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… Hearing on Light UAS 2009 High-Level-Conference on UAS 2010 UAS Panel consultation made of 5 workshops (Industry and Market, Integration into airspace, safety, societal impact, R&D) Staff Working Document SWD(2012) 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 non- segregated airspace Authorized applications and operations are acceptable to the public

EC undertook a long consultation… Hearing on Light UAS 2009 High-Level-Conference on UAS 2010 UAS Panel consultation made of 5 workshops (Industry and Market, Integration into airspace, safety, societal impact, R&D) Staff Working Document SWD(2012) 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…  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 COMMUNICATION COM(2014)207, A new era for aviation - Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner

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 … implemented along 3 action lines

Regulatory situation in Europe  Regulatory situation in Europe  Shared competence RPA > 150 kg => EASA RPA 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 Low risk Intermediate risk High risk OPENSPECIFICREGULATED Airworthiness NothingRisk mitigation Certificates (TC, CofA) Licensing NothingSpecific TrainingLicence Organisations NoneIndustry attestation Approval (ROC, etc.) C2 NothingSpecific Demonstrations Certified (ETSO?) D&A Nothing Industry attestation Certified (ETSO?)  Current approach  3 categories based on the risks involved  Common rules and national implementation

EC contributions to insertion  Development of enabling technologies  Technology needs Detect and Avoid, secure C2 link, automated take-off and landing, cyber security, etc  SESAR 2020 work program (Horizon 2020)  ATM Master plan

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 issuedstudy  EC addressed PDP in its Public consultation: results availablePublic consultation  EC consulted EDPS on COM (2014)207: EDPS Opinion releasedEDPS Opinion  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)