The UK-EU trade deal, announced on 24 December 2020, includes agreements on air transport and aviation safety which are due to come into effect at 23.00 GMT on 31 December 2020 when the UK ceases to take part in the EU Aviation Safety Agency (EASA) and other EU institutions.

While the agreements involve some elements of continuity, they do not constitute a replication of the UK’s regulatory arrangements as part of the EASA/EU framework and many sections of the aviation and aerospace industries will face changes after 31 December, as this microsite sets out.

We will study the detail of the new agreements and will update relevant pages of the microsite as information becomes clearer about how the new arrangements will work in practice. We will notify stakeholders of the updates through the SkyWise alert system. If you haven’t already done so, please subscribe to the EU exit category in the SkyWise system: skywise.caa.co.uk

Organisations (Part 145) maintaining aircraft might need to take action to maximise stability for the aviation sector. Actions required depend on individual circumstances and are a matter for each business and individual. This page sets out what you need to consider.

Update - The UK CAA has developed a flowchart pack to aid Airworthiness organisations in understanding what certification can be accepted once UK participation in EASA and EU institutions ends on 31 December 2020.

PART-145 MAINTENANCE OF AIRCRAFT – UK APPROVED

Will my organisation approval continue to be valid with the UK outside the EU?

Yes, as a UK-approved Part-145 holder your approval will remain valid with the same scope of work as previously. There is no need for a new certificate, as it was issued by the UK CAA (not EASA). The UK CAA will arrange for an updated certificate to be issued the next time you change your approval or when the normal two yearly recommendation is made by the CAA to continue the approval. This will remove the references to EASA.

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Will my organisation continue to be able to certify UK-registered aircraft?

Yes, as a UK-approved Part-145 holder, you will be able to continue to certify UK-registered aircraft as your approval will still be valid.

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Will my organisation continue to be able to certify EU-registered aircraft?

To continue to certify EU-registered aircraft you will also need to hold an EASA Part 145 approval. The European Commission has said previously that the UK would be considered a third country. EASA has previously said that it would accept third country applications from UK holders of Part 145 approvals. Organisations will need to decide whether they wish to retain both a national and an EASA approval. Further details regarding the EASA application process can be found on this link.

A UK- Part-145 will be needed to continue to certify UK-registered aircraft. Organisations will need to retain their UK approvals should they wish to access the benefits of any Bilateral Air Safety Agreement the UK has in place with third countries. Having a third country approval from EASA is unlikely to give you access to the benefits of the EU’s current Bilateral Air Safety Agreements.

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My UK based organisation has applied for a third country approval from EASA. Will EASA accept UK Part 66 licences to support the approval?

Being outside the EU, the UK will be classified as a third country, Part 145 has provision to use non-EASA licences to support an approval issued in third countries. This is set out in Part 145.A.30 (j) paragraphs 1, 2 and Appendix IV. Certifying staff may be qualified in accordance with the national aviation regulations of the state in which the organisation facility is registered. Further details regarding the EASA application process can be found on this link.

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How can my organisation continue to maintain/certify US, Canadian or Brazilian registered aircraft?

After 31 December 2020, the EU air safety bilateral agreements will cease to be effective in the UK.

The CAA and US’s FAA have agreed a new bilateral that will come into force.This can be found here

The CAA and Transport Canada have also agreed a new bilateral; and new agreements have been developed directly between the UK and Japan's Civil Aviation Bureau, ANAC of Brazil and CAA of Singapore. Details of all can be found here.

The aim of all these agreements is to establish working arrangements which would provide a similar framework as has existed previously.

 

 

 

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How can my organisation continue to maintain/certify non-UK registered aircraft?

Your organisation will need to apply for an EASA-approval if your organisation intends to maintain aircraft registered in the EASA member states.  Other non-European states of registry may accept CAA issued approvals.

You are advised to contact EASA or the State of Registry NAA as soon as possible to discuss the application process in this scenario.

