Inside GNSS Media & Research

JUL-AUG 2019

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46 Inside GNSS J U L Y / A U G U S T 2 0 1 9 requirements for subcategory A3 are very extensive while still being subject to concretization by the member states. Across Borders, Beyond Registration States Given that no additional authorization is required for operations subject to the "open" category, cross-border opera- tions within the EU complying with the requirements of the respective subcat- egory should also not require authori- zations. According to the Annex of the Implementing Regulation, the capacity requirements are linked to the member state of registration of the UAS opera- tor. As stated above, remote pilots that exceptionally benefit from a lowered minimum age are only then restricted to operations in this specific member state. is suggests a concept of mutual recognition in general. However, it does not excuse the remote pilot from famil- iarization with the local geographical and also legal requirements beyond air law. In practice, this aspect may still be a limiting factor for cross-border operations. For operations subject to the "spe- cific" category, the other EU member state is required to assess the operation- al authorization already granted by the member state of registration to the UAS laws that may be affected by the opera- tion have to be considered. However, if the intended operation is in line with a standard scenario, a mere declaration of compliance by the UAS operator is suf- ficient anyhow. Third-Country Operators Aside from intra-European drone oper- ations, UAS operators from third coun- tries may be interested in using their drones within the EU. For such cases the Delegated Regulation states that the Implementing Regulation fully applies. e competent authority for the third- country UAS operator shall be that of the first member state where the UAS operator intends to operate. In addition, the Delegated Regulation states that the competent authority for the opera- tions within, to and out of the Union may recognize existing certificates on remote pilot competency. is, however, requires that (i) the third country asked for such recognition, (ii) the certificate of the remote pilot competency or the UAS operator's certificate are valid documents of the state of issue and (iii) the European Commission, aer con- sultation of EASA, has ensured that the requirements for issuance provide the same level of safety as the Delegated Regulation. The LUC Certificate e "light UAS operator certificate"— LUC—provides a convenient method for UAS operators to obtain a general authorization for operation scenarios under the "specific" category, which would otherwise be subject to individ- ual authorizations. e LUC requires the presentation and upholding of a detailed management and organization structure within an undertaking, which needs to be precisely described in a LUC manual made available to all relevant personnel. Accordingly, the LUC is lim- ited to legal persons. e LUC also has to contain the remote pilot's capacity requirements applicable for the opera- tion subject to the LUC. A LUC is unlimited in duration, pro- vided the scenarios are maintained. UAS & THE LAW operator and report back on the adequa- cy of the risk mitigation measures for the intended location. e UAS opera- tor requires prior confirmation by the other member state. e Implementing Regulation suggests that such confirma- tion may only be refused if the mitiga- tion measures contained in the autho- rization are not satisfactory or have not been updated for the intended location. Unfortunately, there is little guidance if and, in case, on what grounds a rec- ognition of an existing authorization can be rejected and, in case, how such rejection may be challenged. It is dif- ficult to conceive that a member state would recognize any authorization by another member state unless based on a standard scenario given that all national DATE AC TION July 2018 The Basic Regulation of the European Aviation Safety Agency (EASA) extends the organization's rule-making competence for "unmanned aircraft" to cover those with an operating mass of less than 150 kg. February 28, 2019 The EASA Committee approves the European Commission proposal for The Implementing Regulation, regulating UAS operations in Europe and the registration of drone operators and certified drones. February 28, 2019 EASA announces being "one step closer to harmonized rules for safe drone operations in Europe." March 12, 2019 The Delegated Regulation is adopted by the European Commission and sent to legislative bodies, the EU Parliament and the Council. It defines technical requirements for drones brought to the EU market. Summer 2019 The Implementing and the Delegating regulations are scheduled to be published. 2022 The legal framework for drones within the EU is to become fully applicable. Summer 2022 Likely date for lapsing of recent operator documents based on national law, with the above EU regulations taking their place. The EU UAS "Harmonization" Timeline THE NEW LEGAL ACTS ARE HIGHLY COMPLEX AND INTRODUCE MUCH DETAIL FOR DRONE OPERATIONS, IN MANY WAYS EXCEEDING THE COMPLEXITY OF RULES CURRENTLY ESTABLISHED ON THE MEMBER STATES' LEVEL.

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