Draft Aviation Security (Amendment etc.) (EU Exit) Regulations 2019

Richard Graham Excerpts

Thursday 28th February 2019 General Committees

[Jesse Norman]

We are wandering somewhat away from the SI before this Committee, but I am thoroughly enjoying what might be referred to as Thursday morning theatrics from both sides of the Committee. As the hon. Gentleman knows, the Civil Aviation Authority has for many years been a trend setter, a path setter and a standards setter across the EU. Much of the benefit of the European Aviation Safety Agency has come from its taking those standards and promulgating them more widely. There has been genuine benefit on both sides. We have benefited from the promulgation of CAA standards across Europe, and we have benefited from the scrutiny and feedback that those standards have received from EU countries, and vice versa.

[Richard Graham (Gloucester) (Con)]

Will the Minister give way?

[Jesse Norman]

I will take one more intervention before proceeding, from my beloved and hon. Friend the Member for Gloucester.

[Richard Graham]

As a former airline manager, I take some interest in these issues. The Minister is absolutely right that the CAA has been an important global figure in setting standards; in fact, its staff are seconded to EASA at the moment, and I believe that that will continue. Page 3 of the explanatory memorandum refers to deficiencies in regulation 300/2008 and goes on to explain, helpfully, that substantive changes are needed to address inoperabilities on incoming air cargo because we will not be part of the ACC3 secure cargo regime. That is clarified later by the statement that

“UK-ACC3, RA3, or KC3 designations will be issued to all carriers”.

In simple terms, can the Minister confirm that the objective is to ensure that we do not create any barriers to international trade, and that carriers that bring cargo into the UK will be able to do so exactly as before, without any barriers?

[Jesse Norman]

As I said, as far as possible we are aiming to replicate the existing arrangements. With his laser-like eye for detail, my hon. Friend identifies an important area. The regime will have to change a little as a result of Brexit, as I will set out.

One key area of regulation 2015/1998 is the EU inbound cargo regime. The EU operates a regime known as ACC3, which stands for air cargo or mail carrier operating into the European Union from a third-country airport. That is precisely the area targeted by my hon. Friend. In essence, it is a requirement for air carriers carrying cargo into the EU from a non-EU country to hold security designations that confirm that they are screening cargo to the required standards and that a secure supply chain exists from the origin of the cargo to its point of entry into the EU.

Responsibility for administering the system, and for granting designations, is currently shared between member states. If the UK leaves the EU without a deal, it will no longer be part of that system, but it is critical that we maintain our inbound cargo security protections. The effect of the draft instrument is to retain the requirement that carriers must hold a security designation in order to fly cargo into the UK from third countries, and to apply that in a UK-only context.

The new system of UK ACC3 designations will be managed by the Civil Aviation Authority and the Department for Transport. To ensure a seamless transition on exit day, new UK designations will be issued to all carriers flying into the UK that currently hold EU designations. On expiry, carriers and screening entities will need to apply directly to the UK for new designations, which will be granted using largely the same criteria as in the existing system, to minimise any additional burden on industry.

Regulation 2019/103 makes amendments to regulation 2015/1998 that are already incorporated. It also contains measures that apply only after exit day, and are therefore not retained. The only provision in the regulation that is retained relates solely to the date on which the un-retained measures apply. As such, the provision is by itself meaningless, and the draft instrument therefore revokes it.

Regulation 72/2010 covers the requirements for Commission inspections of EU airports and national authorities that will no longer be applicable. The draft instrument revokes that regulation. The draft instrument also amends the Aviation Security Act 1982 to remove references relating to Commission inspections and Commission inspectors.

Finally, Commission decision C (2015) 8005 is a restricted, confidential instrument that provides additional but security-sensitive details on the aviation security requirements contained in the regulations. For example, it sets the technical standards for aviation security equipment, such as the materials and quantities, and details the methods and percentages of various screening requirements. The decision will form part of retained EU law; however, because it is security-sensitive and not published before exit day, it is not required to be published on or after exit day.

As an unpublished instrument, before and after exit, the decision cannot be scrutinised as the subject matter of legislation by Parliament. As such, the draft instrument cannot make any amendments to it. As the decision contains defects if it is not amended, the draft instrument revokes the decision. However, in order to retain the important aviation security rules contained in the decision, the requirements previously contained in it will be made the subject of a direction, which will be given by the Secretary of State under powers contained in the 1982 Act.

The direction will form part of the single consolidated direction that sets out our domestic aviation security requirements that apply on top of EU legislation. The content of the new direction will be disseminated to the same UK entities as those that currently see the EU decision.