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Brexit and general aviation, UK leaving EASA, etc (merged)

Of course the previous debate (here) about what happens between Ireland and Northern Ireland is now really going to happen!

I really hope it won’t, but I find it hard to see how we won’t have border controls between the Republic and Northern Ireland. The border becomes an EU frontier border, so I’m sure that the EU will insist on controls there. The only alternative is customs controls on people leaving the Republic going to other EU countries which would be contrary to all the EU agreements, and would be tantamount to Ireland leaving the EU too.

I really hope that the UK gets a good trade deal from the EU (It will be bad for Irish business if trade with the UK becomes more difficult), but I doubt that it will get a good deal. The EU can’t afford to have the UK get a positive outcome, for fear of it encouraging other states to leave.

There are calls this morning for a vote in Northern Ireland to leave the UK and join the republic, but unlike Scotland, the vote was much closer in Northern Ireland, and it’s deeply deivided. I’m not sure that the Republic could afford Northern Ireland right now, or if there would be any will to pay for it!

EIWT Weston, Ireland

dublinpilot wrote:

I’m not sure that the Republic could afford Northern Ireland right now, or if there would be any will to pay for it!

I think the EU will gladly pay for everything involved in re-uniting Ireland.

EDDS - Stuttgart

Rwy20 wrote:

But even then, this bilateral agreement wouldn’t have legal value against a citizen

The EU regulations themselves have no legal binding whatsoever in Norway. That is until, there exists a Norwegian regulation explicitly saying this and that EU regulation are valid legally. For GA (certified GA only to be specific), this is the case for part FCL, part NCO and SERA. For experimentals, part NCO is not valid, we have our own regulations, the old ones. SERA is by now enough modified so that it is exactly the same as the old regulations for all practical purposes (NVFR regulations was changed 1/2 a year ago, so that is also as it used to be).

Part FCL is probably the only regulation that is “all” EU, which right now bothers me a bit. I have had JAA license up until now. The license has to be renewed within 5 years, and I opted for “conversion” to EASA, since my license expires on the 26th this month. I am wondering if I have done something stupid? but is JAA = EASA, or are all JAA licenses automatically converted to EASA?

The elephant is the circulation
ENVA ENOP ENMO, Norway

U.K. will probably seek to join EFTA or have bilateral agreements with the EU as Switzerland has. EFTA allows a certain freedom of movement of people although it is not a customs union.

Last Edited by CKN at 24 Jun 11:06
CKN
EGLM (White Waltham)

Peter wrote:

So far as I know, all N-reg pilots based in

Norway
Switzerland
Channel Islands
Isle of Man
other non EU countries in “Europe”
have been totally clear that this bit of EASA FCL doesn’t apply to them, due to the word “Community” and the lack of EU membership of their country.

Only a court of law can decide such things IMO. It will remain unclear until the day that happens. In any case, only EASA aircraft are allowed to stay here indefinitely, there is a 6 month rule for N-regs.

The elephant is the circulation
ENVA ENOP ENMO, Norway

LeSving wrote:

but is JAA = EASA, or are all JAA licenses automatically converted to EASA?

There is no JAA any more. You either get an EASA licence or a national one. Some countries still offer “ICAO” licenses as an option, but these are not recognised everywhere.

EDDS - Stuttgart

OK, but that is a national law in Norway, which is clear.

My point in the “EASA FCL N-reg” debate is that if you have:

  • the EASA reg says “residing in the Community”, and
  • country X has a law saying “we comply with EASA FCL”, and
  • country X is not in the EU

then that particular bit of EASA FCL does not apply.

Norways bans this explicitly but this is almost unique in Europe. Denmark is the only known other one. Switzerland and the UK have no such reg. UK and France proposed it in 2004/2005 and dropped it.

Administrator
Shoreham EGKA, United Kingdom

CKN wrote:

U.K. will probably seek to join EFTA or have bilateral agreements with the EU as Switzerland has. EFTA allows a certain freedom of movement of people although it is not a customs union.

Schengen is such an agreement. But in Scandinavia we are free to live, work, move, go to school, go to hospitals etc even though Sweden and Denmark are EU, and Norway is not. There haven’t been a requirement for passports since WWII, or just after. It’s been like this as long as I can remember, and long before EU. Yet, customs are in place, and always have been (as long as I can remember). There is no direct connection between customs, freedom of movement, passports etc

The elephant is the circulation
ENVA ENOP ENMO, Norway

Rwy20 wrote:

The EEC was dissolved in 2009

I confused with EEA European Economic Area – so no community.

LFPT, LFPN

Peter wrote:

We did that here before, and I don’t agree this applies, because the word used is “Community” which means the EU.

AIUI, in regulations of EEA relevance, the Community also covers EEA states after the regulation has been incorporated into the EEA Agreement. Which makes the Switzerland an interesting case. I have no idea how it works there. They have to implement those regulations at a national level since they’re not in the EU AIUI (that goes for all of them, EEA or not). But I have no idea whether Switzerland is considered part of the Community for the purposes of those regulations; for example, in REACH, Switzerland is considered outside the Community while Norway inside (because it’s in EEA) AFAIK (but my info might be outdated).

Peter wrote:

But the UK has not done that. Maybe they will, maybe not.

Well, if the UK decides to stick with EASA, the regulations will have to be implemented at a national level. That much is pretty certain because EU member states don’t have to do that, they apply automatically (meaning UK probably doesn’t have national laws that mirror EASA regulations). How exactly will those laws be written and whether UK will be part of the Community, who knows.

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