Legal aspects of RPAS operations : achieving airspace integration

1. Legal aspects of RPAS operations: achievingairspaceintegration JP LENTZ EC DG Enterprise and Industry UAS for rapidmapping– 13/09/2013

2. RPAS operations impact society • Need to addressed this impact by appropriate regulation • Safety risk • airworthiness regulation • Damage compensation • insurance regulation • Privacy issues • data protection regulation • etc • All these aspects need to be adequately addressed in order for RPAS operations to be acceptable

3. Outcome of public consultation 2009-2012 • RPAS are today a reality (industry, applications, initial operations) • RPAS present a real potential for the development of civil applications (jobs, useful to society) • To unleash this potential, it is urgent to integrate safely RPAS into European airspace

4. Outcome of public consultation (2) • RPAS integrationintoEuropean aviation system iscomplex and requires • the development of safetyregulationand its harmonization (>/< 150kg, MS, etc) • In order to achieve a Single Market for RPAS • facilitate mutual recognition • and allow cross-bordure flights • the development of enabling technologies • addressing other societal impacts of RPAS (liability, insurance, privacy protection, etc)

5. Proper insertion increases public acceptance • Development of appropriate regulation and technology increase public acceptance

6. Outcome of public consultation (3) • Call for the development of a Roadmap for the safe integration of civil RPAS in the European Aviation System • proposing a way forward towards RPAS integration • identifying the necessary tasks in the following 3 areas: • Airworthiness regulation • R&D • Other societal impacts SWD(2012)259

7. Roadmap for the integration of civil RPAS into European Aviation System • Prepared by a group of stakeholders • EASA, EUROCONTROL, JARUS, EUROCAE, ASD, UVSI,SESAR JU,EDA, ECAC, ESA • Handed-over to the European Commission at Paris Air Show 2013

8. Roadmap for the integration of civil RPAS into European Aviation System • Main document • Proposes an overall approach • 3 annexes • Regulatory work plan • Strategic R&D plan • Study on the societal impact • Available on DG ENTR websitehttp://ec.europa.eu/enterprise/sectors/aerospace/uas

9. Roadmap for the safe integration of civil RPAS into European Aviation System • Objective: • Propose a way forward towards full integration of Remotely Piloted AircraftSystems (RPAS) of all classes by • Suggesting an overall approach • Defining the activities necessary in the 3 areas of Safety Regulation, Research and Societal Impact • Propose a progressive integration spanning over 10-15 years with early achievements in 2016 "initially restricted access under specified conditions and subsequent alleviation of the restrictions as soon as technology, regulation and societal acceptance progress."

10. Milestones for the safe integration of civil RPAS into European Aviation System Initial operations National regulations, limited access to non-segregated airspace and cross-border operations Integration Progressive move to EU common rules; less restrictions to airspace access; mutual recognition facilitate cross-border operations Evolution Full integration achieved

11. Airspaceaccessevolution as proposed by the Roadmap

12. 1st pillar: regulatory approachLarge RPA (> 150kg) • EASA competence • The Roadmap provides a detailed plan of all necessary activities • involving EUROCAE, JARUS, EASA, etc • Medium term (2014-2018): focus on • definition of safety objectives (civ/mil) • development of certification specifications

13. 1st pillar: regulatory approachLight RPA (< 150 kg) • Today, national competence • But heads of CAAs have recently • Recognised • the irrelevance of the 150 kg threshold • the need for harmonization of the regulation • expressed their wish to move competence for light RPAS to EASA

14. Regulatory approach for RPA < 150 kg (2) • Approach proposed by the Roadmap: • First step(2014-2016): • Routine VLOS, E-VLOS operation under national law • JARUS produce guidance material with the active support of NAAs • NAAs further develop/harmonize national regulation based on recommendations developed by JARUS andpublished by EASA • EC proposes an amendment of EASA basic regulation • Second step(2016-2023): • Common and proportionate rules developed by EASA on the basis of pre-existing harmonized material from JARUS • Harmonized national regulation replaced by common EU rules after appropriate transition period.

15. 2nd pillar: technology development • The Roadmap will provide a Strategic R&D Plan • Identifying necessary technology developments and validation activities, including: • The operational requirements • The technology gaps • R&D activities to be conducted (detailed description for 2013-2018) • Key milestones and dependencies (planning) • Allowing coordination • between technology and regulatory developments • between potential future funding programs (e.g.: EDA JIP-UAS, SESAR JU…)

16. 2nd pillar: technology development • Activitiesidentifiedfrom 2013 – 2018 • 1: RPAS activities awareness for security–EVLOS/VLOS • 2: Operations in urban areas – EVLOS/VLOS • 3: Human Factors– EVLOS • 4: Visual detectability solutions –IFR/VFR • 5: DAA – IFR/VFR • 6: DAA –BVLOS – very low level operations • 7: Comms C2 datalink –IFR/VFR • 8: Comms C2 datalink –BVLOS • 9: Airspace Access and Airport Operations –IFR/VFR • 10: Airspace Access and Airport Operations– BVLOS (VLL) • 11: Contingency– IFR/VFR and BVLOS • 12: Human Factors –IFR/VFR and BVLOS • 13: Security

17. 3rd pillar: addressing societal impact of RPAS • liability and insurance • Need to identify liable party • No harmonized rules • Need to impose adequate third-party insurance requirements • Regulation 785/2004 on insurance requirements for air carriers and aircraft operators applies to commercial RPAS • Need adaptation? • EC actions • Launch a study • Plan a workshop late 2013

18. 3rd pillar: addressing societal impact of RPAS • Privacyand data protection • Comprehensive framework exists • Charter of fundamental rights (art. 7/8) • Data protection directive 95/46/EC • CCTV national regulations, etc • Need to evaluated adequacy of current legal framework • EC actions • Opinion of national Data Protection Authorities (Article 29 WP) • Consult the Group on Ethics • Launch a study • Plan a workshop early 2014

19. Nextsteps • European Commission • Communication: • Setting-up the political framework to further regulatory actions (November 2013) • Then, launch regulatory work: • Setting-up an overall legal framework for all RPAS • Adoption of implementing rules, • based on international processes (ICAO), • proportionate and risk based, • using JARUS inputs (consensus)

20. Nextsteps • SESAR JU • Assess how to include RPAS into ATM Master Plan • Address the R&D needs in SESAR2

21. Nextsteps • EASA • RMT.0148 - RPAS in Standard European Rules of the Air (SERA) • NPA 2012-10> 200 comments • Rules completely revised, 2nd NPA • IniRPAS project to address first tasks identified in the Roadmap • 10 RMT, 2014-2017 • Proportionate approach: risk based, ≠ VLOS and IFR/BVLOS • Work on Essential Requirements • Political decision on safety requirements (EP, EU Council) • Specific to RPAS (no passengers): focus on people on the ground, not property

22. Baseline approach • RPAS = aircrafts (ICAO Circular 328) • RPAS should not impact other airspace users • RPAS behaviour in operation equivalent to manned aviation • RPAS operator will obtain a permission to operate only when essential pre-requisites are in place: • RPAS must be approved by a competent authority • RPAS operator must hold a valid RPAS operator certificate • The remote pilot must hold a valid licence • Rules must be proportionateand as light as possible • A risk based approach should be adopted