Regulation (EU) 2019/502 on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom from the Union

Summary:

Regulation of the European Parliament and of the Council of 25 March 2019 aiming to ensure the continuation of the provision of air services between the United Kingdom and the European Union following the UK's decision to withdraw from the Union.

Further information:

The freedom for the Member States' air carriers to provide intra-EU air services stems from Regulation (EC) No 1008/2008, which also lays down the rules for the licensing of those carriers. In the absence of any provisions to the contrary, air services between the UK and the Member States would cease to be governed by that Regulation upon the UK's withdrawal from the EU. Moreover, certain air carriers would cease to meet the conditions laid down in the Regulation to qualify as Union carriers.

This new Regulation thus has the objective to lay down provisional measures to govern air transport between the EU and the UK following the latter's withdrawal from the Union. These measures are intended to maintain basic connectivity for a short transitional period.

The Regulation was proposed in December 2018 as part of the preparedness and contingency plan put forward by the European Commission to mitigate the negative effects of the UK's withdrawal from the EU without the ratification of a withdrawal agreement. An informal agreement between the Council of the European Union and the European Parliament on a compromise text was reached on 19 February 2019. It was provisionally endorsed by ambassadors from Member States on behalf of the Council on 22 February.

Official

EUR-Lex: COM(2018)893: Proposal for a Regulation on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom from the Union https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:893:FIN

Council of the European Union: Press Release, 15/02/2019: Ensuring basic air connectivity in the event of no-deal Brexit: Council sets its position https://www.consilium.europa.eu/en/press/press-releases/2019/02/15/ensuring-basic-air-connectivity-in-the-event-of-no-deal-brexit-council-sets-its-position/

Council of the European Union: Press Release, 19/02/2019: Basic air connectivity in the event of no-deal Brexit: provisional agreement with the Parliament https://www.consilium.europa.eu/en/press/press-releases/2019/02/19/basic-air-connectivity-in-the-event-of-no-deal-brexit-provisional-agreement-with-the-parliament/

Council of the European Union: Press Release, 22/02/2019: Ensuring safe flying after Brexit https://www.consilium.europa.eu/en/press/press-releases/2019/02/22/ensuring-safe-flying-after-brexit/

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News

El País, 20/02/2019: Iberia gets six months to adapt to EU ownership rules in the case of a hard Brexit https://elpais.com/elpais/2019/02/20/inenglish/1550650057_671169.html

The Irish Times, 21/02/2019: Aer Lingus given six months to fix Brexit EU ownership issue https://www.irishtimes.com/business/transport-and-tourism/aer-lingus-given-six-months-to-fix-brexit-eu-ownership-issue-1.3800724

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