EASA has said previously that it would accept third country applications from UK holders of Part 145 approvals. Organisations will need to decide whether, with the UK outside EASA and if no mutual recognition of safety certificates, they wish to retain both a national and an EASA approval.

The CAA will continue to recognise EASA certificates current and valid on 31 December 2020 for an initial period of up to two years.

Organisations will need to retain their UK approvals should they wish to access the benefits of any Bilateral Air Safety Agreement the UK has in place with third countries. Having a third country approval from EASA is unlikely to give you access to the benefits of the EU’s current Bilateral Air Safety Agreements.

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If my company has an approval to maintain aircraft registered outside the EASA Member States, will it continue to be valid?

This is a decision for the National Aviation Authority of the state of registry. Please contact as soon as possible the specific NAA directly.

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Will I be able to continue to issue EASA Form-1 certificates under my UK approval?

You will no longer be able to issue EASA Form 1 certificates. The UK will issue CAA Form 1 certificates independent of the EASA system.

The Form is to be completed in accordance with the existing Instructions and AMC/GM, with the exception that the Authority information in the header and the Form Reference itself (CAA Form 1 rather than EASA Form 1) is changed. 

 A word version of the new UK form is available here: CAA Form 1

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What will the CAA Form 1 look like?

A sample template is available here: CAA Form 1

As can be seen, the technical information remains unchanged. The form is to be completed in accordance with the existing instructions and AMC/GM with the exception that the Authority information in the header and the Form Reference itself (CAA Form 1 rather than EASA Form 1) will change.

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UPDATE: Can I fit a component released under an EASA Form 1 or equivalent to a UK registered aircraft?

Yes, these components could continue to be fitted to a UK-registered aircraft, subject to the following limitations:

  • Components released on an EASA Form 1 before 1 January 2021 can continue to be fitted until 31 December 2022
  • Components released on an EASA Form 1 after 31 December 2020 issued by organisations located outside of the UK can continue to be fitted subject to the conditions listed in ORS4 No.1452 here

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If my company employs Part 66 certifying staff with UK issued Part 66 licences, can they continue to certify under my UK 145 approval?

Yes, they can continue to certify under a UK approval. The UK issued Part 66 licence will remain valid, and there is currently no need for re-issue of the licence.

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If my company employs Part 66 certifying staff with Non-UK issued Part 66 licences in the UK, can they continue to certify under my UK 145 approval?

Yes, they can continue to certify under the UK approval, but only for a period of up to two years. After that, the engineer will need to obtain a licence from the CAA. 

The CAA will provide an application process for EU EASA licence holders to apply for a UK licence.

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PART-145 MAINTENANCE OF COMPONENTS & SPECIALISED SERVICES – UK APPROVED

With the UK outside EASA, will my organisation approval continue to be valid?

Yes, as a UK-approved Part-145 holder your approval will remain valid with the same scope of work as previously. There will be no need for a new certificate as it was issued by the UK CAA (not EASA). The UK CAA will arrange for an updated certificate to be issued the next time you change your approval or when the normal two-yearly recommendation is made by the CAA to continue the approval. This will remove the references to EASA.

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Will I be able to continue to issue EASA Form-1 certificates under my UK CAA approval?

You will no longer be able to issue EASA-approved Form 1 certificates. The UK will issue Form 1 certificates independent of the EASA system. 

A template of the new UK Form 1 is available here: UK Form 1

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UPDATE: Will Form 1 certificates issued by CAA approved organisations be accepted by EASA for use on EU-registered aircraft?

Under the terms of the UK-EU trade and cooperation agreement, a CAA Form 1 issued by a CAA-approved Production Organisation* will be accepted. A CAA Form 1 issued by CAA approved Maintenance Organisations will not be accepted.

Note: * A CAA form 1 issued under a production approval will have Block 13 completed and Block 14 greyed out.

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Will Form 1 certificates issued by UK organisations be accepted by third countries?

This is a decision for the National Aviation Authority (NAA) of the state of registry. Please contact the specific NAA directly as soon as possible.

