With a Little over 400 Days left to Brexit nothing is even partially clear related to how the UK will cope with the Brexit Challenges of continued association between European Aviation Safety Agency (EASA) and The UK Civil Aviation Authority (CAA)
As a result driven by reality checks, many European Airlines are taking steps to protect their interest following the real possibility l of a post brexit melting of the regulatory framework
Fact 1
The UK Government has stated many times that they will not submit to the authority of the European Court of Justice (ECJ)
Reality Check
The Entire EASA Regulatory Environment is based on Compliance with European Council Regulation 216/2008. This is known as the Basic Regulation (BR) and the ultimate authority for the regulation sits with the ECJ. The BR provides the means of connecting the objective of the regulation āFacilitation of the free movement of goods, persons and servicesā.
Fact 2
Some Actors are suggesting the Swiss Aviation Regulatory Model would be a solution Model
Reality Check
To be a member of the European Economic Area (EEA) you need to be in the EU or the European Free Trade Association (EFTA), which the UK left in 1973.
The EEA Agreement specifies that membership is open to member states of either the European Union (EU) or European Free Trade Association (EFTA). EFTA states which are party to the EEA Agreement participate in the EU’s internal market without being members of the EU.
Joining EFTA would need a treaty and potentially some extensive negotiation (who can assume the UK will be welcomed with open arms?)
However, it seems clear that BREXIT more or less makes the UK ineligible to be an EFTA member too!
So where does the UK go now?
From the current understanding the only membership which is open to the UK and the various UK companies will be EASA Third Country Status
Well not back to the national regulations (decades old and out of date and no longer fit for purpose). The great repeal bill will fix everything then (Real Solution or Politically correct naivety) throughout the regulations are constant reminders of the role of the EU to protect fundamental rights of the citizens.
Vassal State Anybody?
A vassal state is any state that is subordinate to another. The UK Government is now faced with the real possibility that self-determination will not be delivered as advertised.
If the UK does choose not to accept new regulations, then there would be no prospect of any future āmutual recognitionā and the UK will be out in the cold with Pilots and Maintenance Engineers Qualification potentially no longer recognised outside of the UK. And this would just be the beginning
The Bitter Pill!
Conversion to Third Country Certification may be the solution for approved organisations but are the resources available within EASA to support the transition.
If becoming a third country member of EASA was not the objective of UK Authorities, this is where they are heading ā Unhappy times ahead.
Steve Bentley is MD of Sofema Aviation Services www.sassofia.com – Regulatory Trainers and Consultants.
