EU Drone Regulation: New rules for private individuals and businesses
The 12 most important questions about the new European drone regulation
Answered by: Christian Struwe, Head of Public Policy EMEA at DJI
We spoke with Christian Struwe, Head of Public Policy EMEA at DJI, discussing the significance of the new European drone regulation, the resulting changes and deadlines, and the impact on commercial drone users in Europe:
Q: Following the adoption of EU-wide rules setting out the technical requirements for drones on May 13, the European Commission adopted rules on drone operation on May 24. What is your opinion on this?
This day marked the final hurdle in a three-year process in which DJI alongside many other stakeholders in the drone industry, we have played a key role. We believe that these newly harmonized operational and technical requirements will help to enable and promote an even stronger market for the drone industry in Europe. Pilots can now take their drones abroad without having to worry about differing regulations, and commercial operators are offered new markets where they can expand their business under the same conditions as in their home country. This new harmonized drone regulatory framework opens the first door to greater flight safety, increased compliance and understanding among drone operators, and keeps European skies open for innovation.
Q: The regulation entered into force on 11 June 2019 upon publication in the EU Official Journal. Will there be any immediate effects?
The impact in 2019 will be very limited, as most of the changes will only take place in 2020 and the following years due to transition periods.
Q: Does the European regulation cover all aspects of drone use?
The European regulation establishes a common framework for rules across Europe, but there are still details that need to be determined by national authorities throughout Europe. This means that national authorities are empowered to define specifics, such as the particular airspace where drones are prohibited, which organizations are authorized to train and certify drone pilots, and what exactly this training should entail. Compare it to today's road traffic regulations: you need a driver's license, and you can use it throughout Europe, but where and how you obtain it can vary significantly from country to country.
Q: Now to the new regulation: How does it differ from the current national regulations?
The EU regulation has adopted a risk-based approach as far as possible. Several member states have applied the same principles in recent years, so there may not be any major changes. What is new in some jurisdictions is that the regulations cover aviation aspects (air-to-air and air-to-ground risks) as well as safety, data protection, and environmental considerations. Risk-based means that the type or purpose of the operation is not decisive, but only the expected risk. Professional and recreational pilots enjoy the same rights and obligations and can operate in the Open, Specific, and Certified categories if they meet the criteria.
Examples of the risks regulated in the new regulation are:
– Flight over or near people
– Flights near airports
– Weight of the drone
– Noise pollution
– Right to privacy
Q: Let's look at the individual categories. What are they and how are they determined?
Low-risk operations are grouped under the "Open" category: these do not require prior authorization, and users can operate according to the rules and obligations of the "Open" category. The "Specific" category applies to operations deemed to carry a medium risk and requires prior authorization from a competent authority—either by following a standard scenario or through an individual risk assessment using the SORA methodology, outlining how the mission can be conducted safely. The "Certified" category encompasses high-risk operations: this means you need a certified drone, a licensed pilot, and a company authorized by a competent authority.
Q: You said the risk assessment is a combination of the drone's weight and the proximity of its operation to people. That sounds like a matrix system for categorizing drones. What does that look like?
The drone classes for the "Open" category are as follows:
The lightest class relevant for commercial users is C1, which means that drones under 900g are permitted to fly near people, but not directly over crowds or where uninvolved persons are expected. Class C2, up to a takeoff weight of 4kg, will be applicable for many commercial applications. This allows flying at a safe distance from people, provided the speed can be reduced to 3km/h. An example application would be mapping a construction site outside urban areas with a P4RTK. Class C3 is the heaviest category of standard products for professional users: To qualify for the "Open" category, the pilot must operate at a safe distance from urban areas. Inspecting wind turbines in remote areas with an M210 RTK is a typical example. This mix opens the door to many authorization-free inspection and surveying tasks, which is an improvement for both pilots and companies.
Q: Many commercial activities will still fall into the "Specific" category. How much effort will be required to obtain an operating permit?
So-called Standard Scenarios (STS) are being developed, which should cover most deployments. The operator must explain or demonstrate that the use case falls under an STS. If not, a full SORA assessment is required. STS describe the risk mitigation measures and the technical requirements. Currently, the STS are still under development, and we expect two sets of STS by the end of 2019. We consider the development of the STS a major challenge that must be addressed by the European regulation to ensure legal certainty after the transition periods have expired.
Standard scenarios could include aerial mapping over a populated area or the inspection of linear infrastructure near urban areas, as well as the use of drones by rescue services.
Q: What will happen to the exemptions and regulations already granted?
Until July 2020, pilots can still operate under the applicable national regulations. They can continue to apply for authorization or exemption based on these regulations. From July 2020 onwards, previously granted authorizations and exemptions can be used until July 2022. After July 2022, only EU regulations will apply.
Q: Up until now, government operations (e.g., military, customs, police, fire department, etc.) have received a general exemption. Do you expect this to continue?
Yes, this requirement for public safety operations is already included in the opinion of the European Aviation Safety Agency. We assume that government agencies will be authorized to operate regardless of the drone class and category.
Q: Let's consider the technical requirements. Is it still possible for commercial users to design a drone program with currently available models?
Absolutely. Although there will be new CE requirements, the transition period will last until 2022. The exact technical requirements are currently being negotiated. Depending on the drone class, there will be different requirements. For example, drones in classes C1-C3 will have to have specific serial numbers and electronic identification. These are features that are already mandatory in some European countries. Other requirements include, for example, data connection protection (i.e., encryption) and lighting (i.e., collision avoidance signal). DJI-models already meet today's requirements, such as the Mavic 2 Enterprise and the Matrice Series V2.
Q: Do you foresee any other changes that will make it easier for commercial users to use?
The uniform maximum altitude of 120m will facilitate operations and is slightly higher than what some countries currently allow. Automated and autonomous flights will be easier, and since the primary risk is defined in terms of people rather than buildings, operations in urban areas will be simpler.
Q: Finally, what would you consider the biggest challenge on the road to 2022, and what would you describe as the greatest benefit for the commercial drone community?
The biggest challenge is ensuring that European states implement the regulation uniformly and apply it as intended. So far, there has been very little coordination of drone regulations, and some countries have even used this to build up their own national industries. To achieve a functioning market, these developments must be overcome. If we succeed, I believe the benefits are endless, and there is a good prospect for the widespread commercialization of drones: users have the entrepreneurial spirit and the desire to go beyond where we are now; the industry can provide the platforms for this; and finally, we have the regulations that allow it.
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