30 Dec 2020
Brexit - the impact of the UK-EU Trade and Cooperation Agreement on aviation
30 Dec 2020
The European Commission has concluded an agreement on trade and cooperation with the United Kingdom, which sets out future relations. The agreement also introduced changes in the field of aviation.
From 1 of January 2021, UK and EU air carriers are considered to be third country operators in relation to each other. Therefore, UK and EU law will be different from those that existed in the UK as a member of the European Community Aviation Area.
Under the agreement, flights between EU and UK airports will be unrestricted (third and fourth freedom rights). It is worth noting that UK air carriers will not be able to operate flights between EU countries with operating licenses issued by the UK licensing authority. Under the agreement, airworthiness, certificates of competency and licenses issued in the UK will be recognized as valid in the EU (and vice versa) for the exercise of operating rights granted under the Treaty.
UK air carriers will not be able to operate connecting commercial flights with a stopover at EU airports. However, Member States have the right to negotiate this type of cargo flight (fifth freedom law).
Within the EU, UK air carriers are entitled to carry out only one cabotage operation and one shipment, and EU air carriers are entitled to carry out two cabotage operations within the UK. The UK and the EU will work together on aviation safety and air traffic management, but the UK will not be involved in the EU Aviation Safety Agency. Provisions on groundhandling and slots and passenger rights remain, as do environmental, social and competition law provisions. The agreement provides that all parties take effective and non-discriminatory measures to protect the interests of consumers.
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