Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020

Lord Rosser Excerpts

Monday 7th December 2020 Grand Committee

[Lord Rosser (Lab) [V]]

My Lords, I will not be able to match other noble Lords who have spoken in the number of questions or points I want to raise. The answers that the Government give to the questions and points raised so far will highlight whether these regulations provide for significant changes in the months ahead or whether they keep largely to the status quo. We will all listen with interest to the Government’s response.

These regulations keep the effect of the policy framework established by the EU implementing and delegated regulations. They ensure that certain provisions relating to unmanned aircraft will be retained in UK law and will continue to apply after the end of the transition period in less than four weeks’ time. The EU implementing regulation applies from the end of this year and sets out the rules and procedures for the operation of unmanned aircraft. The delegated regulation sets out the requirements for unmanned aircraft and for third-country operators of these aircraft.

As we have already heard, the regulations enable the Secretary of State to designate standards after the end of the transition period. In the meantime, unmanned aircraft that conform to current EU harmonised standards, will be considered compliant with the EU requirements recognised by the UK. The main consequence of these regulations is that, since we will no longer be a part of the EU and of the European Union Aviation Safety Agency, the European Union standard CE marking will be replaced by an official marking recognised within the UK. The same product standards as currently apply will be maintained. As a result, unmanned aircraft that lawfully bear the CE marking can continue to be put on the UK market.

As I understand it, the implementing regulation provides for a transitional period until 1 January 2023 during which unmarked—that is, CE or UK—unmanned aircraft will continue to be placed on the market. The Government intend to use the powers under the regulations to designate standards by the end of the transitional period. Like other noble Lords, I ask whether the Government have any view on whether the designated standards from the end of the transitional period will vary to any significant degree and, if so, in what way from the current standards under the implementing regulation. Have these regulations been drawn up on the assumption that a deal will need to be agreed with the EU before the end of the transitional period at the end of 2022? If so, will any changes be necessary if one is not agreed?

Finally, the new UK mark will come into force from the beginning of next year—in a few weeks’ time—but there will be an overlap period with the CE mark, which I understand will be accepted until the beginning of 2023. What is the reasoning behind both the overlap and its length?