Regulation (EU) 2018/1139 of the European Parliament
The full title of this regulations is: Regulation (EU) 2018/1139 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No. 2111/2005, (EC) No. 1008/2008, (EU) No. 996/2010, (EU) No. 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No. 552/2004 and (EC) No. 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No. 3922/91.
This regulation is commonly known as the “Basic Regulation.”
Articles 2(1) and 55 through 57 deal with unmanned aircraft.
Articles 2(1)(a) and (b) define the scope of the regulation, namely the design and production of products, parts, and equipment to control aircraft remotely, and are subject to registration in Member and non-member states that they are to operate in, reside in, or have its principal place of business within the territory of a Member State.
Article 55 (Essential requirements for unmanned aircraft) states: “The design, production, maintenance and operation of aircraft referred to in point (a) and (b) of Article 2(1), where it concerns unmanned aircraft, and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, as well as the personnel, including remote pilots, and organizations involved in those activities, shall comply with the essential requirements set out in Annex IX, and, where the delegated acts referred to in Article 58 and the implementing acts referred to in Article 57 so provide, with the essential requirements set out in Annexes II, IV and V.”
Article 56 (Compliance of unmanned aircraft) lists seven requirements for design, production, and operation of unmanned aircraft. The physical and operational characteristics of unmanned aircraft and the areas where they operate may require a certificate for the aircraft and for the pilot and operator. A certificate shall be issued when the applicant demonstrates compliance with delegated acts set forth in Articles 57 and 58. The certificate shall specify the safety-related limitations, operating conditions and privileges. The certificate may be amended to add or remove limitations. The certificate may be suspended or revoked for non-compliance with conditions, rules, and procedures required to maintain the certificate. A declaration of compliance with those limitations, conditions, and privileges may be required. Under certain listed circumstances, those essential requirements and those detailed rules shall constitute “Community harmonization legislation” within the meaning of Regulation (EC) No. 765/2008 of the European Parliament and of the Council and Decision No. 768/2008/EC of the European Parliament and of the Council. Member States shall ensure that information about registration of unmanned aircraft and of operators of unmanned aircraft that are subject to a registration requirement is stored in digital, harmonized, interoperable national registration systems. Member States shall be able to access and exchange that information through the repository referred to in Article 74. Last, this Section shall be without prejudice to the possibility for Member States to lay down national rules to make subject to certain conditions the operations of unmanned aircraft for reasons falling outside the scope of this Regulation, including public security or protection of privacy and personal data in accordance with the Union law (emphasis added).
Article 57 (Implementing acts as regards to unmanned aircraft), the Commission shall adopt implementing acts laying down detailed provisions concerning:
(a) the specific rules and procedures for the operation of unmanned aircraft as well as for the personnel, including remote pilots, and organizations involved in those operations;
(b) the rules and procedures for issuing, maintaining, amending, limiting, suspending, or revoking the certificates, or for making declarations, for the operation of unmanned aircraft as well as for personnel, including remote pilots, and organizations involved in those activities, and for the situations in which such certificates or declarations are to be required; the rules and procedures for issuing those certificates and for making those declarations may be based on, or consist of, the detailed requirements referred to in Sections I, II, and III;
(c) the privileges and responsibilities of the holders of certificates and of natural and legal persons making declarations;
(d) the rules and procedures for the registration and marking of unmanned aircraft and for the registration of operators of unmanned aircraft, referred to in Section 4 of Annex IX;
(e) the rules and procedures for establishing digital, interoperable, harmonized, national registration systems referred to in Article 56(7); and
(f) the rules and procedures for the conversion of national certificates into the certificates required under Article 56(1).
Article 58 (Delegated powers) describes the Commission’s powers to lay down detailed rules regarding the requirements, privileges, and responsibilities set forth in Articles 55 through 57.
Annex IX sets forth the essential requirements for the design, production, maintenance, and operation of unmanned aircraft, for environmental performance, and for registration and marking of unmanned aircraft and their operators.
All of these requirements are intended to facilitate the introduction and integration of unmanned aircraft systems into the national airspaces of EU Member States. Refer to Rulemaking Tasks (RMTs) set forth in the EASA European Plan for Aviation Safety 2021–2025 Volume II, discussed below, for more detail.
Commission Implementing Regulation (EU) 2019/947
The Implementing Regulation provides a framework for the safe operation of drones in European skies (which includes both EU and EASA Member States). The rules adopt a risk-based approach to regulation, and do not distinguish between commercial drone operations and hobbyists. The primary categories for airspace access are the weight and physical specifications of the drone, and the scope of the intended operation. CIR 2019/947 went into effect on 30 December 2020. The regulations created three categories of operations: “open,” “specific,” and “certified.”
The “open” category covers lower risk operations, where safety is ensured by drone operator compliance with the relevant regulatory requirements for the intended operation. This category is subdivided into three subcategories labeled “A1,” “A2,” and “A3.” No prior authorization is required before starting a flight because operational risks in this category are considered to be low.
The “specific” category includes higher risk operations, where the drone operator obtaining an operational authorization from the national competent authority before starting the operation ensures safety. The drone operator is required to conduct a safety risk assessment before seeking authorization, which will establish the requirements necessary for safe operations.
In the “certified” category, the safety risk is substantially higher than the other two categories, so that certification of the drone operator and the aircraft by the national competent authority is required to ensure safety. In addition, the licensing of the remote pilot(s) is mandatory.
The management of air traffic and air traffic services for drone integration with manned aviation will be ensured through the U-space. U-space is another arm of the drones’ regulatory framework. It creates and harmonizes the necessary conditions for manned and unmanned aircraft to operate safely in the U-space airspace, so as to prevent collisions between aircraft and to mitigate the air and ground risks. The U-space regulatory framework, supported by clear and simple rules, should permit safe aircraft operations in all areas and for all types of unmanned operations. This is the airspace architecture and the services that will ensure the safe operation of drones once in flight. The regulatory framework for U-space was published in the Official Journal of the European Union on 22 April 2021 and is discussed below.
Commission Delegated Regulation 2019/945
This Regulation sets forth the requirements for the design and manufacture of unmanned aircraft systems that are intended to operate under the rules and conditions defined in the Implementing Regulation 2019/947, including remote identification (RID) add-ons (as set out in Part 6 of the Annex to this Regulation). The types of UAS, whose design, production, and maintenance are subject to certification, are defined.
The Regulation establishes rules on making a UAS intended for use in the “open” (low-risk) category and remote ID add-ons available in the European market, and on their free movement within the Union. Also included are the rules for third-country (non-EU) UAS operators conducting operations within the single European sky airspace pursuant to iImplementing Regulation 2019/947.
The full scope of the Regulation excludes privately built UASs (basically hobbyists and recreational flyers) that display a class identification label indicating which of the five UAS classes defined in this Regulation it belongs to. Chapter II of the Regulation applies to a UAS operated under the rules applicable to the “certified” and “specific” categories as defined therein. Chapter IV deals with UAS operators who have their principal place of business or reside in a third country, if the UAS are operated in the Union.
This Regulation does not apply to UASs intended exclusively for operations indoors.
