Europe’s Drone Laws: An Introduction
As drones become increasingly common in our everyday lives, so too have the laws and regulations surrounding their use. In Europe, these regulations have become more stringent in recent years, setting a number of operating standards that aim to ensure safety, security, and privacy among the millions of individuals, companies, and governments employing drone technology. But for those new to flying drones and for experienced operators, these regulations can be hard to navigate as they can vary tremendously from country to country. In addition, regulations may be broken down by type of operation – such as commercial or private flights, sometimes referred to as "aerial works" operations – into specific flight zones, into different categories based on weight , where the drone is being flown, and where the operator is located.
In short, for newcomers and even some experienced operators, it can be difficult to know what the applicable drone regulations are in Europe. While drone laws on a local, regional, and country-by-country basis will soon become standardized in Europe (as discussed below) meeting existing and evolving legal standards is critical to operating legally and safely.
The purpose of this post is to provide a general overview of the current drone laws in Europe. In addition, this article will also look into the upcoming changes under European drone law, such as the new common European Union regulatory framework that will be implemented across Europe in mid-2019.
EASA in a Nutshell
The European Union Aviation Safety Agency, known as EASA, is the body charged with ensuring a high common level of safety in civil aviation in Europe. This includes regulation over activities that fall under the umbrella of unmanned aerial systems, such as drones.
Unlike the United States Federal Aviation Administration, which focuses its regulations on the airspace and only regulates operating practices through the use of restrictive waivers (i.e., Certificate of Waiver or Authorizations or Section 333 Exemptions), the EASA is responsible for regulating operations as well as the aircraft themselves. The EASA’s jurisdiction covers all states within the European Union, the European Union member states of the European Free Trade Association, and the three Associated States of the European Union: Iceland, Norway, and Switzerland.
Soon all drone operations taking place within these countries will be subject to European Union-wide regulation after the new EU Drone Regulation goes into effect. The EU Drone Regulation is expected in 2019 or 2020, and until then, EASA has advised each country in Europe on a series of "Easy Access" general rules for any drone activity that must be complied with until the New Drone Regulation comes into force. Unlike the FAA, which generally allows drone operations under 400 ft. AGL in almost all circumstances, these Easy Access rules contain numerous operational limitations. Once the EU Drone Regulation takes effect, these national rules will be rescinded and replaced with a single set of regulations for all of Europe, which will be adopted across all EASA member states.
EU Drone Laws in General
The general EU regulations for drone use fall under three categories: basic operational rules, safety measures, and pilot requirements. The EU standards place drone operators into three classes based on their operational risk:
- Open category
- Specific category
- Certified category
The "open" category maintains the lowest risk operation due to the limited weight and restrictions on certain areas (such as near airports). Drones that weigh above 250 grams require certification in the recognized EU country. Drones that have a loss of control in airspace or are over 250 grams but are not designated by the EU as a critical space require an EU license and permission from the country of operation.
Another relevant requirement is the registration of drones with a 3rd EU country without a "community identification number." This number is required for drones over 250 grams that are to be operated in an EU country.
The "specific" category has more restrictions placed upon it such as standard operating procedures, safety, and temperature conditions. These can include list restrictions such as the weight allowance, number of hours of light during the year, air speeds below 55 knots, altitudes of up to 300m, and a variety of weather conditions. Operations within the "specific" category require a remote pilot license, medical certification and regular checks to ensure that the drone is in good condition.
Finally, the "certified" category is akin to the current commercial aviation system. It applies to drone operations that are higher risk. Pilots in the "certified" category shall be licensed and subjected to the same aeronautical authority oversight that apply to crewed aircraft.
Drone Regulation, By Country
Germany
In Germany, the federal government and the individual states’ governments are in charge of air traffic control and airspace management. For basic rules in the scope of control of the federal government, persons operating or using unmanned aircraft must be registered. In addition, restriction zones are defined where a flight is only permitted upon prior authorization from the responsible federal authority (e.g. flight in protected zones, such as nature conservation areas, scenic areas, residential areas, etc.).
France
After the new laws were passed, which are applicable for the use of drones in the EU, France determined national requirements, such as a language requirement for manual flights, a minimum age requirement for flying drones, and blocking of any possibility of paying for a drone pass. In addition, France banned the use of drones for commercial purposes over more heavily populated areas, such as densely populated towns and cities, which effectively bans flights in Paris. The French government has also limited the use of drones to those who perform tasks on behalf of others where compensation is involved.
United Kingdom
In the UK, some regulations are introduced that require pilots to operate drones from the visual line of sight (VLOS). In addition, operators must fly drones at or below 400 feet.
