The Air Transport Agreement Between the EU and the UK: A New Approach

The Trade and Cooperation Agreement (TCA) is the first agreement incorporating air transport and aviation safety in a comprehensive agreement for trade in goods and services. Its sections on air transport and aviation safety reflect a traditional sectoral approach regulating traffic rights and aviation safety. Provisions which apply to various sectors including aviation such a competition law, environmental protection and reduction of CO2, social rights as well as institutional provisions are commonly defined for all sectors. This novel approach is a welcome step forward of dealing with aviation as a service industry similar to others. At the same time, the TCA – at least with respect to aviation – is a divorce agreement reducing a once comprehensive integration of the UK into the EU air transport market to a relationship ensuring bilateral connectivity.