Brexit

Update 30/11/2018 - related to contingency action plan in the event of a no deal scenario with the UK

On 13/11/2018, the European Commission published a contingency action plan in the event of a no deal scenario with the UK. Please review European Commission's Press Release 'Brexit: European Commission intensifies preparedness work and outlines contingency action plan in the event of a no deal scenario with the UK'.

The extract below highlights the contingency action plan with regards to aviation safety:

“Regarding aviation safety, for certain aeronautical products (ʻtype certificatesʼ) and companies (ʻorganisation approvalsʼ), the European Aviation Safety Authority (EASA) will only be able to issue certificates once the United Kingdom has become a third country. The Commission will propose measures ensuring continued validity of such certificates for a limited period of time. These measures will be subject to the condition that the United Kingdom applies similar measures. Likewise, the Commission will propose measures ensuring that parts and appliances placed on the Union market before the withdrawal date based on a certificate issued by a legal and natural person certified by the UK Civil Aviation Authority may still be used under certain circumstances. “


Update 22/11/2018 - related to the acceptance of early applications

The process:
Early applications, as mentioned in our update from 02/10/2018 in the context of the UK withdrawal from the Union, will be processed in a streamlined way. Please find below an overview of the steps and milestones of this process:

  1. The application form and all required documentation is sent to EASA.
  2. EASA checks the completeness of the file. If needed, EASA requests further documentation.  No application will be processed until the file is complete.
  3. EASA provides you, via email, with the task number of your application.
  4. EASA issues and sends the invoice for your application.
  5. Upon receipt of payment of the invoice, EASA proceeds with desk review of your application.
  6. EASA issues the certificate and provides you with a confirmation that the EASA certificate is ready, as well as the EASA approval number (if applicable).
  7. Your certificate will be sent to you by email on 30th March 2019.
  8. On 30th March 2019, the surveillance/recurrent phase of your project starts, following the standard EASA processes and fees. (see below: the surveillance/recurrent cycle)
  9. In the week following 30th March 2019, the hard copy of your certificate is sent to you.

The fee:

  • The fee to cover the costs of issuing the approval for the special application is 8 working hours charged at the hourly rate referred to in point 2 of Part II of the Annex to Commission Regulation (EU) No. 319/2014, subject to the annual inflation rate.
  • Your application will only be processed once the payment has been received by EASA.
  • This fee is non-refundable, regardless of the outcome of the Brexit negotiations.
  • Should you send a revised application, after payment of the fee, it will be considered as a new application attracting a new fee. 

The EASA certificate:

  • The scope of the EASA certificate will mirror that of your existing UK approval. No variations contained in your application will be taken into account.
  • As a general indication EASA will apply a desk review procedure so we expect that your approval will be granted in a matter of weeks. However this cannot be guaranteed if the volume of applications exceeds expectations. 
  • Your EASA certificate is valid as of 30th March 2019.
  • The electronic copy of your EASA certificate will be sent to you on 30th March 2019.  The hard copy will be sent to you the following week.

The surveillance/recurrent cycle:

  • The surveillance cycle/recurrent phase will start on 30th March 2019.
  • From this point on the normal EASA rules of procedure and charging will apply in accordance with Commission Regulation (EU) No. 319/2014:
    • Production Organisation Approvals – Annex, Part I, Table 8
    • Maintenance Organisation Approvals – Annex, Part I, Table 9
    • Maintenance Training Organisation Approvals – Annex, Part I, Table 10
    • Continuing Airworthiness Management Organisation Approvals– Annex, Part I, Table 11
    • Letters of agreement for production without a POA – Annex, Part II, Table 1
    • Approved Training Organisation Approvals – Annex, Part II, Table 1
    • Aero-Medical Centre Approvals – Annex, Part II, Table 1
    • Flight Simulator Training Device Approvals – Annex, Part II, Table 1

Update 02/10/2018

In the ongoing process of preparing for the UK withdrawal from the Union, the EU institutions have been actively engaged in identifying and putting in place possible preparedness measures in anticipation of that event.

In this context EASA will start to process some applications for Third Country approvals from existing UK approval holders.

From 2nd October 2018, applications will be accepted for the following types of organisation:

Approval type Application form
Production Organisation Approval  - POA (EASA Form 55)

EASA Form 50 

Application for Part 21 POA Production 

Letters of agreement for production without a POA (EASA Form 65)

No dedicated application form available. Please contact applicant [dot] services [at] easa [dot] europa [dot] eu (applicant services).

