Brexit again : What will be the consequences for air travellers?

The possibility of a Brexit without an agreement raises the risk of an interruption of air services between the EU and Great Britain. While it is likely that such a scenario will be avoided, many inconveniences will still affect passengers.

On 29 March next, the United Kingdom will officially leave the European Union. The possibility of a Brexit without an agreement suggests particularly damaging consequences at all levels. Airlines, in particular, could lose their rights to operate flights between the European Union and the United Kingdom. This is a catastrophic scenario that Alexandre de Juniac, the director general of the International Air Transport Association (IATA), which includes 290 airlines, absolutely wants to avoid. The latter said in a statement: « We must be prepared for all eventualities, » he warns. While he still hopes for « a global agreement between the European Union and the United Kingdom », the former Air France-KLM boss also refers to « the extreme gravity of the stakes » and underlines « the immense work that would be necessary to maintain vital air links ».

Airlines are calling for a new bilateral agreement between Britain and the EU, so that they can offer a flight schedule for the months following Brexit. Britain could also be excluded from the European Aviation Safety Agency (EASA), which contributes to high uncertainty. « It’s not just about allowing flights to take off and land, » Juniac said. « Everything from pilot licences to safety provisions must be agreed ». So here’s how travellers may be affected.

EU leaders want to avoid a « hard Brexit ».
European heads of government say they want to avoid leaving the UK without an agreement in Salzburg.

Temporary interruption of flights
The European Open Skies Treaty, which entered into force in 2004, allows free air traffic between Member States. Any European airline or operator based in one of the Member States has the right to operate freely in the EU. In theory, a hard Brexit would totally cut off the routes, because without a substitution agreement next March, until an agreement is reached between London and Brussels, air traffic between the United Kingdom and the EU would no longer be allowed. However, the British government announced on Monday in a series of notes that it was considering « granting permission to European airlines to continue operating », and said it expects « EU countries to do the same in return ».

Price increase
The fall of the pound by nearly 15% against the euro since 2016 has mechanically increased the price of foreign travel for the British. The United Kingdom is the second largest exporter of tourists in Europe. 76% of them travel to EU Member States. The CEO of low-cost airline Monarch Airlines, Andrew Swaffield, said before the referendum on the Brexit that it would lead to « higher air fares and fewer flights between the European Union and the United Kingdom ».

Required visa and authorization applications
The freedom of movement of British nationals within other European Union countries could be undermined. Depending on the terms negotiated with the EU, the British will have to be in possession of a visa to leave their country. No agreement has yet been signed, which will impose the same rules for Europeans leaving for the United Kingdom.

Extended customs controls
Consecrated by Article 20 of the Treaty on European Union, freedom of movement and residence is also guaranteed by Article 45 of the European Charter of Fundamental Rights. It is one of the attributes of European citizenship. In the event of a « hard Brexit », borders would therefore be fully restored from March 2019, leading to congestion at border points, the restoration of customs formalities and permanent controls.

Subscribing to travel insurance
The European Health Insurance Card will no longer be effective for British citizens. In the future, they will have to take out travel insurance to continue to receive free medical treatment abroad.

Return of duty-free
Bercy indicated that, depending on the progress of the negotiations, « Community non-resident status could apply ». Tourists could therefore have their VAT on products from across the Channel withdrawn, which is now 20%.

Withdrawal of compensation for the British
Currently, Article (EC) 261/2004 imposes common European rules on compensation and assistance to passengers in the event of cancellation or long delay of a flight. These apply to passengers departing from an airport located in a Member State. Those leaving an airport in a third country for a Member State also benefit from these rights, but only if the flight is operated by a carrier from the European Union. It is therefore not certain that such compensation will always apply to passengers boarding a national airline in the United Kingdom.

Brexit Clause
Some airlines, such as Ryanair, will include a « Brexit clause » in their ticket sales for the summer of 2019. This will allow them to be cancelled if agreements on the issue of aviation regulation are not signed. Tour operator Thomas Cook has also included this clause in its April 2019 airline tickets since last October.