The European Commission Directorate-General for Mobility and Transport has confirmed the ramifications of the UK’s exit from the European Union (Brexit) on air transport.

In a “Notice to Operators,” issued Dec. 11, the Commission said—unless agreed otherwise—the UK will become a “third country” from 0000 local time on March 30, 2019, meaning European Union (EU) aviation law will no longer apply to the UK.

“The aviation sector is highly integrated and harmonized at Union level. The current market access and freedoms enjoyed by aviation stakeholders have been granted under Union law, including notably free and unlimited access to intra-EU air traffic. In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, all operators are reminded of certain legal repercussions stemming from currently applicable rules of Union law in the field of air transport when the United Kingdom becomes a third country,” the Commission said.

This will impact airline operating licenses, air transport agreements and aviation certificates.

To “obtain and keep” an EU operating license and access intra-EU air traffic rights, airlines must have their head office or registered office within an EU Member State and be majority owned and effectively controlled by EU interests.

“As of the withdrawal date, the operating licenses granted to airlines by the UK CAA will no longer be valid EU operating licenses. In order to continue benefitting from the freedoms of establishment and to provide air services within the EU internal market as of the withdrawal date, air carriers are advised to consider any measure required to ensure that the conditions for holding an EU operating license are complied with,” the Commission said.

UK carriers will no longer have access to air transport agreements between the EU and third countries, whether negotiated directly by the EU, or by the Member States acting jointly (as is the case with the EU-US bilateral). Likewise, EU carriers and third countries with EU agreements will no longer have traffic rights to, from and beyond the UK.

Finally, the Commission referred all questions related to aviation certificates, licensing and aviation safety (including aviation safety agreements) to EASA.

“Preparing for the withdrawal is not just a matter for Union and national authorities, but also for private parties. The Commission services stand ready to provide further clarifications to interested stakeholders,” the Commission said.

UK pilots’ union BALPA voiced its ongoing concerns over the implications of Brexit.

“Here it is in black and white from the EU Commission—UK flights to the EU will be grounded in March 2019 should no agreement be reached. We need the UK government to sort air traffic rights now. Once again, no deal is not an option,” BALPA general secretary Brian Strutton said.

In an earlier statement, issued Dec. 1, BALPA welcomed reports the UK is proposing to remain a member of EASA, the EU body responsible aviation licensing, regulation and safety, although BALPA added: “Exactly how this will square with the government’s red line regarding the jurisdiction of the European Court of Justice is not clear.”

Victoria Moores victoria.moores@penton.com