EASA Publishes NPA for Open and Specific Categories and Associated Regulatory Impact Assessment

On 5 May 2017 EASA published the Notice of Proposed Amendment 2017-05 (A).
And on 12 May 2017 EASA published the Notice of Proposed Amendment 2017-05 (B).
Both of these documents introduce a regulatory framework for the operation of civil drones and pertain to unmanned aircraft system (UAS) operations in the “open” and “specific” category.

In accordance with Regulation (EC) No 216/2008 (hereinafter referred to as the ‘Basic Regulation’), the regulation of unmanned aircraft systems (UAS) with a maximum take-off mass (MTOM) of less than 150 kg falls within the competence of the European Union (EU) Member States.
This leads to a fragmented regulatory system hampering the development of a single EU market for UAS and cross-border UAS operations.
A new proposed Basic Regulation (hereinafter referred to as ‘the new Basic Regulation’), currently under discussion between the European Council, the European Commission, and the European Parliament, aims to solve this issue, by extending the competence of the EU to regulate all UAS regardless of their MTOM.
In view of the adoption of this new Basic Regulation, the objective of NPAs is to:

  • Ensure an operation-centric, proportionate, risk- and performance-based regulatory framework for all UAS operations conducted in the open and specific category
  • Ensure a high and uniform level of safety for UAS
  • Foster the development of the UAS market; and
  • Contribute to enhancing privacy, data protection, and security.

These NPAs proposes to create a new regulation (hereinafter referred to as ‘Regulation (EU) 201X/XXX’) defining the measures to mitigate the risk of operations in:

  • The open category through a combination of limitations, operational rules, requirements for the competence of the remote pilot, as well as technical requirements for the UAS; and
  • The specific category through a system including a risk assessment conducted by the operator before starting an operation, or the operator complying with a standard scenario, or the operator holding a certificate with privileges.

Regulation (EU) 201X/XXX will provide flexibility to Member States, mainly by allowing them to create zones on their territory where the use of UAS would be prohibited, limited or on the contrary facilitated.
Pursuant to new Basic Regulation, market product legislation (CE marking) ensures compliance with the technical requirements for mass-produced UAS operated in the open category.
A dedicated Annex (Part-MRK) to Regulation (EU) 201X/XXX is proposed to define the conditions for making UAS available on the market.
Regulation (EU) 201X/XXX is expected to increase the level of safety of UAS operations, harmonise legislation among the EU Member States, as well as create an EU market that will reduce the cost of the UAS and allow cross-border operations.

The stakeholders that will be affected by this regulation are: Operators (private & commercial), competent authorities, Member States, flight crews, remote pilots, maintenance staff, UAS manufacturers, other airspace users (manned aircraft), service providers air traffic management (ATM/air navigation services (ANS) and other ATM network functions, air traffic services (ATS) personnel, aerodromes, the general public, model aircraft associations.

Links to the NPA Documents:
NPA 2017-05 (A): Contains the explanatory note and the proposed draft rules (128 pages)
NPA 2017-05 (B): Contains the full impact assessment for this rule-making task (128 pages)

To submit comments, the automated Comment-Response Tool (CRT) on the EASA website is to be used:
http://hub.easa.europa.eu/crt/
The deadline for submission of comments is 12 August 2017.

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