Tue Jan 21, 2020 4:46 pm
CAA assumptions on a non-defined outcome in less than two weeks!:
Planning assumptions for a non-negotiated exit
To help organisations with their own planning for Brexit, we have listed the assumptions that we used to develop our approach for a potential non-negotiated withdrawal from the EU.
These assumptions are not representative of the CAA’s view of the most likely, or desirable, outcome of negotiations and do not reflect Government policy, but have allowed us as a responsible regulator to prepare for all possible scenarios. In a non-negotiated outcome in October 2019, we have assumed that:
The UK leaves the EU at 11 pm on 31 January 2020.
Through the EU (Withdrawal) Act 2018, the UK adopts all European aviation laws at the point of exit. Changes will be made to ensure those laws are legally operable.
The UK continues to mirror EU aviation regulations for at least a two-year period.
The UK withdraws completely from the EASA system in January 2020, meaning that the CAA will need to fulfil regulatory functions without having EASA as a technical agent and without having access to EASA and EU-level capabilities.
The UK is no longer included in EU-level Bilateral Aviation Safety Agreements.
There is no mutual recognition agreement between the EU and the UK for aviation licences, approvals and certificates.
UK issued licences and approvals (issued when the UK was an EASA member) will continue to have validity under UK law but only those contained in EU Regulation 2019/494 will continue to have validity within the EU system, as defined by that regulation.
The EU treats UK airlines as Third Country Operators.
All licences issued by the CAA under EU legislation, and all type approval certificates and third country approvals issued by EASA under EU legislation, will continue to have validity under UK law, if they were effective immediately before exit day.
The UK has minimised additional requirements for licences, approvals and certificates from EU aviation and aerospace companies providing services and goods in the UK.
Bringing EU regulation into UK law
Under a non-negotiated withdrawal scenario, a number of regulatory processes will need to exist within the UK system so that we are able to continue to regulate the UK aviation industry. This means that we have been adjusting existing systems so that they can continue to work in exactly the same way as now – but with the UK Government and the CAA fulfilling regulatory functions independently of the EU.
Developing new functions and capabilities
Within this scenario, translating EU aviation law into UK law will require the CAA to take on new functions, some of which are currently delivered by EASA. The CAA has implemented plans to fulfil these functions should they be needed following the UK’s departure from the EU. As an example, the CAA has created the capability required for the UK to fulfil State of Design responsibilities independently of EASA should that be needed once the UK leaves the EU.