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UPDATE: Can I still use parts released under EASA Form 1 in order to complete maintenance, repairs and/or modifications to components?

Yes, these components could continue to be fitted to a component released under a CAA Form 1 subject to the following limitations:

  • Components released on an EASA Form 1 before 1 January 2021 can continue to be fitted until 31 December 2022
  • Components released on an EASA Form 1 after 31 December 2020 issued by organisations located outside of the UK can continue to be fitted subject to the conditions listed in ORS4 No.1452 here
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PART-145 MAINTENANCE OF AIRCRAFT BY ORGANISATIONS LOCATED OUTSIDE THE UK

UPDATE: Will my organisation be able to certify UK-registered aircraft?

From the 1 January 2021 EU/EASA approved maintenance organisations must transition to using CAA Decision No. 3 or gain a UK approval to enable the release of a UK-registered aircraft.

Only an aircraft maintenance organisation that has its principal place of business outside the UK may use CAA Decision No. 3.

The CAA considers that an organisation operating in this way is acting in accordance with “Practice 3” of the EASA document dated 20 March 2013.

Please note that UK operators may insist that their maintenance providers obtain approval from the CAA as part of their commercial arrangements. This is at the discretion of the operator. For organisations wishing to apply for an approval by the CAA, please see the third country application page on the CAA website for further details.

 

 

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My organisation has facilities in the EU and within the UK. Can I accept UK issued Part 66 licences?

The UK will be classified by EASA as a third country. Part 145 has provision to use non-EASA licences to support an approval issued in third countries. This is set out in Part 145.A.30 (j) paragraphs 1, 2 and Appendix IV. Certifying staff may be qualified in accordance with the national aviation regulations of the state in which the organisation facility is registered.

You are advised to contact the relevant NAA as soon as possible to discuss the approval process in this scenario.

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PART-145 MAINTENANCE OF COMPONENTS & SPECIALISED SERVICES BY ORGANISATIONS LOCATED OUTSIDE THE UK

Will my organisation still be able to issue an EASA Form 1 to a product or component that has been removed from or is going to be fitted to a UK registered aircraft?

Yes, as the current EASA system allows for components removed from aircraft registered in third countries to be maintained and released with an EASA Form 1 providing the component complies with Regulation (EU) No 1321/2014.

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AIRWORTHINESS DIRECTIVES

How does the UK leaving EASA affect the application of Airworthiness Directives for the UK-registered aircraft that I own, operate or manage?

 

All EU regulations current and valid on 31 December 2020 are retained in UK domestic legislation, including Regulation (EU) No 1321/2014, Part M. This means owners, operators and Continuing Airworthiness Management Organisations (CAMOs) must continue to review and apply applicable Airworthiness Directives to their respective fleets based on requirements for the aircraft and its engines, propellers and equipment as set out in CAP 747 Mandatory Requirements for Airworthiness. 

Issue 4 of CAP 747 has been updated to reflect the new UK-EU framework. 

Section 1, Part 1 provides new flowcharts to assist in identifying the applicable mandatory requirements for airworthiness relating to your product. The revision history in CAP 747 provides more details on the changes to the CAP.

You can view CAP 747 here: www.caa.co.uk/CAP747 

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With the UK outside EASA, has the classification of aircraft in CAP 747 changed?

Issue 4 of CAP 747 has been published to reflect the new UK-EU regulatory arrangements.

Each aircraft type is categorised as either:

  • a “Part 21 aircraft”; an aircraft that is included in the scope of Regulation (EU) 2018/1139 (as retained by The European Union (Withdrawal) Act 2018); or
  • a “non-Part 21 aircraft”; an aircraft that is subject to the Air Navigation Order.

The CAA will ensure any mandatory requirements for UK-registered aircraft are reflected within CAP 747 and also made available via the CAA website Airworthiness Directive page. For enquiries relating to ADs, please email ad.unit@caa.co.uk

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