The UK’s exit from the European Union and its departure from the European Union Aviation Safety Agency (EASA) regulatory framework resulted in challenges for pilots wishing to continue to work across the island of Ireland. My Department engaged extensively with affected operators and pilots to resolve issues that arose as a result of the UK’s departure from the EASA regulatory framework. Under the framework of the Trade and Cooperation Agreement (TCA) between the UK and EU, I have allowed UK operators to provide non-scheduled services within Ireland, creating a borderless environment on the island of Ireland.
For obvious reasons aviation is a highly regulated industry and under EU civil aviation safety laws there are minimum safety requirements placed on air transport operators from countries outside the EASA regulatory system who wish to have automatic access to the intra-European air transport market. Any third-country operator that intends to perform commercial air transport (CAT) operations into, within or out of any of any EASA member state requires a "Third Country Operator" (TCO) authorisation issued by EASA.
In terms of the recognition of pilot licences, the UK, now that it is no longer part of the EASA regulatory framework, has developed its own aviation regulatory regime, which has diverged from the EU framework. As part of that regime the UK decided that EASA licences would no longer be recognised for use in UK registered aircraft after 31 December 2022 (this is regardless of where the aircraft is to be operated).
Unrelated to Brexit, the EU introduced a new regulatory requirement that from 20 June 2022, any pilot who resides in the EU must hold an EASA licence when flying any aircraft other than those defined in Annex I of the EU Basic Regulation (Regulation (EU) 2018/1139) e.g. gyroplanes, ex-military, homebuilt and certain historic aircraft, and microlight aeroplanes. This applies regardless of state of registration of the aircraft. For any helicopter pilots resident in Ireland to continue to operate UK-registered aircraft in Ireland (or any EU State) they need to hold both an EASA licence (to be allowed operate in the single European sky airspace) and a UK CAA licence (to meet the UK CAA requirements that they have a UK licence to operate a UK registered aircraft).
Following Brexit there are provisions to have a UK licence recognised in accord with Regulation (EU) 2020/723, the requirements of which are further simplified for holders of instrument ratings at the time of Brexit. The Irish Aviation Authority recognise several hundred licences in this way annually.
A non-EU resident helicopter pilot who holds a UK issued licence and is flying a certified UK registered aircraft for a UK based operator that has a TCO approval from EASA may operate on the island of Ireland.
