EU CONTINGENCY MEASURES IN THE ABSENCE OF AN AGREEMENT ON A FUTURE PARTNERSHIP WITH THE UK
January 15, 2021
On December 12, 2020 the European Commission (EC) issued legislative proposals for contingency measures in the absence of an agreement on a future partnership with the United Kingdom. Without an agreement in place by January 1, 2021, most relations between the UK and EU, such as trade in goods and services, would be governed by other multilateral international frameworks that both the UK and the EU are parties to. However, for the aviation sector, there is no such international agreement for the UK and EU to rely upon. For this reason, the EC has recommended the certain contingency measures regarding basic connectivity and aviation safety.
To ensure basic air connectivity, the EC adopted a proposal for a Regulation to ensure the provision of certain air services between the United Kingdom and the EU for a limited period of time, which would allow, for a maximum duration of up to six months, air carriers from the UK to fly across the territory of the EU without landing, make stops in the territory of the EU for non-traffic purposes, and perform scheduled and non-scheduled international passenger and cargo services between points in the United Kingdom and points in the EU (third and fourth ‘Freedoms of the Air’). The draft regulation also covers cooperative marketing arrangements and conditions for UK carriers to be able to use wet and dry lease capacity to operate the services allowed under regulation which are similar to the current arrangements. However, the regulation makes no mention of any contingency arrangements for UK carriers’ ability to wet or dry lease capacity to EU operators implying normal 3rd country rules apply.
Regarding aviation safety, the Commission has adopted a proposal for a Regulation ensuring that the affected aviation products or designs, (and annex) which were certified by EASA or by a design organization certified by EASA before the end of the transition period, can continue to be used in EU aircraft without disruption. The measure would only apply with respect to aircraft registered in the EU.
If an agreement on a future EU-UK partnership should be submitted by January 1, 2021, then these contingency measures would not enter into application. The UK Department for Transport (DfT) has indicated that they will be publishing the UK’s reciprocal policy statement at the direction of the UK Secretary of State (Transport Minister) very shortly.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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