Aviation is set to become the most difficult travel issue during the forthcoming Brexit negotiations, according to a Brussels-based lawyer.
Philip Torbol, a partner at law firm K&L Gates Brussels, said: “Airlines are what’s most interesting – if there’s a risk, this is where there’s the biggest risk for some disturbance.”
Ryanair has already warned that there could be no flights between the UK and the EU for a “period” after March 2019.
Torbol, speaking during a session on Brexit at the Abta Travel Law Seminar in London, said that the UK was unlikely to remain in the European Common Aviation Area (ECAA) as this also requires staying in the EU’s Single Market.
“It’s difficult to imagine the UK being in the Common Aviation Area without being in the internal market,” said Torbol.
“If there is no agreement by March 2019 without any transitional agreement, then UK airlines will be grounded - or at least not flying to the EU - but that’s not going to happen.
“There will be an aviation agreement between the UK and EU – that will happen. Whether UK-based airlines are able to fly between other cities outside the UK that could be an issue.”
This is expected to particularly affect Easyjet as a UK-based airline that flies between EU countries in mainland Europe.
The airline has already announced plans to set up a base in the EU and apply for an Air Operator Certificate (AOC) to allow these operations to continue post-Brexit.
Torbol added that there were also questions about what would happen to EU “open skies” deals with third countries, such as the US and Canada.
“There are lots of negotiations and everything is on the table,” he said. “Aviation is the most sensitive area. But if negotiations go sour and the EU decides to make it difficult for Britain, they could bring in other issues – immigration and visas could become an issue.
“But tourism is an area where nobody has an interest in making life difficult for each other.
“There may be some issues for providers but for distributors there will be little disruption.”