Sofema Aviation Services (www.sassofia.com) takes a look at Unmanned Aircraft Systems (UAS)
REGULATION (EU) 2018/ 1139 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL – of 4 July 2018 – on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulation
28 February 2019 EASA Committee voted unanimously to approve the European Commission’s proposal for an Implementing Act to regulate the operations of Unmanned Aircraft Systems (UAS) in Europe and the registration of drone operators and of certified drones.
The Implementing Act is accompanied by a Delegated Act, which defines the technical requirements for drones.
It was adopted by the European Commission on 12 March 2019 and sent to the EU Parliament and to the EU Council for the mandatory 2 months scrutiny period.
If no objections are raised by the EU Parliament or by the EU Council, both acts will be published before the summer of 2019 and the regulation will become gradually applicable within a year of publication.
By 2022 the transitional period will be completed and the regulation will be fully applicable.
The operations of UAS in Europe will be classified into 3 main categories:
1/ ‘open’ category is a category of UAS operation that, considering the risks involved, do not require prior authorisation by the competent authority nor a declaration by the UAS operator before the operation takes place;
2/ ‘specific’ category is a category of UAS operation that, considering the risks involved, requires an authorisation by the competent authority before the operation takes place, taking into account the mitigation measures identified in an operational risk assessment, except for certain standard scenarios where a declaration by the operator is sufficient or when the operator holds a light UAS operator certificate (LUC) with the appropriate privileges;
3/ ‘certified’ category is a category of UA operation that, considering the risks involved, requires the certification of the UAS, a licensed remote pilot and an operator approved by the competent authority, in order to ensure an appropriate level of safety.
Basic Regulation 2018/1139 referenced requirements – (Legislative acts)
(26) Since unmanned aircraft also operate within the airspace alongside manned aircraft, this Regulation should cover unmanned aircraft, regardless of their operating mass. Technologies for unmanned aircraft now make possible a wide range of operations and those operations should be subject to rules that are proportionate to the risk of the particular operation or type of operations.
27) In order to implement a risk-based approach and the principle of proportionality, a degree of flexibility should be provided for the Member States as regards unmanned aircraft operations, taking into account various local characteristics within the individual Member States, such as population density, while ensuring an adequate level of safety.
(29) The essential requirements applicable to unmanned aircraft and their engines, propellers, parts and non-installed equipment should also cover matters relating to electromagnetic compatibility and the radio spectrum, in order to ensure that they do not cause harmful interference, that they use the radio spectrum effectively and that they support the efficient use of the radio spectrum. However, many types of aviation equipment are not necessarily intended specifically for use in either unmanned aircraft or in manned aircraft but could rather be used in both. Therefore, those requirements relating to electromagnetic compatibility and the radio spectrum should only apply from the moment that, and in as far as, the design of the unmanned aircraft and of their engines, propellers, parts and non-installed equipment are subject to certification in accordance with this Regulation.
(30) For some types of unmanned aircraft, the application of the provisions of this Regulation related to registration, certification, identification, oversight and enforcement, as well as of the provisions regarding the Agency is not necessary in order to reach adequate levels of safety. Market surveillance mechanisms provided by Union product harmonisation legislation should be made applicable to those cases.
(31) In view of the risks that unmanned aircraft can present for safety, privacy, protection of personal data, security or the environment, requirements should be laid down concerning the registration of unmanned aircraft and of operators of unmanned aircraft. It is also necessary to establish digital, harmonised and interoperable national registration systems in which information, including the same basic data, about unmanned aircraft and operators of unmanned aircraft registered in accordance with this Regulation and the implementing acts adopted on the basis thereof, should be stored.
32) The conditions, rules and procedures for situations in which the design, production, maintenance and operation of unmanned aircraft, as well as the personnel and organisations involved in those activities, should be subject to certification, should take into account the nature and risk of the type of operation concerned. Those conditions, rules and procedures should, in particular, take into account the type, scale, and complexity of the operation, including, where relevant, the size and type of the traffic handled by the responsible organisation or person; whether the operation is open to members of the public; the extent to which other air traffic or persons and property on the ground could be endangered by the operation; the purpose of the flight and type of airspace used; and the complexity and performance of the unmanned aircraft involved.
(77) In order to take into account technical, scientific, operational or safety needs, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending, or, if applicable, supplementing, the provisions on airworthiness related to design and production, flight time limitations, aerodrome operators, ATM/ANS systems and ATM/ANS constituents and the design, production and maintenance of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control the aircraft remotely, as well as the provisions on personnel, including remote pilots, and organisations involved in those activities, third-country operators, on certain aspects of oversight and enforcement, on acceptance of third-country certification, on fines and periodic penalty payments, on the Board of Appeal and on the requirements set out in Annexes II to IX to this Regulation.
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