Regulatory Framework for Safe Operation of Drones (RPAS) into European Non-Segregated Airspace

The integration of RPAS into the European aviation system should be based on the principle that safety will not be compromised: RPAS operations should exhibit an equivalent level of safety in comparison to manned aviation. The regulatory framework should reflect the wide variety of aircraft and operations, keep rules proportionate to the potential risk and contain the administrative burden for industry and for the supervisory authorities. The regulatory framework would first focus on areas where technologies are mature and where there is sufficient confidence. Regulatory measures will be introduced step by step and more complex RPAS operations will be progressively permitted. Where certificates or licenses need to be issued, European rules will effectively deliver a system of mutual recognition within the single market for RPAS manufacturers, operators and other organisations.

The European Aviation Safety Agency (EASA) is best placed to develop common rules, using the proven EASA consultation process. The current division of the RPAS market between the very light and the heavy aircraft is questionable in view of a coherent RPAS safety policy. In this respect, the restricted scope of EASA competence to unmanned aircraft above 150 kg on the basis of traditional airworthiness considerations is an arbitrary cut off point and should be reconsidered.

Such rules must be compatible with ICAO standards and should be based on international consensus. JARUS has brought together expertise within Member States and international organisations to produce such a consensus. EASA should take a leading role in the JARUS also work with EUROCAE, the European Organisation for Civil Aviation Equipment which develops standards.

The challenge will be to keep rules proportionate to risk, taking into account weight, speed, complexity, airspace class and place or specificity of operations, etc. The traditional approach of airworthiness certification, pilot licensing and operator licensing would need to be complemented by forms of light touch regulation. The mere identification of the RPAS operator could in some cases suffice, or only particular subsystems of RPAS could be certified, like the "detect & avoid" system or the data link, and not necessarily the whole system.

Small RPAS operators are pressing for harmonization of operational rules to facilitate commercial expansion. As a first step, notification of draft technical rules adopted by national authorities according to Directive 98/34/EC may contribute to avoiding divergent approaches between Member States. An information tool could be envisaged to give SMEs an easy access to existing national rules. In a later phase, the harmonized rules could be communicated to clarify which national rules are substituted by common European regulations.

The European Commission (as Action 1 of developing of potential of RPAS) will examine the regulatory preconditions to integrate RPAS into the European airspace from 2016 onwards, covering the necessary basic regulatory issues to ensure a coherent and effective policy, including on the appropriate scope of EASA competence. Any possible legislative action will be preceded by an impact assessment. The Commission will request EASA to develop the necessary Opinions which could lead to adopting implementing rules, based where possible on international processes, proportionate to risk and subject to effective consultation. The Commission will ensure that potential manufacturers, operators and other involved organisations have an easy and up to date access to the applicable regulatory initiatives, including through the notification system of Directive 1998/34/EC.

More information about civil and commercial use of drones (UAS) you may read here: Global Drone (UAV) Flight Regulations