Representatives of the European Parliament and the Romanian Presidency of the Council of the European Union reached a provisional political agreement on Tuesday evening in Brussels regarding air transport measures to be taken at EU level to counter the consequences of the United Kingdom potentially exiting from the EU without an agreement (Brexit).
This agreement was reached after a single interinstitutional negotiation meeting ('trilogue') between the two parties.
This agreement echoes the European Commission's proposal of 19 December last year, which at that time envisaged measures in various areas to address some of the impact of a lack of agreement between the United Kingdom and the EU on Brexit (see EUROPE 12163).
In practice, this means ensuring that air carriers that are licensed in the United Kingdom can continue to provide services between the United Kingdom and the EU, subject to the implementation of equivalent measures by London in respect of EU actors.
The European Parliament and the Council had respectively defined their negotiating positions on this matter on February 13 and 15 (see EUROPE 12193, 12195). Despite some initial differences, the parties were therefore able to reach an agreement.
The transport of goods must therefore first be covered by this text for a period of five months after Brexit becomes effective. Secondly, as requested by the Council, air carriers should be able to operate flights subject to public service obligations for seven months after the United Kingdom has left the EU, pending the designation of another airline to do so.
In addition, if, as a result of a no-deal Brexit, a company no longer complies with the conditions of ownership and control of an undertaking by Member States or nationals of Member States in order to benefit from an operating licence as set out in Article 4 of Regulation 1008/2008, it will then have six months to comply with them.
Furthermore, negotiators broadly followed the Council's approach on code-sharing and the leasing of aircraft together with crew.
The final text must now be formally approved by the European Parliament and the Council of the European Union. (Original version in French by Lucas Tripoteau)