Scroll down the page to read ERA’s position on Brexit. 
Update
Latest update September 2020: The EU and the UK held negotiating rounds towards the end of August and during the first half of September. The next round of negotiations (ninth) is due to start on 29 September in Brussels and will try and narrow the differences between the two sides in a number of sensitive areas such as level playing field requirements, including the issue of state aid, judicial cooperation and enforcement and fisheries. Both sides have indicated that negotiations on a deal need to be completed during October if the trade agreement is to be concluded and ratified by the end of the transition period (31 December 2020).
July 2020: To help us support members and guide our lobbying work, ERA airline members with UK-related operations were asked to complete a survey on their concerns with regards to Brexit. The results, showing member concerns and the matters that need addressing, have now been collated and are available to members to download from the top of this page. The EU and UK have intensified negotiations on their future partnership and will hold further rounds of face-to-face negotiations in the week of 20 July in London (Round 5) and in the week of 17 August in Brussels (Round 6). Michel Barnier, the Chief Negotiator for the EU has recently indicated that a deal needs to be finalised by the end of October if it is to be ratified by the EU by the end of the year.
June 2020: Please find a document from new ERA member DeHavilland with some useful questions and answers on Brexit in the downloads section at the top of this page.
October 2019: The European Commission has adopted a regulation that amends the Regulation (EU) 2019/502 (the contingency regulation ensuring basic air connectivity in case the UK shall leave the EU without a deal) regards its period of application, meaning that instead of 30 March 2020, the regulation will cease to apply on 24 October 2020 at latest.
May 2019: Following the adoption of the so called contingency regulation (ensuring basic air connectivity in case of no-deal BREXIT) by the European Council and the Parliament at the end of March, ERA sent a letter addressed to DG MOVE seeking clarification regarding some of its provisions (related to ownership and control and traffic rights as well as the validity of the regulation). The key points of this regulation are:
- The European Union would be treated as a ‘bloc’ by the UK and not as individual nations.
- There will be unrestricted 3rd and 4th freedom traffic rights for all EU and UK airlines for the duration of the regulation, i.e. 12 months.
- 5th freedom traffic rights will apply to cargo flights only, for a period of 5 months.
- 5th freedom traffic rights will be subject to a summer 2018 capacity restriction.
- There will be a 6-month period for airlines to conform with the EU regulations on O&C.
04/12/2018: On behalf of ERA’s 205 members, ERA has called for urgent action in advance of the UK leaving the European Union. Recognising ERA’s 50 member airlines alone, 1.8 million routes across Europe will be effected in the event of a ‘no-deal’ Brexit, either directly or indirectly. Therefore, ERA is calling for a wide-reaching reciprocal aviation agreement between the EU and the UK to prevent serious harm to European connectivity. A ‘no-deal’ outcome could have disastrous consequences for the aviation industry, including the grounding of many flights across EU countries and the UK, as well as significant impact on many other critical areas of aviation, such as air services agreements, aviation safety and security, border management and the environment.
ERA’s position on Brexit remains unchanged – to ensure open and free traffic rights for all EU and UK carriers between the EU and the UK, that EASA regulations continue to apply to UK carriers and that the EU and UK carriers can continue to freely lease aircraft to each other without prior approval. Now is the time to definitively confirm a reciprocal agreement that protects the established pillars of European aviation.
There is clear evidence that improved air connectivity is a precondition for sustainable economic growth and an integrated aviation market in Europe has yielded significant benefits to the EU and the wider European market.
ERA urges the European Commission to put in place an agreement for aviation that mirrors the current situation with the UK as the highest priority, and to reach a solution as soon as possible that will allow airlines to continue operating as they do today, enabling Europeans to continue benefiting from affordable and stress-free travel.
Download ERA’s full paper on Brexit from the menu at the top right of this page.
17/05/2018: The European Union has published a governance framework for an EU-UK possible framework future solution on 15 May 2018. Please find it in the downloads section of this page.
