateral aviation safety agreements. These agreements provide a mechanism for 2 or more states to make provision for the recognition of each other’s aviation safety regimes, and to work together to improve aviation safety regulation. The European Aviation Safety Agency (EASA) is the European Union Agency responsible for civil aviation safety. As an EU member state, the UK is currently part of the EASA system, which means that we have a common set of harmonised aviation safety rules. This allows national authorities (in the UK this is the Civil Aviation Authority (CAA)) to issue relevant safety approvals and licences (hereafter referred to as certificates), such as pilots’ licences, that are automatically recognised as valid in respect of aircraft registered in other EU countries. This means that in addition to the recognition provided under the Chicago Convention, certificates issued by the UK CAA are recognised as valid for aircraft registered anywhere in the EU. In return, certificates issued by the national authorities of other EU countries are recognised as valid for UK registered aircraft, because they have been issued to the same regulatory requirements as in the UK. Whilst for the most part the EASA system works on the basis of mutual recognition, EASA itself directly provides:  approvals to businesses established in EU countries designing aeronautical products, known as a design organisation approval  approvals to products such as aircraft, engines and propellers, known as a type certificate  safety certificates to organisations established in third countries (i.e. countries outside the EASA system) that want to provide goods and services into the EASA system EASA also facilitates and oversees the system of automatic mutual recognition between participating states. Although they are not EU countries, Iceland, Norway, Liechtenstein and Switzerland participate in the EASA system. The EU has also concluded bilateral aviation safety agreements (BASAs) with the United States, Canada and Brazil, which reduce the duplication of safety oversight activities and smoothes the way for the recognition of each other’s safety certificates. Although those countries have different safety regimes to the EU, the agreements provide a mechanism to ensure that safety certificates from either party can be accepted by the other. After March 2019 if there’s no deal The technical rules and standards of EU aviation safety legislation would be retained and applied by the UK as domestic law, through the provisions of the European Union (Withdrawal) Act 2018 (“the Withdrawal Act”). The functions currently performed by EASA in relation to approvals for UK designed aeronautical products and approvals for third country organisations would be conferred on the CAA. These are explained in more detail below. The CAA has been preparing to take on these responsibilities since the EU referendum, and we are confident that they will be ready to perform these functions if required. If there’s no deal, the automatic mutual recognition of aviation safety certificates, provided for under the EASA system, would cease to apply to the UK. A large number of different safety certificates are issued to organisations and individuals involved in the design, production, maintenance and operation of aircraft and details on which certificates would be recognised in the UK and EU. An annex below explains the conditions under which they are provided. The government is working closely with the three countries with whom the EU has concluded a BASA to agree replacement bilateral arrangements, to apply as soon as the EU-negotiated agreements cease to apply for the UK. UK-registered aircraft Many organisations and personnel have to be certified, approved or licensed before they can undertake activities involving UK-registered aircraft.