Transcript Outcome from the UAS Panel Process

Legal aspects of RPAS
operations:
achieving airspace
integration
JP LENTZ
EC DG Enterprise and Industry
UAS for rapid mapping– 13/09/2013
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
Outcome of public consultation
 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
2009-2012
Outcome of public consultation (2)
 RPAS integration into European aviation system
is complex and requires
 the development of safety regulation
and 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)
Proper insertion increases public
acceptance
 Development of appropriate regulation and
technology increase public acceptance
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
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
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 website
http://ec.europa.eu/enterprise/sectors/aerospace/uas
Roadmap for the safe integration of civil RPAS
into European Aviation System
 Objective:
 Propose a way forward towards full integration of Remotely
Piloted Aircraft Systems (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."
Milestones for the safe integration of civil RPAS
into European Aviation System
Initial operations
National regulations, limited access to
non-segregated airspace and crossborder operations
Integration
Progressive move to EU common
rules; less restrictions to airspace
access; mutual recognition facilitate
cross-border operations
Evolution
Full integration achieved
Airspace access evolution as proposed by
the Roadmap
2013
2014 - 2018
 VLOS , E-VLOS in
different MS
 Non-harmonized
rules < 150 kg
 Limited commercial
applications
 VLOS, E-VLOS
daily occurrence
 Progressive
harmonization and
common rules <
150 kg at the end of
the period
 Further progress for
IFR access class A
to C (D&A system)
 Case by case VFR
operations
2019 – 2023
 IFR operations in
almost airspace
classes
 Initial VFR
operations
 VLOS , E-VLOS
fully integrated in
civil aviation
operations
 B-VLOS further
expanded
2024 - 2028
 RPAS operate in
most nonsegregated airspace
 Easy cross border
operation
1st pillar: regulatory approach
Large 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
1st pillar: regulatory approach
Light 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
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 and published 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.
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…)
2nd pillar: technology development
 Activities identified from 2013 –
2018
 1: RPAS activities awareness for security–
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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
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
3rd pillar: addressing societal impact of
RPAS
 Privacy and 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
Next steps
 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)
Next steps
 SESAR JU
Assess how to include RPAS into ATM Master Plan
Address the R&D needs in SESAR2
Next steps
 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
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 proportionate and as light as
possible
 A risk based approach should be adopted