EC Publishes Drone Implementing & Delegated Regulations

On 8 October 2018, the European Commission published the Draft Implementing Regulation on the rules and procedures for the operation of unmanned aircraft + its Annex, as well as the Draft Delegated Regulation on unmanned aircraft intended for use in the ‘open’ category, and on third-country operators of unmanned aircraft systems + its Annex.

The basic concepts included in the EASA Opinion have been maintained, but some clarifications have been introduced, e.g.:

• A clearer boundary between specific and  certified category;
• The level of information and requirements put on the drone manufacturers, the drone operators and the competent authorities have been increased including topics previously covered by AMC or GM;
• A few new requirements have been introduced (such as existing legal requirements related to the certified category or minimum age of the pilots).

The principal modifications are:

• The scope of the Regulation includes all drones operations i.e.: open, specific and certified categoriesStandard scenario to be used under declaration are included in an appendix to the regulation (to be completed);
• The risk assessment and authorisation procedures in the specific category are detailed;
• The “safe distance” to be kept in the sub-categories of the open Category are specified;
• The range of C0 class drones are reduced to 120 m to reduce the possible privacy impact;
• Operations conducted in model aircraft clubs and associations remain under the national regulation;
• The transition and applicability periods have been extended.

In the delegated act, realistic but ambitious limitations regarding noise emissions have been added, and the use of electric power is made compulsory for drones in the open category. Some provisions aiming at protecting the citizens’ legitimate rights to privacy have also been introduced.

All 4 documents are available under the heading „European Union (EU)“ on REG WATCH for viewing & downloading.