Opening the
European market
for civil drones in
an appropriate way:
the role of the EU
Jean-Pierre LENTZ
European Commission
DG Growth
This is a
DRONE!
ICAO technical definitions
 Unmanned Aircraft System (UAS)
 Meaning that they are
 Aircrafts and subject to aviation regulation
 Systems composed of an aircraft, a ground station and a
communication link
 UAS can be piloted or autonomous
 Remotely Piloted Aircraft System (RPAS)
 Subset of UAS having a pilot in command and excluding fully
autonomous systems
 Current focus of the regulatory work at international and EU
levels
EC undertook a long consultation…
2009
• Hearing on Light UAS
2010
• High-Level-Conference on UAS
2011-2012
• UAS Panel consultation made of 5
workshops (Industry and Market,
Integration into airspace, safety, societal
impact, R&D)
2012
• Staff Working Document SWD(2012)259
• Stakeholders' Roadmap for civil RPAS
integration into the European Air System
Drones present a real potential for the
development of innovative civil applications
delivering useful services to society and
creating new businesses and jobs
Drones have routine
access into nonsegregated airspace
Authorized applications
and operations are
acceptable to the public
EC undertook a long consultation…
2009
• Hearing on Light UAS
2010
• High-Level-Conference on UAS
2011-2012
• UAS Panel consultation made of 5
workshops (Industry and Market,
Integration into airspace, safety, societal
impact, R&D)
2012
• Staff Working Document SWD(2012)259
2012 - 2013
•Stakeholders' Roadmap for civil RPAS
integration into the European Air System (+ 3
annexes: safety regulation, enabling technology's
needs, societal impact)
… leading to a European strategy…
COMMUNICATION COM(2014)207, 8.4.2014
A new era for aviation - Opening the aviation market
to the civil use of remotely piloted aircraft systems in
a safe and sustainable manner
 Reap the societal benefits of this new technology
 By establishing a single market for civil RPAS applications
 while ensuring adequate citizens' protection,
 By addressing safety, security and privacy threats
 taking into account citizen's acceptance
 By listening to stakeholders and the general public
… implemented along 3 action lines
Integrate RPAS into European aviation system in
a safe and secure way
 appropriate aviation safety regulation
 and enabling technologies
Protect citizens against additional risks:
 Inadequate compensation in case of accidents
 threats to privacy, protection of personal data, unethical uses
Involve stakeholders and citizens
 Awareness
 Consultation
Regulatory situation in Europe
 Regulatory situation in Europe
 Shared competence
 RPA > 150 kg => EASA
 RPA < 150 kg => national Civil Aviation Authorities
 National regulations developing
 in place :12 MS
 under development : 5 MS
 Revisions are expected in many MS
 Need for harmonization
 in order to achieve a Single Market for RPAS
 facilitate mutual recognition
 and allow cross-border flights
EC contributions to insertion
 Development of regulation ensuring
safety and security of drones operations
 RPAS > 150 kg
 EU competence: EASA developing regulation
 RPAS < 150 kg
 Need for harmonization: EC is analysing the
options to deliver a common regulatory
framework, including an extension of EASA
competence to RPAS of all sizes
EASA regulatory approach
 Current approach
 3 categories based on the risks involved
 Common rules and national implementation
Low risk
Intermediate
risk
High risk
OPEN
SPECIFIC
REGULATED
Airworthiness
Nothing
Risk mitigation
Certificates
(TC, CofA)
Licensing
Nothing
Specific Training
Licence
Organisations
None
Industry attestation
Approval
(ROC, etc.)
Nothing
Specific
Demonstrations
Certified
(ETSO?)
Industry attestation
Certified
(ETSO?)
C2
D&A
Nothing
Accident compensation
 An efficient compensation mechanism
requires
 Adequate third-party liability and insurance
regulations
 Affordable insurance offer
 Assessment finalised
 Conclusions
 Existing regulations apply (national for liability and
EC 785/2004 for insurance requirements) but need for
increasing awareness
 Adequate identification of the liable party required
 Need to monitor the compensation procedure and the
evolution of the insurance market (the creation of a
compensation fund might be needed)
Privacy and data protection
…
many people,
including
myself, have concerns about the
safety, security and privacy
issues relating to these devices.
That's why we are proposing to
draw up a range of tough measures
to regulate this market, while at the
same time allowing European
industry to take advantage of the
opportunities it presents….. Safety,
security and privacy come first.
So this technology can only
advance in a well regulated EU
marketplace.
Privacy and data protection
 Assessment of related risks and required measures
 EC commissioned a study: TRILATERAL/VUB study issued
 EC addressed PDP in its Public consultation: results available
 EC consulted EDPS on COM (2014)207: EDPS Opinion released
 EC invited Article 29 WP to issue an Opinion: on-going
Privacy and data protection
 Our current understanding
 Drones are heterogeneous, however, in most of their uses (not
only surveillance) they raise privacy and data protection risks
 Existing EU and national laws provide an adequate framework
 No need for new rules at EU level (techno neutral)
 GDPR wold bring new useful elements like the DPIA, PbD
Privacy and data protection
 Our current understanding (2)
 Efforts should focus on a better application of the rules
 Aviation regulation and CAAs can play an important role
•
Need to increase cooperation between national Data Protection
Authorities and Civil Aviation Authorities
 Need to raise industry awareness
•
Training material, advice, etc. (DPAs and national industrial federations)
Privacy and data protection
 Our current understanding (3)
 There is a need to develop
 Drones' identification tools/standards
 Privacy and data protection impact assessment
 There is an important national dimension
 EU directive/legislation is limited to data protection
 EU may help developing soft law and support measures
Privacy and data protection
 New EC measures
 Privacy/Data protection impact assessment
 How to contribute at EU level?
 Development of an impact assessment template
 Awareness action
 Provide a EU-wide one-stop-shop website
 Focus on awareness and training,
 Cover safety, insurance and privacy
 Cooperation with national DPA expected
Stakeholders' and citizens' views
 Drones' applications raise
societal and ethical issues
 Creation of a surveillance society,
 Risk of proliferation, etc
 Policies and rules developed
must take into account
citizens' views
 Need to engage with the public
 focus groups (JRC pilot project)