Old 31st Jul 2018, 04:00
  #328 (permalink)  
Join Date: May 2001
Posts: 395

Not entirely sure about the accuracy of the RIchard North quote and where they/he get "30 days before the intending start of operation" from, or how it is applicable
Maybe checkout: COMMISSION REGULATION (EU) No 452/2014 where you'll find reference to the relevant required Third Country Operator notice at TCO.300 Application for an authorisation on Page 6 of the document.

For those serious students of the effects of Brexit on UK Aerospace/Air Transport and the applicable law, I could do no better than recommend Richard North's blog, EU Referendum and in particular, his Brexit Impact Assessments

The Assessment in respect of Third Country Operators is contained here and of note, he writes:

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 toThe 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.
To end on a note of light relief, Ppruners might like the Independent's take on "What could day one of a no-deal Brexit look like"?
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