“Until now, this right was not available to U.S. airlines under the U.S.-EU agreement,” the DOT adds. On Tuesday, November 17, 2020, Transport Minister Grant Shapps signed the U.K.-U.S. Air Transport Agreement, a bilateral agreement that will protect air traffic on some of the world`s busiest routes and ensure continued air operations between Britain and the United States after Brexit. The agreement was signed on behalf of the United States by Secretary of State Mike Pompeo and Transportation Minister Elaine Chao and is expected to enter into force on January 1, 2021. So what is the practical importance of the bilateral agreement between the two countries for air transport? In addition to the technology, aviation advisor John Strickland said: “It is good news for British airlines operating in the US market that this agreement has been reached.” We do not need an agreement with the EU on the railways, because we can guarantee connectivity through other agreements. The contract disappointed European airlines because they felt chosen for US airlines: while US airlines are allowed to operate flights within the EU (when it is an all-cargo flight or a passenger flight, if this is the second leg of a flight launched in the United States), European airlines are not allowed to fly intra-U.S. flights, nor can they acquire a controlling interest in the an American operator.  The agreement replaced and replaced the old open skies agreements between the United States and some European countries. Britain will automatically leave the ECAA with all horizontal agreements negotiated by the EU at the end of the transition period. It also means that BRITISH airlines will no longer be subject to ECJ jurisdiction or EESA supervision. Us-UK Open Skies Accord gives additional rights to freight flights Existing Open Comments threads will continue to exist for those who do not subscribe to Independent Premium.
Because of the breadth of this community of comments, we are not in a position to pay the same attention to each intervention, but we have received this area in the interest of an open debate. Please continue to respect all commentators and conduct constructive debates. Andrew Haines, Director General of the Civil Aviation Authority (CAA), the UK Aviation Supervisory Authority, has proposed that the UK should be able to negotiate individually with EuCAA member states in the absence of an agreement with the EU as a whole. This could allow the UK to circumvent certain EU rules and even court jurisprudence. The issue of Gibraltar could also be circumvented if no agreement is reached with Spain. However, it is not certain that this is compatible with EU law. Moreover, it would be very complex and tedious to conclude agreements that all offer nine freedoms. “The agreement meets all the criteria of the US Open Skies policy and provides additional traffic rights for ALLcargo operations from the United States to and from the United Kingdom. The agreement also covers the UK`s overseas territories and crown dependencies, which are working and modernising our air relations with these regions. Switzerland enjoys virtual access to the ECAA through a bilateral agreement. The advantage is that it is a “ready-made” agreement that allows the UK to save valuable time and resources.
However, this option poses the same problem as membership of the ECAA: differences of opinion on Gibraltar and the continued influence of the Court of Justice. “As you know, negotiations have intensified in recent weeks and, although time is running out, we hope that an agreement can be reached. However, horizontal agreements do not offer the same level of freedom as within the ECAA. Thus, the agreement between the United States and the European UNION gives the eighth and ninth freedom to EU airlines. The BRITISH Transport Minister Grant Shapps signed the agreement on behalf of the United Kingdom.