Andrew Haines, director general of the Civil Aviation Authority (CAA), the UK`s aviation authority, has proposed that the UK be able to negotiate individually with ECAA member states if an agreement with the EU as a whole cannot be reached. This could allow the UK to circumvent some EU rules and even the case law of the ECJ. The question of Gibraltar could also be circumvented if no agreement was reached with Spain. However, it is not certain that this is compatible with EU law. In addition, it would be a very complex and tedious task to conclude agreements that offer the nine freedoms. Kevin Shum, Managing Director of CAAS, said: “Caas and UKCAA have a long-standing relationship. These new agreements reaffirm our shared commitment to promoting aviation safety, strengthening the development of civil aviation and supporting our sectors. The TA-M will benefit some 70 aviation maintenance organisations in Singapore and the UK. The United Kingdom currently has similar bilateral safety agreements with aviation authorities in Canada and Brazil. On 14 March, the UK Civil Aviation Authority published detailed information on the new enforcement procedures agreed under the UK-US Bilateral Aviation Safety Agreement (BASA).
Safety regulations between the two countries are currently being implemented within a framework defined between the US and the EU. While the UK government and the CAA have repeatedly stated that their common preference is to continue to participate in the European Aviation Safety Agency (EASA) system after the UK`s withdrawal, this would not be possible in a no-deal scenario. These agreements are part of the CAA`s overall emergency measures for such a scenario and mean that effective and equivalent regulation would continue if the UK were no longer part of the EASA system. The FAA and the UK Civil Aviation Authority (CAA) are working to minimise regulatory disruption on both sides of the pond following the UK`s exit from the European Union (EU) earlier this year. Although a transitional period has been in force since January 2020 under the Withdrawal Agreement, it ends on 31 December 2020 at midnight, unless it is extended by the respective governments (which is possible, but not likely). The two sides continue to negotiate the details of their bilateral relations in 2021 and beyond, with aviation being one of the many sectors discussed in these high-level talks. In addition to airworthiness certification, BASAs, moUs and WAs provide for bilateral cooperation in other aviation sectors, including maintenance, flight operations and environmental certification. In addition, EU agreements with third countries would no longer apply as soon as the UK is outside the EU trade agreement. The UK has already renegotiated its own bilateral agreement with the US, Albania, Georgia, Iceland, Israel, Kosovo, Montenegro, Morocco and Switzerland, while negotiations with Canada are at an advanced stage. Switzerland has access to the AEEC through a bilateral agreement.
The advantage is that it is a “prefabricated” agreement that saves valuable time and resources in the UK. This option, however, poses the same problem as membership of the ECJ: the disagreement over Gibraltar and the continuing influence of the ECJ. For more information: www.caa.co.uk/Commercial-industry/Aircraft/Airworthiness/Organisation-and-maintenance-programme-approvals/Bilateral-agreements/What-is-a-bilateral-agreement/ Future cooperation between the UK and the EU in the field of air transport will be the subject of negotiations. . . .