ABSTRACT
Because the WTO offers no fall-back position for aviation, Brexit could have led to serious disruptions in air transport services. To avoid such a scenario, temporary contingency measures were adopted that would have applied in case of a ‘hard Brexit’ and, although they did not enter into force, it is worth examining the opposing positions put forward by the Member States and the Commission on external competences issues. Those original debates form the prelude to the manner in which the air traffic relations between the EU, its Member States and the UK will be negotiated for the period after 2020. At the same time, the threat of a ‘hard Brexit’ looms again if such agreements cannot be reached in time. Could the contingency measures be used in such a case? This chapter also looks into other aspects worth looking into where Brexit and air traffic are concerned. While the UK’s exit from the single aviation market means that the country is taking back control over its aviation policy, this could come at considerable costs, notably for its aviation industry and national Civil Aviation Authority (CAA). Paradoxically, the discontinuation of the UK’s membership of the European Aviation Safety Agency (EASA) could reduce the UK’s influence on the shaping of global aviation standards. Furthermore, the measures that several UK airlines took in order to meet the EU ownership and control rules are examined. Finally, some of the prospects of concluding new EU–UK aviation agreements before the end of 2020 are touched upon.