In April, the Commission put out a notice to all stakeholders regarding the Withdrawal of the United Kingdom and the EU aviation safety rules. This is not in keeping with the ERA position on the matter - "Continued application of EASA regulatory standards to UK operators and undertakings to support common safety compliance and a competitive, harmonised supply chain (for aircraft parts and materials) across the wider European region." ERA continues to advocate a bespoke bilateral that would allow the UK continued membership of EASA under unprecedented measures, given the highly successful, bench marking nature of EASA to date.
15/03/2018: An article on Brexit recently featured in ERA's Regional International magazine is available for download from the top of this page.
23/02/2018: The latest Brexit brochure can be downloaded from the button above.
On 7 February, the European Commission’s Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50TEU published a position paper on ‘Transitional Arrangements in the Withdrawal Agreement’. It translates into legal terms the principles laid down in the European Council Guidelines of 29 April and 15 December 2017 and in the supplementary negotiating directives annexed the Council Decision of 29 January 2018. The paper is available to be downloaded from the top of this page.
In December 2017, the European Commission’s Directorate-General for Mobility and Transport (DG MOVE) issued a ‘Notice to operators subject to Union legislation in the field of air transport’ regarding Brexit.
Aviation is at the top of the priorities together with employment, borders and visas, and consumer protection and this document acknowledges the special circumstances of air transport. The document refers operators to Regulation EU1008/2008 under which Community air carriers are governed with specific reference to the legal repercussions in the field of air transport.
There is still a high level of ambiguity and uncertainty and ERA is lobbying to request clarification to allow operators to plan and book slots for 2019 and beyond. ERA continues to lobby for a fair and fitting Brexit result. The general consensus in the industry is for an open bilateral EU–UK. Further information and announcements will be given to all ERA members the new year. A copy of ERA’s position paper on Brexit is also available to be downloaded at the top of this page.
ERA's current position
ERA's Brexit position paper is available to download at the top of this page.
As a pan-European association with a membership wider than the EU, ERA does not normally involve itself in decisions taken by a particular European country. However, the UK’s decision to leave the European Union will have an impact beyond the UK and will have an effect across the ERA member network.
The ERA Board adopted a resolution at the October 2016 meeting in Madrid, calling the UK and EU authorities to work towards a solution ensuring:
• Full and open traffic rights between the EU and the UK as currently allowed in EU regulation 1008/2008,
• UK registered carriers continue to retain the rights allowed for in EU regulation 1008/2008,
• Continued application of EASA rules and regulations to UK operators and companies based in the UK to create a common European regulatory framework.
The UK Department for Transport and Civil Aviation Authority have constituted a stakeholder working group in order to provide regular updates on UK Government plans for developing air transport agreements and to discuss access to the EU Single Aviation Market. ERA has secured a place on this group and will update members as to progress.
The EU and the UK began historic negotiations on the 19 June 2017 to facilitate the orderly withdrawal of the UK from the EU after over 40 years as a member state. Initial discussions (Phase 1) have revolved around three key policy areas, the mutual rights of British citizens living in the EU and vice versa, the financial settlement and the Irish border. It has been agreed, by both EU and UK (reluctantly) negotiators that an accord will be reached in terms of these fundamental areas prior to further negotiations, including trade and future relationships, leaving industry on both sides of the channel anxious and frustrated.
In response, following extensive research and consultation with our members, ERA has produced a position paper on Brexit, designed to assist policymakers and those involved in the negotiations of the future arrangements between the EU and UK. The position paper is now available to download at the top of this page. This will be followed up by an intense lobbying campaign on behalf of our member base.
ERA continues to be an advocate for the aviation industry throughout the process, however no process can proceed until the EU has decided that ‘sufficient progress’ has been made regarding the aforementioned key policy areas. This decision is due in October at the European Summit. ERA has held meetings with the aviation representative from the EU Task Force for the Preparation and Conduct of Negotiations to ensure our member concerns are outlined and understood. ERA will continue to meet with EU negotiators to lobby our members’ position on the matter. Further meetings are diarised for meeting with DfT, DexEU representatives to present our policy paper, again to ensure ERA member concerns are present throughout negotiations. As part of our continuing monitoring process, ERA attended the DfT Aviation EU Exit Stakeholder Workshop in late September.
Contact
For further information please contact policy.technical@eraa.org