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Provisions on Permits for Scheduled Air Services, Entry Permissions and Flight Schedule Approvals in Case of Brexit
Date 2019.03.25
The LBA informs on how to deal with permits for scheduled air services, entry permissions and flight schedule approvals in the event of a hard Brexit (The United Kingdom of Great Britain and Northern Ireland leaving the EU without a withdrawal agreement).
When the United Kingdom of Great Britain and Northern Ireland (UK) exits the EU, it becomes a third country. In case of a no-deal scenario (exit without a withdrawal agreement), Great Britain directly leaves the European Common Aviation Area. The common rules for air services to and from third countries therefore apply, provided that no explicit special agreement has been made.
Such a (partial) special agreement is Regulation (EU) 2019/502 of the European Parliament and the Council of 25.03.2019 on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (Official Journal L85I/49). (Publication pending).
I. Air carriers of the United Kingdom of Great Britain and Northern Ireland
Air carriers of the United Kingdom of Great Britain and Northern Ireland (UK air carriers) must hold a valid Third Country Operator (TCO) authorisation issued by EASA.
For more details refer to our websites on scheduled air services and charter flights from non-EEA member states.
Scheduled Air Services
UK air carriers must hold an operating permit. They must also submit their flight schedule.
The documents shall be submitted at least 30 days prior to commencing scheduled air services to and from Germany. For further information on the procedure and on which documents need to be submitted, please refer to our website for scheduled air services from non-EEA member states.
Charter Flights
Permission is also required. For further information on the procedure and on which documents need to be submitted, please refer to our website for charter flights from non-EEA member states.
Traffic Rights
The legal basis to perform scheduled and non-scheduled air transport services is Regulation (EU) 2019/502 of the European Parliament and the Council of 25.03.2019 on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (Official Journal L85I/49). The Regulation strives at ensuring basic air connectivity for a limited period of time. The Regulation does not include the preservation of the status quo.
The granting of rights specified under this Regulation depends on equivalent rights granted by the United Kingdom to Union air carriers and special conditions in order to ensure fair competition. The rights can be subsequently limited/suspended on the basis of implementing acts (refer to Articles 8, 9 and 12 of the Regulation). The Regulation covers among others the following services (for details refer to the provisions in Article 4, 5 and 6)
- overflights
- technical stops
- third/fourth freedom air transport services between the UK and Germany (passengers, all-cargo and combined services)
- 'Code-share' flights either as a marketing or operating carrier with a Union carrier, a UK carrier or a third country carrier provided that all carriers involved have the same traffic rights and this would not result in rights exercised other than those determined under Article 4 paragraph 1.
- Temporarily (max. 5 months) limited fifth freedom all-cargo services via the UK to/from third countries. The total seasonal capacity to be provided by UK carriers for those services shall not exceed the total number of frequencies operated by those carriers for those services during the IATA winter and summer seasons of the year 2018, respectively, pro rata temporis.
- All of the aforementioned air transport services, may, where appropriate, also be provided with dry-lease aircraft or wet-lease aircraft of an UK air carrier. Air transport services with wet-lease aircraft of another country may be conducted as far and as long as the leasing is justified on the basis of exceptional needs, seasonal capacity needs or operational difficulties. Relevant details should be already disclosed in the application.
II. EU air carriers
Scheduled Air Services
In case of a no-deal scenario, air carriers of the European Union must hold an operating permit for scheduled air services to the United Kingdom. For further information on the procedure and on which documents need to be submitted, please refer to our website for scheduled air services of German air carriers. These provisions shall also apply for air carriers from other EU member states. Exercising the permission to conduct scheduled air transport services is subject to an effective authorisation given by the United Kingdom, granting the respective rights.
Charter
Charter flights of German and EU air carriers to the United Kingdom do not require any authorisation by the LBA.
Air Traffic Rights
The United Kingdom has published on 7 March its policy on air services from the EU to the UK: UK position on reciprocity of rights for airlines from EU countries, and the basis on which flights will continue in the event of ‘no deal’