9 Aviation policy: remotely piloted
aircraft systems and aviation safety
| Committee's assessment |
Politically important |
| Committee's decision | (a) Cleared from scrutiny; (b) Not cleared from scrutiny; further information requested
|
| Document details | (a) Commission Communication concerning the civil use of remotely piloted aircraft systems; (b) Proposed Regulation concerning an EU Aviation Safety Agency
|
| Legal base | (a) —; (b) Article 100(2) TFEU; ordinary legislative procedure; QMV
|
| Department | Transport |
| Document Numbers | (a) (35949), 8777/14, COM(14) 207; (b) (37381), 14991/15 + ADDs 1-5, COM(15) 613
|
Summary and Committee's conclusions
9.1 In a Communication of April 2014 the Commission discussed
how the civil use of remotely piloted aircraft systems might develop.
The predecessor Committee had no issue with the broad thrust of
this Communication and the Government's response to it. However,
it asked whether the Government was clear that the Commission
was not weakening the boundary between the EU's competence in
relation to civil aviation and the competence of Member States
in relation to military aviation. The Government now assures us
that legislation the Commission has proposed will not lead to
any weakening of that boundary and that therefore the use of drones
in military aviation remains firmly a matter for Member States.
9.2 The Commission now proposes a Regulation to significantly
amend Regulation (EC) No. 216/2008, which sets the aviation safety
framework at EU level, including the role of the European Aviation
Safety Agency. The proposal seeks to repeal and replace the current
Regulation in order to modernise the existing aviation safety
framework. There are seven substantive changes proposed:
· introduction
of principles to be applied to aviation safety regulation;
· a requirement
for the production of Aviation Safety Programmes and Plans for
Aviation Safety at both EU and Member State level;
· a limited
extension of scope of the European Aviation Safety Agency's remit
to include ground handling service providers, all unmanned aircraft
(remotely piloted aircraft systems) and some aspects of aviation
security;
· changes
to the comitology (EU subordinate legislation) procedure, including
giving the Commission the power to adopt implementing rules under
delegated acts;
· introduction
of provisions to support cooperative oversight between Member
States and permit the transfer of responsibilities;
· introduction
of provisions on information sharing and, in particular, setting
up of a central repository of licensing information; and
· introduction
of enhanced governance mechanisms for the European Aviation Safety
Agency.
9.3 The Government tells us that it welcomes the
Commission's proposal to update the aviation safety regulatory
system. However, it also draws our attention to a number of points
where it wishes clarification or amendment during negotiation
of the proposal. These concern extension to the scope of the European
Aviation Safety Agency's remit, the appropriateness of delegated
acts in some cases, the proposals in respect of cooperative oversight
and permitting the transfer of responsibilities between Member
States, the proposal to have a central repository of licensing
information, and the European Aviation Safety Agency governance
proposals.
9.4 We note the Government's assurance that the
boundary between EU civil aviation competence and Member States'
competence in relation to military aviation is being respected,
although we are puzzled as to why this assurance could not have
been given much earlier. However, we now clear the 2014 Communication
from scrutiny.
9.5 As for the proposed Regulation we note the
Government's welcome for it. However, given the caution it mentions
on a number of points, we will not consider this issue further
until the Government is able to tell us of developments on these
points during Council working group consideration of them. Meanwhile
the document remains under scrutiny.
Full details of
the documents: (a)
Commission Communication: A new era for aviation: Opening the
aviation market to the civil use of remotely piloted aircraft
systems in a safe and sustainable manner: (35949), 8777/14,
COM(14) 207; (b) Proposal for a Regulation on common rules in
the field of civil aviation and establishing a European Union
Aviation Safety Agency, and repealing Regulation (EC) No. 216/2008
of the European Parliament and of the Council: (37381), 14991/15
+ ADDs 1-5, COM(15) 613.
Background
9.6 In its Communication of April 2014, document
(a), the Commission discussed how the civil use of remotely piloted
aircraft systems (RPAS), or drones, might develop. The predecessor
Committee had no issue with the broad thrust of this Communication
and the Government's response to it. However, it noted that:
· the
Government had emphasised that this Communication was concerned
with the civil use of RPAS;
· but
that the Commission was citing the December 2013 European Council
as calling "for action to enable the progressive integration
of RPAS into civil airspace from 2016";
· the
European Council did not explicitly refer to civil use; and
· its
reference to "close synergies with the European Commission
on regulation (for an initial RPAS integration into the European
Aviation System by 2016)" was made in the context of "Enhancing
the development of capabilities" in the Council's discussion
of the Common Defence and Security Policy.[33]
9.7 So the predecessor Committee asked whether the
Government was clear that the Commission was not weakening the
boundary between the EU's competence in relation to civil aviation
and the competence of Member States in relation to military aviation.
Meanwhile the document remained under scrutiny.
