Panama Jack
24th Apr 2016, 06:03
Question from a non-European:
How would a successful vote to leave the European Union affect UK airline's ability to have bases in and fly freely within the EU Common Aviation Area? Also would the UK's status as an EASA member country be affected, as well as the recognition of UK-issued personnel licenses as "EASA" licenses?
wiggy
24th Apr 2016, 06:12
You'll get stacks of opinions but I think in reality nobody knows.
You'll find apparent answers if you google the subject but when dig down you'll no doubt find the piece you are reading ends with something along the lines of "that is why we recommended...." i.e. it has come from an "in" or "out" biased source.
AFAIK the only known is if there's a "out" vote there will then follow approximately 2 years of negotiations on how the UK exits the EU. That will determine which treaties, agreements and administrative arrangements will still apply, which EU associations and organisations we are still members of and in what sort of membership capacity (e.g. voting or non-voting). At some point in that process, if it happens, we'll know the definitive answers to your questions.
EU aviation law gives "community air carriers" (CAC) unlimited traffic rights within the EU. CAC are defined as being majority owned and controlled by citizens of the EU. In addition the EU has negotiated Air Service Agreements (ASAs) with a number of other countries (Australia, Canada, USA, etc.) that grants rights to CAC and to the airlines of the other party. (Within the EU this the equivalent of unlimited 3rd/4th/5th/7th/8th/9th freedom rights; between the EU and third countries unlimited 3rd/4th/5th (and all-cargo 7ths with the US).
On the date of Brexit, if it happens, airlines owned and controlled by British citizens would cease to be CAC, and IF other arrangements are not made, would lose all traffic rights within the 27 remaining member states. Britain would in effect have no air services agreements with EU countries and those other third countries.
History has shown that usually when an ASA expires existing flights are allowed to continue until a new agreement can be reached and implemented. This is likely to occur for 3rd, 4th and 5th freedom flights to/from/via the UK. But there could be reluctance by either, or both, parties to permit the continuance of 7th, 8th or 9th freedom routes.
This is the billion pound question. Will Ryanair be allowed to continue their UK - EU flights? Will EasyJet be permitted to continue their domestic flights in France or Italy?
The U.K. will have to negotiate new ASAs with the EU (which will want to negotiate as a block, but subject to a veto by any member state) and those third countries. Shouldn't be too difficult with the third countries.
EASA membership is not limited to EU member states. The U.K. can, and likely will, continue it's membership without any changes.
I've intentionally left out speculation about what can happen, or what could happen and in particular what should happen. There is plenty of discussion in Jet Blast on that.
3rd - right to carry traffic from your country to a 3rd country; (FR DUB-LTN)
4th - right to carry traffic from a third country to your country; (FR LTN-DUB)
5th - on a 3rd/4th flight the right to carry traffic from an intermediate or beyond point. (FR dub-PAR-FRA)
7th - right to carry traffic to/from the other country on flights that do not originate or terminate in your country (FR LTN-AMS)
8th - on a 3rd/4th flight the right to carry traffic from an intermediate or beyond point in the same country (FR dub-LTN-GLA)
9th - right to carry traffic within a 3rd country on flights that do not originate or terminate in your country. (FR LTN-GLA)