The U.S. delegation would like to make a statement for the record on the legal implications of Brexit with respect to the 2007 U.S.-EU Air Transport Agreement, as amended and the 2011 Four-Part ATA (“U.S.-EU ATAs”).
The U.S. delegation takes note of the position of the European Union that EU law continues to apply in and to the UK during the transition period, and that such law includes, inter alia, the U.S-EU ATAs.
Although the United States does not share this view as a legal matter, during the transition period the United States has endeavored, and will continue to endeavor, wherever possible, to afford the UK the same treatment it would receive, in this case, if the U.S.-EU ATAs applied to it, subject to relevant legal and policy considerations.
Once the transition period ends, the United States shares the view that the U.S.-EU ATAs will have no application or relevance to U.S.-UK civil aviation relations.
We expect that, for all practical purposes and to maintain the current transatlantic market, the status quo for the UK will remain until the transition period ends. Preparations are under way to ensure that, after that date, the air transport agreement that the United States and the UK have negotiated bilaterally and signed will govern U.S.-UK civil aviation relations.
We look forward to hearing what the future UK-EU relationship will be, and how it may affect the transatlantic and global aviation market.