The new document
9.8 This proposed Regulation is to amend Regulation
(EC) No. 216/2008, the basic European Aviation Safety Agency (EASA)
Regulation. The proposal forms part of the Commission's new Aviation
Strategy for Europe[34]
and comes under the "Maintaining high EU safety and security
standards" theme of the strategy.
9.9 Regulation (EC) No. 216/2008 sets the aviation
safety framework at EU level, including the role of the EASA.
The Commission's objective is to update the EU's safety rules
in order to maintain high safety standards alongside growing air
traffic. The Commission also considers that an effective and efficient
regulatory framework would give the industry more flexibility
to thrive and remain competitive globally. The proposal therefore
seeks to repeal and replace the current Regulation in order to
modernise the existing aviation safety framework.
9.10 There are seven substantive changes proposed.
First would be the introduction of principles to be applied to
aviation safety regulation. In particular, these include a requirement
for implementing regulations to be proportionate to the nature
and risk of individual activities and to focus, where possible,
on the objectives to be achieved. The Commission believes that
this approach should benefit all sectors of civil aviation and
is particularly suited to the needs of small and medium sized
enterprises, and to leisure flying activities.
9.11 Second, would be a requirement for the production
of Aviation Safety Programmes and Plans for Aviation Safety at
both EU and Member State level. This reflects requirements established
by the International Civil Aviation Organisation in Annex 19 to
the Convention on International Civil Aviation (the Chicago Convention).
9.12 Next would be a limited extension of scope of
the EASA's remit to include ground handling service providers,
all unmanned aircraft (presently the remit only covers unmanned
aircraft above 150 kg) and some aspects of aviation security.
The proposal recognises that since traditional aviation legislation
reflects that there should be a pilot on board, unmanned aircraft,
that is RPASs, need to be treated as new types of aircraft. The
Commission therefore proposes a departure from the conventional
approach to aviation safety regulation when dealing with drones,
moving towards developing an operation-centric approach to integrate
drones into the EU system. For drones that are mass produced and
operating at the lowest level of risk, some form of industry certification
or kite mark is being considered.
9.13 Fourth, would be changes to the comitology (EU
subordinate legislation) procedure, including giving the Commission
the power to adopt implementing rules under delegated acts.
9.14 Then would be introduction of provisions to
support cooperative oversight between Member States and permit
the transfer of responsibilities. This would include a mechanism
for pooling and sharing of aviation inspectors and other experts
between Member States. It would also provide for the voluntary
transfer of safety oversight responsibilities between Member States
and from Member States to the EASA. In extreme circumstances the
Commission would be able to require the EASA to take on responsibilities
from a national aviation authority that was not able to provide
a safe level of oversight.
9.15 Sixth would be introduction of provisions on
information sharing and, in particular, setting up of a central
repository of licensing information. The Commission proposes that
the EASA would establish and manage a repository of information
necessary to ensure effective cooperation between it and Member
States' competent authorities in respect of certification, oversight
and enforcement tasks.
9.16 Finally, would be introduction of enhanced governance
mechanisms for the EASA. These reflect the experience to date
and the standard clauses for EU Agencies set out in the Common
Approach on Decentralised Agencies agreed in 2012.[35]
In particular, the creation of an Executive Board to assist the
Management Board of the Agency has been proposed. Additionally
and in line with the Common Approach the EASA would be renamed
as the European Union Aviation Safety Agency.
9.17 The proposed Regulation is accompanied by ten
technical annexes which, amongst other issues, establish the essential
requirements that will be applied to civil aviation activities,
and the Commission's impact assessment and an executive summary
of the assessment.
The Minister's letter of 17 December 2015
9.18 The Minister of State, Department for Transport
(Mr Robert Goodwill), answers belatedly the predecessor Committee's
request for assurance that the Commission was not weakening the
boundary between the EU's competence in relation to civil aviation
civil and the competence of Member States in relation to military
aviation by reference to the Commission's recently published proposed
Regulation, document (b), which would extend the EASA's remit
to include RPASs and small drones weighing less than 150 kg.
9.19 Noting that the Government has previously said
that it thinks this proposal is sensible as long as new legislation
is proportionate to the risk, the Minister says that:
· in
the EASA launched a consultation process on the proposed new regulatory
framework for drones;
· whilst
there are still issues to be worked out, the Government is reasonably
satisfied that the EASA is proposing proportionate regulation
and is dealing with risk based on the risks the operation poses
to the operator and third parties (the general public);
· the
EASA is expecting to give its General Opinion to the Commission
by the end of the year; but
· the
Government is not realistically expecting the proposed Regulation
to be on the statute books until early 2019 or 2020.
9.20 The Minister then says that he is able:
· to
confirm that this proposed legislation will not lead to any weakening
of the boundary between the EU's competence in relation to civil
aviation and the competence of Member States in relation to military
aviation; and
· to
provide reassurance that therefore the use of drones in military
aviation remains firmly a matter for Member States.
