As a consequence of its decision to withdraw from the European Union in accordance with Article 50 of the Treaty on European Union, the United Kingdom will no longer be subject to European law starting from 30th March 2019. With particular regard to the aviation sector, the European Commission reminds that Regulation (EC) No 216/2008 of the 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, will cease to apply in the United Kingdom.
For this reason:
- in accordance with Article 20 of the Regulation (EC) No 216/2008, the European Aviation Safety Agency (EASA) carries out the functions and tasks of the state of design on behalf of Member States with regard to the type certificates for products, certificates for parts and appliances, and certificates for design organisations. As of the withdrawal date, certificates issued by EASA to persons and organisations located in the United Kingdom will not be considered valid in accordance with Article 5 of Regulation (EC) No 216/2008;
- certificates issued before the withdrawal date by the competent authorities of the United Kingdom on the basis of provisions of Regulation (EC) No 216/2008 will no longer be valid as of the withdrawal date in the EU. These certificates include, among others: certificates of airworthiness, permits to fly, pilot licences, certificates for aerodromes.
- certificates confirming compliance with the provisions of Regulation (EC) No 216/2008 issued before the withdrawal date by the legal and natural persons certified by the competent authorities of the United Kingdom will no longer be valid;
- aircraft operators from the United Kingdom will be considered as “third country” operators within the meaning of Article 4(1)(d) of Regulation (EC) No 216/2008 and other EU legislation on aviation safety. As a result, a safety authorization issued by the EASA will be required;
- aircraft registered in the United Kingdom will be considered as “third country” registered aircraft within the meaning of Article 4(1)(b)(c) of Regulation (EC) No 216/2008 and other EU legislation. This means that European operators using such aircrafts will need to comply with the provisions of Regulation (EC) No 216/2008, as well as Regulation (EC) No 1008/2008 concerning the use of “third country” registered aircraft.
Persons or organisations located in the UK and holding certificates that will no longer be valid as of the withdrawal date, will need to ensure compliance with certification requirements according to EU legislation on aviation safety to continue their activities in the European Union. With regard to products, parts and appliances certified before the withdrawal date, as well as persons or organisations needing the certificate, the Commission is considering the actions needed to facilitate the continued compliance with the European legislation.