WORDS IAN SKUSE
LEGAL
T
HERE IS CONTINUING anxiety in the aviation and aerospace sector in the UK that a “no-deal” Brexit would be the worst
possible outcome – one that could have dramatic effects on flight operations on and after 29 March 2019, the date when the exit happens.
As precautionary measures, the UK government and the CAA have each produced initial guidance to problems that might be experienced if agreement is not reached. On 24 September 2018, the government issued technical notices concerning the effects of a non-negotiated withdrawal from the EU on aviation and aerospace issues, covering aviation safety and security, and air services.
UK AIRCRAFT ARRIVING
INTO THE EU MAY BE SUBJECT TO SEARCHES
Shortly after, the CAA brought out a new microsite (
info.caa.co.uk/eu-exit/) with the option to subscribe to updates on
skywise.caa.
co.uk. These sites provide stakeholders and other interested parties with the latest updates on these issues. These sites also highlight current perceived problems, and provide guidance to airlines and others about the steps to take. The CAA microsite confirms, among other things:
buyingbusinesstravel.com
THE ‘NO-DEAL’ BRE XIT PL AN
Guidance is being issued on aviation in the event of Brexit without agreement
■ Air Operators Certificates (AOCs) will remain valid.
■ UK-based AOCs will be considered third-party operators under EU laws and regulations. Airlines will require safety authorisation from the European Aviation Safety Agency (EASA). It is not known whether authorisation would be given prior to 29 March 2019. Airlines are advised to contact EASA.
■ UK carriers will no longer have traffic rights to other states (due to earlier negotiations this would include Canada and the US). The government is actively seeking to negotiate air service agreements.
■ Carriers will need route licences and should apply to the CAA.
■ Aircraft arriving into the EU from the UK may be subject to security searches and passengers connecting with flights at an EU airport may have to have baggage screened.
■ Regulation 261/2004 concerning cancellation and delays will remain. The government’s preferred outcome in its negotiations with the EU is to remain a member of EASA, but if this
is impossible there should be a mutual recognition for “an agreed period”, to maintain confidence in the aviation sector. However, after Brexit, one possible scenario is the non-mutual recognition of UK safety licences, certificates and approvals which may prevent airlines from operating flights from the UK into the EU and elsewhere. Meanwhile, ABTA has researched the perception
of travel after Brexit with consumers: 48 per cent consider travel is likely to be harder after Brexit, while around half of respondents believe the costs of travel would increase. Customers would be entitled to recover the cost of any package holidays they purchase which are cancelled due to Brexit, but without any component for compensation.
GDPR REARS ITS HEAD A fine of £120,000 has been imposed upon Heathrow Airport following an employee losing a memory stick containing data, which was found by a member of the public. The memory stick contained more than 1,000 files and was neither encrypted nor password protected. Some of the personal data was sensitive and included employee details. Of some concern was that the data also included security
information for politicians and foreign dignitaries, including the travel arrangements of the royal family. This serves as a reminder for compliance with GDPR, written procedures and proper management of data.
Ian Skuse is a partner in Blake Morgan’s Travel team (
blakemorgan.org.uk) He welcomes your feedback:
ian.skuse@
blakemorgan.co.uk
2018 NOVEMBER/DECEMBER 117
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123