Maintenance Organisation Approvals - MOA (EASA Form 3 & Form 3MF)

EASA Form 2

Application for foreign Part-145 and Part-M Subpart G Approval

Maintenance Training Organisation Approvals - MTOA (EASA Form 11) EASA Form 12
 
Application for foreign Part-147 approval
Continuing Airworthiness Maintenance Organisation - САМО approvals (EASA Form 14) EASA Form 2
 
Application for foreign Part-145 and Part-M Subpart G Approval
Flight Simulator Training Devices - FSTD (EASA Form 145)

FO.FCTOA.00129

Application for Initial Activities related to Flight Simulation Training Devices

Approved Training Organisations - ATO (EASA Form 143)

FO.FCTOA.00010

Application for a Part-ORA ATO (Pilot Training Organisation) Approval

Aero-Medical Centres - AeMC certificates (EASA Form 146)

FO.FCTOA.00015 

Application for a Part-ORA Aero-Medical Centre Approval

To avoid delays applicants are requested to submit the following supporting information together with their application forms:

  • Copy of the existing UK approval;
  • Copy of Certificate of Incorporation/Business Registration;
  • A PDF screenshot of the registry overview of your organisation from the companieshouse website (https://beta.companieshouse.gov.uk/) Please make sure the company number and registered office address is included;
  • Copy of the latest audit report(s) from the UK CAA containing all outstanding findings and related corrective action plan, as well as enforcement actions (if any).

IMPORTANT TO NOTE – Negotiations for the United Kingdom's withdrawal are ongoing at the time of this notification. The final outcome of those negotiations cannot be pre-empted. Applicants must therefore bear in mind that this initiative is being launched in anticipation of a possible so-called 'no deal' scenario which would result in the United Kingdom's effective withdrawal as of midnight (00h00) on 29 March 2019. However, in case of a positive outcome to the negotiations a transition period of 21 months until 31 December 2020 will be opened, during which everything will remain as it is today, and during which current approvals would remain valid until that date or their expiry date whichever comes first. 
On this basis it is important to note that the decision whether to proceed with a Third Country approval application or not is ultimately the sole responsibility of the applicant.

For these applications fees or charges will be levied by EASA in accordance with Commission Regulation (EU) 319/2014 on the fees and charges levied by the European Aviation Safety Agency.


The UK’s withdrawal from the EU 

On 13 April 2018, the Commission published a “Notice to stakeholders” concerning the withdrawal of the United Kingdom and EU aviation safety rules on the webpage of the Directorate General for Mobility and Transport.
 

Impact on the EU aviation system

The European Union’s aviation safety legislation applies in 32 European countries – the current 28 EU Member States and the following four associated countries: Iceland, Liechtenstein, Norway, and Switzerland.  The countries to which this legislation applies will, for the purposes of simplification, hereafter be referred to as "EASA Member States". 

On 29th March 2017 the United Kingdom notified the European Council of its intention to withdraw from the European Union, thereby triggering a negotiating process to establish a withdrawal agreement within a two-year timeframe, subject to any transitional arrangement that may be contained in a possible withdrawal agreement.

EASA’s mandate and role as an agency of the EU with regulatory and executive tasks in the field of civil aviation safety is not altered within the EU-28 and 4 associated countries until the UK’s withdrawal. 

EASA’s tasks within the EU-27 and 4 associated countries will continue seamlessly beyond the UK’s withdrawal. The overall aims of EASA’s operations remain untouched by the UK withdrawal.  

As the withdrawal and transitional agreement negotiations are currently underway EASA cannot yet determine the ultimate impact of the withdrawal on EASA or its stakeholders within the EU-27 and 4 associated countries or within the UK. The withdrawal will significantly alter EASA’s cooperation with UK authorities and will not leave EASA’s stakeholders untouched. 

As the withdrawal process evolves more certainties will emerge. We will reflect them by updating these webpages as appropriate.

Cooperating with UK authorities 

Our mission to provide safe air travel for EU citizens in Europe and worldwide comprises numerous tasks that entail close cooperation with the national aviation authorities of the EASA Member States.

In fact, the Basic Regulation contains various provisions that oblige EU Member State authorities to be involved in the uniform implementation of European aviation safety legislation in the EASA Member States.

Until the UK withdraws from the EU, EASA will continue its cooperation with the UK authorities within the scope of its responsibilities as defined in the Basic Regulation, including certification, standardisation and rulemaking.

The UK has the right to participate fully in the activities of EASA, continue to participate in all formal meetings and retain its speaking and voting rights. 

After withdrawal the UK will cease to participate in the activities of EASA and consequently the UK Civil Aviation Authority will no longer need to ensure compliance by UK-based companies with the EU aviation safety legislation.

Inform yourself on the EU-UK withdrawal negotiations 

It is the European Commission that conducts the withdrawal negotiations with the UK Government under a negotiating authorisation provided by the European Council. As an EU agency EASA is not party to these negotiations.

A dedicated “Task Force on Article 50 Negotiations with the United Kingdom”, headed by Chief Negotiator Michel Barnier, conducts the negotiations on behalf of the 27 other EU Member States.

The EU-27 have committed to conduct the withdrawal negotiations with the UK in a transparent fashion. You can find more information and consult the negotiating documents by visiting the Task Force’s official webpages via the link below.

Similarly, the UK Government is publishing its position papers on a dedicated website.
Related

In case of questions please contact us.

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