The New UK: What Does Brexit mean for EASA 145s Releasing UK-Registered Aircraft?

January 1, 2021 is looming. On that date we face the new post-Brexit protocols for UK civil aviation.

In just a few days, the Brexit Transition Period will end. When that happens, aircraft registered in the UK will be considered “third country” aircraft under EU law. The UK CAA has taken a number of steps to protect the airworthiness of those aircraft on the international stage, including the signing bilateral agreements with several ‘third countries:’

Maintenance done in the US or Canada on UK-registered aircraft will follow the protocols laid-out in these agreements. But what about EASA-145 repair stations outside of these jurisdictions?

UK CAA has done what it can to ensure that airworthy work that was acceptable before the end of the Transition Period will continue to be acceptable after the end of that period. In support of that, UK CAA continues to issue specialized guidance in support of smooth transitions. The most recent guidance in this regard is a UK CAA statement that explains how an EASA-145 repair station can release a UK-registered aircraft.

The foundation for this is EU interpretation 2013(D)51397 that states that when the law of the state of registry (the UK, in this case) permits reliance on EASA 145 repair stations, then it is acceptable for that repair station to release the aircraft under its EASA 145 certificate (see practice three).

Under the UK CAA guidance, the following text should be used for the release:

An EASA Part-145 organisation that issues a certificate of release to service after Exit day may continue to use its EASA/National approval number. 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.

The certificate of release to service should include the following statement:

‘Certifies that the work specified, except as otherwise specified, was carried out in accordance with Part-145 under the national aviation law of the UK and in recognition of the organisation’s EASA Part 145 approval, and in respect to that work the aircraft is considered ready for release to service’.

Signed: XX.145.XXXX

Alternatively, it is also acceptable to the CAA to use the following statement:

‘Certifies that the work specified, except as otherwise specified, was carried out in accordance with Part-145 and in respect to that work the aircraft is considered ready for release to service’.

Signed: XX.145.XXXX

UK – EU Transition – CAA Decisions No. 3 (22 December 2020).

This position helps to validate that on January 1, 2021, EASA-145 repair stations do not need to change their aircraft parts purchasing practices solely on account of the end of the Brexit Transition Period, because they are able to continue to operate under their EASA 145 certificates and sign off for UK-registered aircraft under those same certificates.

About Jason Dickstein
Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. Since 1992, he has represented aviation trade associations and businesses that include aircraft and aircraft parts manufacturers, distributors, and repair stations, as well as both commercial and private operators. Blog content published by Mr. Dickstein is not legal advice; and may not reflect all possible fact patterns. Readers should exercise care when applying information from blog articles to their own fact patterns.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: