Listening to Walsh exude confidence, though, I didn't get the impression that he – or any of his colleagues – really understood what they were up against. At the midnight on 29 March 2019 (Brussels time), all UK registered airlines will cease to be "community air carriers", as defined by
Regulation (EC) 1008/2008, and thus will cease to enjoy the degree of access to the aviation facilities of the Member States that they currently enjoy.
Just to regularise the position in the UK, though, we are going to need hefty amendments to
The Operation of Air Services in the Community Regulations 2009.
The interesting thing here is that the Civil Aviation Authority currently issues airline operating licences not under the aegis of UK law but by virtue of EU law, under
Council Regulation (EEC) No 2407/92, which are given effect in UK law by the 2009 UK Regulations.
On the face of it, before it can go anywhere with the EU – and all the other third countries – the UK government must completely rebuild its own system for licencing UK airline operators. Only then can it ask other countries to recognise them, presumably on a mutual recognition basis. However, things are never that simple.
Assuming that the UK is able swiftly to negotiate an air service agreement with the EU, that is only the start of it. The UK will, by then, be a third country. This means that Regulation (EC) 1008/2008 will no longer apply. Instead, UK airlines will have to conform with
Commission Regulation (EU) No 453/2014.
This, as Willie Walsh will undoubtedly know, lays down "technical requirements and administrative procedures related to air operations of third country operators pursuant to
Regulation (EC) No 216/2008 of the European Parliament and of the Council". This requires them to apply to the European Aviation Safety Agency (EASA) in order to gain approval as Third Country Operators (TCOs), in accordance with the procedure
sketched out here.
And, in accordance with the six-page
application guidelines, the intended operator must "demonstrate a credible intention to conduct commercial operations into within or out of the territory subject to the provisions of the Treaty of the European Union".
Of this, Mr Walsh will no doubt be fully aware, as he will most probably have to substantiate his airline's intention by submitting its planned schedule for commercial air transport operations or by making a statement that operations to the European Union are planned.
Given the complexity of the application procedure, one very much suspects that neither British Airways nor any other UK licenced airline will be seeing its TCO approval in the small hours of Saturday 30 March 2019, or even in the days thereafter.
The complication here is that the application must be submitted at least 30 days before the intended starting date of operation – but it cannot be made until the UK has left the EU and become a third country. And once he's sorted that out, there is the small matter of lodging proof of insurance in accordance with
Regulation (EC) No 785/2004.