101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 6 as if they had been issued by the CAA. This would mean that for a transitional period of up to 2 years, UK-registered aircraft can still be fitted with new parts certified in accordance with EU rules prior to exit day. The EU has indicated that it would take a different approach to the UK. The information notices issued by the European Commission state that certificates previously issued by the CAA, or by organisations approved by the CAA, before exit day would no longer be automatically accepted in the EASA system after 29 March 2019. This would mean that parts manufactured and certified by organisations approved by the CAA could not be installed on EU registered aircraft. The affected organisations could be approved as third country production organisations by EASA. However, EASA has yet to provide the details for how and when it would process applications from UK manufacturers in advance of the UK leaving the EU. Maintenance and continuing airworthiness Once in service, aircraft require regular maintenance and this needs to be certified to ensure the continued airworthiness of the aircraft. The organisations and individuals performing that maintenance are certified to ensure that they are capable of maintaining the aircraft to an appropriately high standard. The CAA would be responsible for fulfilling the relevant continuing airworthiness functions for aircraft types under its oversight. This means that the CAA would be responsible for providing the national authorities of other states with any information they consider necessary for the continued safe operation and oversight of aircraft designed and manufactured in the UK. Although elements of this function have formally been assigned to EASA, the CAA has maintained capability in this area and is actively building the resources, systems and processes to perform these functions. The CAA would continue to be responsible for issuing the certificates and approvals associated with aircraft maintenance. All certificates issued by the CAA before exit day, such as maintenance organisation approvals (known as Part-145 approvals) or under the privileges granted to those organisations, such as certificates of release into service, would remain valid under UK law. That means maintenance organisations and engineers with CAA-issued certificates would still be permitted to perform maintenance on UK- registered aircraft. Certificates and approvals associated with aircraft maintenance issued by an EASA competent authority and in force before exit day remain valid by virtue of the Withdrawal Act. Such validity is limited to up to 2 years after exit day (unless it would otherwise have expired or there was any ongoing enforcement action) after which approvals issued by the CAA will be required. It would also allow the UK to treat such certificates as if they had been issued by the CAA when used on UK registered aircraft. This would mean that for a period of up to 2 years, UK-registered aircraft could still be maintained by organisations and engineers with certificates issued by an EASA competent authority. The EU has indicated that it would take a different approach to the UK. The information notices issued by the European Commission state that certificates previously issued by the CAA, or by organisations approved by the CAA, before exit day would no longer be automatically accepted in the EASA system after 29 March 2019. This would mean that maintenance organisations approved by the CAA could not perform maintenance on EU registered aircraft. The affected organisations could be approved as third country maintenance organisations by EASA, however, EASA has yet to provide the details for how and when it would process applications from UK maintenance organisations in advance of the UK leaving the EU. Third country operators All third country airlines (“third country operators”) require a safety authorisation from the EASA, known as a “Part-TCO Authorisation”. If there’s no deal on EU exit, UK air carriers would become third country operators under EU legislation. Similarly, EU operators will become foreign operators under UK legislation. All foreign operators flying to the UK would require a safety approval (a UK Part-TCO approval) issued by the CAA before they can operate commercial services to the UK. This certifies that airlines meet international standards and any additional requirements applicable in UK airspace. Part-TCO authorisations issued by EASA before 29 March 2019 to airlines outside the EU would remain valid in the UK for up to 2 years after the UK leaves the EU. As EU airlines do not hold EASA issued Part-TCO authorisations they would have to obtain a UK Part-TCO approval from the CAA. The CAA will consider each application for a UK Part-TCO authorisation on a case-by-case basis, but in principle, an airline that holds a valid EASA Air Operator Certificate would be considered as having met the qualifying requirements to hold such an approval. The UK would expect this recognition of equivalent safety standards to be reciprocated by the EU in its ‘Part-TCO’ authorisations (see below). EASA has yet to provide the details for how and when it would process applications from UK airlines in advance of the UK leaving the EU. The UK however would expect the recognition of equivalent safety standards to be on a reciprocal basis. More information about Part-TCO is available on th e EASA website . As described in the technical notice o n flights to and from the UK , all foreign air carriers, including from the EU, would also require a permit to operate from the CAA (known as a ‘foreign carrier permit’). More information about the process for applying for a foreign carrier permit is available on th e CAA website .