The 1 246-page agreement (including annexes) covers its general objectives and framework with detailed provisions for fisheries, social security, trade, transport and visas; and cooperation in judicial, law enforcement and security matters. Other provisions include continued participation in community programs and dispute resolution mechanisms. [24] Switzerland has almost unlimited access to the EEA through a bilateral agreement. This has the advantage of being a “ready-made” deal that saves the UK valuable time and resources. However, this option poses the same problem as membership of the EAEC: the disagreement over Gibraltar and the continued influence of the CJEU. The agreement provides for both parties to comply with aviation security standards established by the United Nations International Civil Aviation Organization and requires registered air carriers and airport operators in their respective territories to comply with these standards. Each of them shall ensure that effective security measures are in place in its territory, including the screening of passengers and other persons, the control of baggage and cargo, the control of access to security zones and other security controls. The EU Free Trade Agreement and horizontal agreements allow EU airlines to fly from the UK to 17 other non-EEA countries such as the US, Australia and New Zealand with reduced restrictions. This has significantly increased the number of routes and carriers available to consumers. The agreement covers not only trade in goods and services, but also a wide range of other areas in the EU`s interest, such as investment, competition, state aid, tax transparency, air and road transport, energy and sustainability, fisheries, data protection and systemic security coordination. The ECAA was established in 2006 as an extension of the internal aviation market and is overseen by the European Aviation Safety Agency (EASA), whose legislation is enforced by the Court of Justice of the European Union (CJEU).
During the transition period, the UK will continue to be represented at EASA by the Civil Aviation Authority (CAA), but will no longer play a formal role in decision-making. However, according to the National Court of Auditors, the Ministry of Transport had been working on 28 Brexit projects as of March 2019. This included the development and implementation of contingency plans for bilateral air services agreements and emergency requirements for EASA, as well as legislation, borders and political and negotiation strategies, as well as the replacement of air transport agreements and security arrangements with third countries. However, it is also clear that this agreement is not intended to be the final word on EU-UK aviation relations. Instead, future dialogue processes will be established to build relationships in specific areas such as aviation safety and the liberalization of ownership and control restrictions. Aviation is a truly global industry by nature, and it is to be hoped that once Brexit policies fade in the future, both sides will seize the opportunity to build a close partnership for the benefit of the industry. In addition, the agreement contains several “operational flexibilities” that were not included in the emergency regulations and are likely to benefit operators of passenger, cargo and charter aircraft. Under the Emergency Measures Regulations, the only operational flexibility granted was code-sharing and blocked sharing agreements. In addition, Member States were expressly prohibited from negotiating bilateral air transport agreements with the United Kingdom. A separate section of the agreement provides that the parties may cooperate on a number of matters related to aviation safety, including certificates, staff assignment and training, air traffic management and air navigation services.
This cooperation shall be defined by annexes dealing with each subject in detail and adopted by a Technical Committee on Aviation Safety. These provisions aim to facilitate the mutual recognition of certificates issued by competent authorities and the establishment of compliance, to promote cooperation towards a high level of civil aviation safety and environmental impact (inter alia) and to enable the EU and the United Kingdom to agree, for example. B mutual recognition of certificates and conformity assessments; that go beyond the minimum safety standards mentioned above. This section of the agreement also requires the parties to keep each other informed of proposed changes to the relevant security rules, to share security information and to cooperate in law enforcement actions. The ATT provides a long-awaited confirmation of traffic rights for UK and European airlines. It also presents a more liberal view of airline ownership and control in a post-Brexit world, with the potential for further liberalisation in this area in the future, as well as greater operational flexibility for UK airlines in terms of wet-leasing. The growing role of the CAA in aviation safety, including design and certification, following the withdrawal of the United Kingdom from EASA membership is confirmed, as well as the details of future cooperation between the United Kingdom and the EU in areas such as consumer protection, aviation security and air traffic management. Such details are extremely useful for companies operating in the UK aviation industry after Brexit.
If the UK fails to reach an agreement with the EU, it will be forced to resort to largely obsolete agreements originally provided for in the 1944 Agreement on International Civil Aviation, also known as the Chicago Convention. The deal, which governs EU-UK relations after Brexit, was reached after eight months of negotiations. [4] It provides for free trade in goods and limited reciprocal market access for services, as well as cooperation mechanisms in a number of policy areas, transitional provisions on EU access to fisheries in the UK and UK participation in certain EU programmes. Compared to the previous status of the United Kingdom as an EU Member State, it ended on 1. January 2021 As they have not been included in the ATT or the Brexit Withdrawal Agreement: free movement of people between the parties, accession of the United Kingdom to the European Single Market and the Customs Union, participation of the United Kingdom in most EU programmes, in the framework of EU-UK law enforcement and security cooperation, such as access to real-time data on crime, defence and foreign policy, cooperation and powers of the Court of Justice of the European Union in dispute resolution (except for the Northern Ireland Protocol[5]). Future cooperation in the development of aviation security measures shall include the recognition of certain security requirements in order to minimise the administrative burden on regulators and operators. Among the pro-Brexit interest groups, Eurosceptic Conservative MPs from the European Research Group[45][46] and Brexit Party leader Nigel Farage[47][48], supported the ATT, but the Bow Group wrote that it would not adequately restore the UK`s sovereignty. [49] The UK fishing industry was disappointed that the agreement did not further restrict eu access to UK waters. [50] [51] [52] The Agreement establishes a Partnership Council composed of representatives of the EU and the UK. By mutual agreement, it is empowered to administer the agreement, settle disputes through negotiation and amend certain parts of the agreement if necessary. [30] The Partnership Council will also play this role by supplementing the EU-UK agreements, unless otherwise agreed (Articles COMPROV 2 and Inst 1.2)[24] However, there is no guarantee that international aviation authorities would accept the CAA regulatory standards, in particular if they choose to deviate from the applicable EASA rules. .
