101 UK Brexit Notes
Connemara Programme October 16 2018 pg. 7 Aircraft leasing If a UK airline wanted to wet-lease an aircraft registered outside the UK, they would continue to require prior-approval from the CAA. An aircraft wet-lease is when the lease also includes the crew, maintenance, insurance and operation of the aircraft by its original operator rather than the airline leasing the aircraft. As today, if a UK airline wanted to wet lease an aircraft registered outside the EU or EEA, they would still need to demonstrate that it is justified on the basis of: exceptional needs; or is necessary to overcome operational difficulties; or to satisfy seasonal capacity needs. This would replicate the current position and preserve carriers’ commercial flexibility by avoiding additional approval processes. The EU would treat the UK as a third country from exit day and so EU airlines would also have to satisfy their own national authorities that the lease was justified on one of the three conditions above. Airports The certificates issued to airports by the CAA would remain valid and these organisations should be largely unaffected by the changes to the safety regulatory regime. Validity of existing safety certificates after EU exit In these tables ‘issued under the EASA system’ should be understood to refer to any certificates issued in accordance with the EASA Basic Regulation and its implementing regulations by EASA itself, by the competent authorities of the EASA countries, or under the authority of those national authorities. References to the names of individual certificates would remain the same in the UK as the legislation governing them would be retained by the Withdrawal Act. Initial airworthiness regulation Certificate Type Validity of certificates issued by the CAA for use on UK registered aircraft Validity of certificates issued by the CAA for use on EU registered aircraft Validity of certificates issued under the EASA system for use on UK registered aircraft Airworthiness directive (21.A.3B) N/A currently issued by EASA N/A currently issued by EASA Yes – where EASA is State of Design Type-certificate (21.A.21) N/A currently issued by EASA N/A currently issued by EASA Existing certificates will remain valid. Validation required for new or revised approvals after exit day. Restricted type certificate (21.A.23) N/A currently issued by EASA N/A currently issued by EASA Existing certificates will remain valid. Validation required for new or revised approvals after exit day. Approval of minor change to type design (21.A.95(a)) N/A currently issued by EASA or EASA approved organisation N/A currently issued by EASA or EASA approved organisation Existing approvals will remain valid. Validation required for new or revised approvals after exit day.
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