The spokesman added that it was clear to the EU that the UK could no longer participate in EASA, but that the Bloc had expressed its willingness to agree on a bilateral agreement on aviation safety. 4. Negotiations of bilateral agreements with Member States The ERA`s position on Brexit remains unchanged – in order to ensure open and free rights of movement between the EU and the UK for all EU and UK air carriers, that EASA rules remain applicable to UK airlines and that EU and UK airlines continue to intermingle without prior hire authorisation. It is now time to definitively confirm a mutual agreement that protects the established pillars of European air transport. The UK government`s recent «No Deal» communications on air transport have given the industry some comfort as to the status of international agreements after Brexit. In the Communication «Aviation Safety in the Absence of a Brexit Agreement», the UK Government indicated that it was cooperating closely with the US, Brazil and Canada to agree on alternative bilateral aviation safety agreements, which will enter into force as soon as the agreements negotiated by the EU no longer apply to the UK. Although the communication is a «no-deal» Brexit, the date on which the current rules would no longer apply would be 29 March 2019 and not the end of an agreed transitional period. The notice does not provide further details on the terms of these replacement agreements. However, it would be obvious that it would be difficult to conclude such an alternative bilateral agreement on aviation safety if there were no comprehensive agreement between the EU and the UK on aviation safety, and in particular on the nature of the UK`s future participation in EASA. However, there is no guarantee that international aviation regulators would accept CAA regulatory standards, especially if they choose to deviate from current EASA regulations. This carries the risk that BRITISH airlines will be completely cut off from flights to certain countries. The aviation industry has long recognized the need for a transition period.
But what are the proposed transition conditions for aviation? Does the regulatory environment remain the same during the transition period or do airlines and other aerospace companies have to plan the transition period themselves? In this article, we explain the transition conditions and uncertainties for airlines. The European Union has asked third countries with which it has concluded trade agreements of all kinds, including those relating to air transport, to continue to treat the United Kingdom until the end of 2020 as if it were an EU Member State and there is no obvious reason for them not to do so, unless they want to limit competition from British airlines. «As we have broadly the same starting position with the EU in terms of aviation safety, we have the opportunity to give the industry early assurance on the terms of our new regulatory relationship,» they said. This would lead to a fallback position when goods are traded under WTO rules, but there is no similar standard for aviation that requires explicit consent if international traffic rights are to be maintained. Finalising both the terms of the UK`s withdrawal from the EU and the terms of the FUTURE trade relationship between the UK and the EU would still be difficult, if not impossible, within the two-year period provided for in Article 50. Furthermore, the EU is not legally in a position to sign a free trade agreement or any other agreement that creates any form of future partnership with the UK until the UK ceases to be an EU member state. . . .