Inside Unmanned Systems

JUN-JUL 2019

Inside Unmanned Systems provides actionable business intelligence to decision-makers and influencers operating within the global UAS community. Features include analysis of key technologies, policy/regulatory developments and new product design.

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Page 69 of 75

Policy 70  June/July 2019 unmanned systems inside UAS LEGISLATION Part 1 of 2 by OLIVER HEINRICH & JAN HELGE MEY Jan Helge Mey is a partner with BHO Legal. Jan studied in Cologne and Qingdao (PR China) and specialized in air and space law at McGill University in Montréal (Canada). He went on to work at the Institute of Air and Space Law of the University of Cologne. After completion of the legal traineeship that led him to the German Aerospace Center, Jan worked as lawyer, mainly in the field of public procurement, public commercial law, foreign trade law and public-private partnerships. Oliver Heinrich is co-founder and partner with BHO Legal, a boutique law firm based in Cologne, Germany, with a focus on aerospace and high-technology projects. Oliver studied German and Anglo-American law at the Universities of Trier and Cologne. He wrote his doctoral thesis at the Institute of Air and Space Law at the University of Cologne on national and European research funding. Prior to working as an attorney, Oliver worked in the contracts department of the German Aerospace Centre, DLR, and then as DLR's project manager for the European Satellite Navigation System Galileo at DLR and legal manager for a joint venture of DLR, EADS Astrium (now Airbus DS), T-Systems and a Bavarian bank. O n February 28, the European Aviation Safety Agency (EASA) announced that we are "one step closer to harmonized rules for safe drones operation in Europe." What's changed? The announcement is based on a number of reg- ulations which have been adopted over the course of 2018 and early 2019. Setting the grounds essential for the develop- ment was the so-called Basic Regulation of EASA (Regulation (EU) 2018/1139 on "Common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency"), ad- opted in July 2018. Despite the regulation's title, the European Aviation Safety Agency was already established back in 2002 with Regulation (EC) No 1592/2002. It was, however, not before the recent amendment of the regulation in July 2018 that EASA's rule making competence for "unmanned aircraft" was expanded to also cover unmanned aircraft with an operating mass of less than 150 kg. This shift of competence from member states to the EU for practically all non-military aircraft indeed marks the basis for all future harmonizations in law regarding unmanned aircraft within the Union. It European Union UAS Harmonization Moves Forward: What's Changed? What Are the Implications? provides the European Commission with the compe- tence to propose a Delegated and an Implementing Regulation with further necessary regulatory de- tails. Even military and other public activities may be placed under the uniform regulatory regime of the EU, if a member state makes use of the opt-in clause that also covers unmanned aircraft. The EASA Committee, namely the committee for the application of common safety rules in the field of civil aviation, approved of the European Commission's proposal for the Implementing Regulation also on February 28, 2019. This act regulates the operations of Unmanned Aircraft Systems (UAS) in Europe and the registration of drone operators and of certified drones. The so-called Delegated Regulation was ad- opted by the European Commission on March 12, 2019 and then sent to the legislative bodies, the EU Parliament and the Council, which had two months to raise objections. It defines the technical require- ments for drones brought to the EU market. In lack of objections by the legislative bodies, it is expected that both acts will be published be- fore summer 2019 and will become gradually ap- plicable within a year. By 2022, the transitional period will be completed and the legal framework for drones within the EU will be fully applicable. WHAT'S NEW? The new legal acts are highly complex and introduce a lot of details for the operation of drones, which in Europe has set out to abolish the national patchwork for drone operations. Faced with diff erent drone rules all over Europe, the legislative bodies of the European Union have been very busy lately.

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