PURPOSE: to continue to ensure a high level of air safety in EU airspace in the event that the United Kingdom leaves the EU without a negotiated agreement.

LEGISLATIVE ACT: Regulation (EU) 2019/494 of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union.

CONTENT: the Regulation establishes a mechanism to temporarily extend (for 9 months from the date of application of the Regulation) the validity of certain aviation safety certificates in the absence of a withdrawal agreement from the United Kingdom from the Union in order to allow sufficient time to issue the necessary certificates under Regulation (EU) 2018/1139 to take account of the United Kingdom's status as a third country.

The Commission may extend the period of validity of licences by means of delegated acts.

The Regulation concerns aviation safety certificates for certain aeronautical products, parts and appliances issued to natural and legal persons having their principal place of business in the United Kingdom and certificates issued by providers of aviation training services which are valid on the day before the date of application of the Regulation.

As regards the training of pilots and mechanics, the competent authorities of the Member States or the Agency, as applicable, shall take account of the examinations taken in training organisations that are subject to oversight by the competent authority of the United Kingdom but which have not yet led to the issuance of the license prior to the date of application, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

ENTRY INTO FORCE: 28.3.2019. The Regulation shall apply from the day following that on which the Treaties cease to apply in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union. Some provisions are applicable from the date of entry into force of the Regulation.

Regulation 2019/494
OJ L 085I 27.03.2019, p. 0011

00017/2019/LEX

GEDA/A/(2019)002801

The European Parliament adopted by 658 votes to 8, with 4 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union.

The European Parliament adopted its position at first reading in accordance with the ordinary legislative procedure.

The proposal aims to put in place a mechanism to temporarily extend the validity of certain aviation safety certificates (for 9 months) in the absence of a withdrawal agreement by the United Kingdom from the Union in order to allow sufficient time for the operators concerned and the European Union Aviation Safety Agency (EASA) to issue the certificates required by Regulation (EU) 2018/1139, in order to take into account of the United Kingdom's status as a third country.

The rules and obligations concerning certificates governed by the Regulation shall apply to both holders and issuers of certificates.

The Commission may adopt delegated acts in order to extend the period of validity of the certificates referred to in Section 1 of the Annex to the Regulation.

As regards the training of pilots and mechanics, the competent authorities of the Member States or EASA may, by way of derogation, take into account examinations taken in training organisations subject to oversight by the competent authority of the United Kingdom but which have not yet led to the issuance of the license prior to the date of application of this Regulation as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

T8-0168/2019

COM(2018)0894

CES0443/2019

Results of vote in Parliament

The European Parliament adopted by 603 votes to 103, with 5 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union.

The matter was referred back to the committee for interinstitutional negotiations.

Through their amendments, Members specified that the rules and obligations concerning certificates governed by the Regulation under discussion shall apply to both holders and issuers of certificates.

The competent authorities of the Member States or the Agency, as the case may be, shall take account of the examinations taken in training organisations subject to oversight by the competent authority of the United Kingdom but which have not yet led to the issuance of the license prior to the date of application referred to in this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

T8-0107/2019

The Committee on Transport and Tourism adopted the report by Kosma ZŁOTOWSKI (ECR, PL) on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union.

The proposal aims to put in place a mechanism to temporarily extend (for 9 months) the validity of certain aviation safety certificates in the absence of an agreement to withdraw the United Kingdom from the Union.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Members specified that the rules and obligations concerning certificates governed by the Regulation under discussion shall apply to both holders and issuers of certificates.

A8-0061/2019

PURPOSE: to avoid a total interruption of air traffic between the EU and the United Kingdom in the absence of an agreement to withdraw the United Kingdom from the Union.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: on 13 December 2018, the European Council (Article 50) renewed its call to intensify work on preparing, at all levels, for the consequences of the United Kingdom's withdrawal from the Union, taking into account all possible outcomes. In response to this call, this Regulation is part of a package of emergency measures proposed by the Commission in view of the uncertainty in the United Kingdom regarding the ratification of the withdrawal agreement.

The principal objective of Regulation (EU) 2018/1139 of the European Parliament and the Council is to establish and maintain a high uniform level of aviation safety in the Union. For that purpose, a system of certificates has been established for various aviation activities, in order to achieve the required safety levels and to enable the necessary verifications and the mutual acceptance of certificates issued.

The withdrawal of the United Kingdom from the Union without an agreement affects in particular the validity of certificates and licenses originating from the United Kingdom issued under Regulation (EU) 2018/1139.

The Commission proposes therefore to set up a temporary mechanism, to extend the validity of certain aviation safety certificates, in order to allow the operators concerned and the Agency sufficient time to issue the necessary certificates under Article 68 of Regulation (EU) 2018/1139, taking account of the United Kingdom's status as a third country.

CONTENT: the proposal aims to put in place a mechanism to temporarily extend (for 9 months) the validity of certain aviation safety certificates in the absence of an agreement to withdraw the United Kingdom from the Union. It would thus allow post-Brexit EU-27 manufacturers to continue their production and operators to continue to use these products in accordance with the applicable EU legal requirements.

This Regulation shall apply to the certificates listed in the Annex to this Regulation, which are valid on the day preceding the date of application of this Regulation and which have been issued by any of the following:

- the European Union Aviation Safety Agency, to natural or legal persons having their principal place of business in the United Kingdom as set out in Section 1 of the Annex;

- natural or legal persons certified by the competent authorities of the United Kingdom as set out in Section 2 of the Annex.

The Commission shall have the power to adopt delegated acts in order to extend the period of validity of the certificates referred to in Section 1 of the Annex to the Regulation.

Lastly, the content and exams of certain trainings addressed under the proposal are regulated in a detailed manner under Union law and consist of standardised modules, which should normally be completed in one Member State, before a transfer to another Member State jurisdiction is possible.

COM(2018)0894
EUR-Lex