Overview & presentation by Sofema Aviation Services (SAS)
The European Aviation Environment is subject to significant complexity across multiple domains – Air Traffic Control (ATC) Air Navigation Services (ANS) Aerodromes, Operators, Maintainers & Continuing Airworthiness Organisations.
Faced with enormous challenges to re-write the entire European regulatory environment (whose construction the UK in fact was a major contributor) the decision was made for the starting point to be the 100% adoption of the Status Quo and then a progressive development of specific UK development.
Aviation Law in the UK Introduction
Since the UK fully left the European Union, after the end of the UK/EU Agreement transitional period on 31 December 2020, the law that applies to aviation rights and obligations is now all UK law and includes the retained EU Regulations, as amended by an increasing amount of UK law.
Note – EU regulations as published on EU web pages are no longer an accurate presentation of the law that applies in the UK.
- The CAA adopted the version of Acceptable Means of Compliance (AMC), Guidance Material (GM), Certification Specifications (CS) adopted by EASA up to 31 December 2020, but has since adopted amendments to that AMC, GM and CS.
- The CAA adopted versions of the law do not contain the statutory forms. They are available to view and download using the Forms page of this website.
- The AMC, GM, CS and other information applicable to UK registered aircraft, pilots, aircraft engineers, other persons involved in UK aviation and organisations.
- UK AltMoC proposed and accepted by CAA prior to 31 December 2020 continues from 1 January 2021 to be means by which the requirements in the applicable EU Retained legislation, now UK law, can be met. This AltMoC is published in CAP 1721.
Note – Stakeholders should no longer refer to EU or EASA websites for a description of their rights and obligations under Aviation law (including AMC, GM, CS and other information) as this may be out of date from 1 January 2021 either because the UK position has changed or because the EU or EASA position has changed.
Basic Regulation (EU) 2018/1139 as retained (and amended in UK domestic law) under the European Union (Withdrawal) Act 2018 (Law last amended on 01 January 2023)
- Since 1 January 2021 this regulation has been amended by:
o The Aviation Safety (Amendment) Regulations 2022
o The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022
o Last uploaded January 2023
Initial Airworthiness Regulation (EU) No. 748/2012 last amended on 23 December 2022
- Since 1 January 2021 this regulation has been amended by:
o The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022
o Last uploaded January 2023
Continuing Airworthiness Regulation (EU) No. 1321/2014 last amended on 23 December 2022
- Since 1 January 2021 this regulation has been amended by:
o The Aviation Safety (Amendment) Regulations 2022
o The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022
o Last uploaded January 2023
Additional Airworthiness Commission Regulation (EU) 2015/640
- Last amended 20 November 2021 (Aviation Safety (Amendment)(No. 3) Regulations 2021)
o Last uploaded 23 November 2021
See the following link regarding the withdrawal act
Next Steps
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Sofema Aviation Services (www.sassofia.com) and Sofema Online (www.sofemaonline.com) provides classroom, webinar & online training. For additional information, please visit our websites or email team@sassofia.com
Tags:
Aviation Law, Bi-Lateral, Bilateral Aviation Safety Agreement (BASA), CAA, EASA, Memorandum of Understanding (MoU), Trade and Cooperation Agreement, UK CAA, Working Arrangement (WA)