The Government's view of the new document
9.21 In his Explanatory Memorandum of 6 January 2016
the Minister says that the Government welcomes the Commission's
proposal to update the aviation safety regulatory system. He comments
that in order to protect the public a flexible system, which delivers
proportionate and robust outcomes, provides for clear responsibilities
and accountabilities and enables innovation and the growth of
the aviation industry, is needed. The Minister then sets out the
Government's position on the main themes of the proposed amendment
Regulation.
9.22 The Minister says that the Government strongly
supports the proposal to set out principles for aviation safety
regulation. He explains that, in particular, the Government welcomes
the requirements that implementing regulations should be proportionate
to the nature and risk of individual activities and that, where
possible, rules should focus on the objectives to be achieved
and give flexibility on means of achieving those objectives.
9.23 On aviation safety management the Minister comments
that the Government notes that the proposal to mandate the production
of Aviation Safety Programmes and Plans for Aviation Safety at
both EU and Member State level is in line with requirements established
by the International Civil Aviation Organisation and reflects
current best practice.
9.24 The Minister tells us that the Government is
considering the proposal for a limited extension to the scope
of EASA's remit to include ground handling service providers,
all unmanned aircraft and some aspects of aviation security. He
says that:
· while
the Government recognises the argument for giving the EASA additional
responsibilities for security where there is a clear link to its
safety responsibilities (for example, aircraft certification),
it remains to be convinced that the EASA would add value in other
areas of aviation security, especially where threat assessment
is involved;
· with
regard to unmanned aircraft, Annex IX to the proposed Regulation
establishes the applicable high level essential requirements;
· the
Commission proposes that detailed rules based on the essential
requirements will be adopted under Delegated Acts;
· these
proposals are in line with the Government's position on the regulation
of such aircraft; and
· the
Government would wish, however, to ensure that the EASA's role
in respect of unmanned aircraft is restricted to safety matters
and does not stray into regulating other areas such as privacy
and data protection.
9.25 On EU subordinate legislation the Minister,
noting that delegated acts would be used to adopt implementing
rules and most other measures under the proposed Regulation, says
that the Government will need to consider whether delegated acts
are appropriate on a case by case basis.
9.26 The Minister tells us that the Government is
considering the proposals in respect of cooperative oversight
and permitting the transfer of responsibilities between Member
States. He says that:
· this
could help make the system more efficient and produce better safety
outcomes, particularly in the case of multinational operations
or for smaller Member States; and
· the
Government will need to consider carefully the criteria under
which the Commission could require the EASA to take on regulatory
responsibility in a Member State that was held to not be effectively
regulating its industry.
9.27 Noting that the Government is considering the
proposal to have a central repository of licensing information,
the Minister comments that this will help prevent the fraudulent
use of licences, for example where the issuing state has revoked
the licence but the holder continues to exercise the privileges
of the licence in another state. He adds that the Government is
also considering more general proposals on sharing information
on safety risks through the European Plan for Aviation Safety.[36]
9.28 On the EASA governance proposals the Minister
says that:
· the
Government is open to measures to improve the EASA's governance
mechanisms and to strengthen the role of the Management Board;
· it
is important that there is a clear and transparent consultation
process involving Member States on key decisions;
· the
Government is also open to the idea of a new Executive Board;
but
· it
needs to understand how this would fit into the governance structure
before it could give its support.
9.29 On consultation, assessment of the impact of
the proposed Regulation and its financial implications the Minister
says that:
· in
2014 the Commission and the EASA carried out a public consultation
on amendment of Regulation (EC) No. 216/2008;
· the
Department for Transport and the Civil Aviation Authority held
informal consultations with the industry on its response to that
public consultation;
· an
additional informal consultation meeting was held with UK industry
representatives on 6 January;
· further
discussions with industry representatives will take place as the
negotiations progress;
· the
Government is reviewing the Commission's impact assessment;
· the
Commission believes that the proposal will have positive impacts
for businesses;
· the
Government agrees that a more proportionate and performance based
regulatory system, more flexibility in the means to meet requirements,
an increased reliance on industry standards and simplified certification
procedures for light aircraft should reduce compliance costs and
benefit industry;
· the
proposed Regulation should have no direct financial implications;
· any
financial implications would arise from implementing rules adopted
under the Regulation; and
· as
the proposal would introduce performance based regulation and
a more flexible regulatory regime the Government does not, however,
expect any adverse financial impacts on industry.
Previous Committee Reports
First Report HC 219-i (2014-15), chapter 8 (4 June
2014).
33 See http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/140245.pdf. Back
34
(37379), 14992/15 + ADD 1, COM(15) 598, which we discuss in chapter
14 of this Report. Back
35
See http://europa.eu/agencies/documents/joint_statement_and_common_approach_2012_en.pdf. Back
36
(37380) 15079/15 + ADD 1 which we discuss in chapter 15 of this
Report. Back
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