Drone Registration and Licenses
Some countries in the EU require drone registrations before flights can commence, while other countries do not. In some cases, a single registration is enough even for larger craft or for operations in many states. Possibly the best registration alternative may soon be the European Union drone registry for commercial users and operator licensing thereby eliminating the necessity for individual national registrations or even pilot licensing in certain situations. Currently, pilots of unmanned aerial vehicles (UAVs) must be separately licensed, with pilot licenses or certification varying by state. It may, however, be just a matter of time before the EU adopts a uniform licensing model. A word to the wise- regardless of the existence of any blanket EU partitions, it is a good idea to check and to comply with all local laws and regulations concerning UAV piloting. A proper understanding of and compliance with applicable laws and regulations is a necessary precondition to becoming a licensed UAV pilot. The law governing UAVs in Europe is set to undergo substantial changes after the anticipated adoption of an EU regulation and directives covering commercial UAV operations. The EU regulation and directive supplement current EU legislation on air safety and is part of a broader effort to harmonize and facilitate safe UAV operations across the EU. Under an existing EU Air Safety Regulation, any personal UAV with a take-off weight lower than 150 kilos is exempt from the law and does not need any licensing or registration. This regulation covers many UAVs and UAV-related activities, such as aerial filming, still photography , and advertising. The limitation under the EU Regulation is that no model is permitted for use if the camera/photograph has a take-off weight of more than 11 Kilos. Only then must the UAV be registered and the pilot licensed. In this manner, the EU Regulation exempts from regulation those types of UAVs most commonly used for commercial purposes. Individual member states can adopt national laws and regulations to fill gaps found in the EU Regulation provided such gaps do not run counter to the EU Regulation itself. To date, only three countries have adopted a broad licensing scheme for commercial UAV pilots requiring a license; the countries are Germany, Italy, and the U.K. These schemes remain subject to EU law, and are intended to be temporary measures, until EU Regulations are fully enforced. While it is not currently necessary to obtain a license to fly UAVs in the remaining EU member states, the only exception to this requirement is Belgium. Belgium requires a permit which allows pilots to fly UAVs for commercial purposes subject to certain limitations. However, other EU countries are working on various regulatory schemes to establish licensing requirements for UAV pilots, and it is fair to say that licensing is on the horizon for everyone in the EU at a national level. For example, in France, the aviation authority recently released several capabilities associated with a unique "micro-credential" to obtain permission for UAV use. Likewise, the Spanish Aviation Authority has been developing a licensing scheme for UAV pilots allowing for "better integration" of UAVs into Spanish airspace. The European Commission is also considering developing a regulatory framework for non-commercial UAV pilots.
Privacy and Personal Data
The protection of personal data is at the heart of the EU’s fundamental rights and values. The right to data protection is enshrined in the EU Charter of Fundamental Rights, which requires that personal data be processed fairly for specified purposes, on the basis of the consent of the data subject or another legitimate basis laid down by the law.
As mentioned above, the European Data Protection Board has issued an opinion on drones through which it has provided, among others, the following guidance: All drones that are capable of taking pictures or videos and that may collect personal data, require a data protection impact assessment (DPIA). Without prejudice to national law, the controller shall carry out the DPIA prior to drone deployment, where processing is likely to result in high risk to the rights and freedoms of natural persons. The controller can carry out the DPIA themselves or designate a third party to do so. The DPIA should follow the seven steps to DPIA required under article 35 GDPR, being: Article 35 GDPR specifies the following requirements with respect to DPIAs: (i) the systematic and extensive evaluation of personal aspects relating to natural persons based on automated processing, including profiling, (ii) the large-scale processing of sensitive data or (iii) the systematic monitoring of publicly accessible areas by means of the use of new technologies. In the light of these requirements, a DPIA is mandatory in the following circumstances: The processing of personal data is lawful only if a data subject has given his/her consent to the processing of his/her personal data for one and/or more of the following purposes: (i) the collection of personal data through the flight of the drone, (ii) the processing of personal data captured by the drone, (iii) the collection of personal data for geographical location purposes and/or through the location of drones, and (iv) the subsequent processing of such data. The drone operator shall document and keep a record of all processing activities carried out in relation to the flight of the drone, as well as the collection and processing of personal data. This documentation may be kept in either physical (hard copy) or electronic format.
Penalties and Enforcement
Enforcement and penalties for regulatory non-compliance in Europe are set out at national level, and fluctuate from country to country. In most European countries, laws relating to civil aviation are enforced by a national government body, such as the Spanish Aviation Safety and Security Agency (AESA) in Spain, or the UK Civil Aviation Authority (CAA) in the UK. The existence of national Drone Registries should help to assist enforcement activities. In Germany, for example, to date 15,000 companies have registered drones along with 30,000 individuals.
The penalties for non-compliance can vary significantly. For example, a potential fine of €500,000 exists for infringement of new laws on the registration of drones and the requirement for insurance across all 28 EU Member States. However, in the UK, penalties are not so severe, but nevertheless breaches of the law by a commercial operating who fails to obtain a Permission for Commercial Operation (PfCO) may be also taken into account when granting that operator a PfCO in the future. Additionally, criminal prosecutions are possible where the criminal threshold is evidenced. In the event of a civil claim in negligence, the threshold will not be so stringent. The European Commission also has enforcement powers to instigate enforcement action if all else fails.
In the UK, the CAA has indicated that if there is evidence of non-compliance with PfCO, or the law more generally, this will likely result in the PfCO holder being refused permission to continue operating, or having their PfCO suspended or revoked. If a PfCO has been obtained, but there has been a failure to abide by the applicable terms, the CAA may undertake action to either limit the scope of the PfCO – such as only granting permission to fly in certain locations – or revoke the PfCO altogether. Similarly, should the CAA receive reports or witness an "occurrence" as described within the Civil Aviation Publication 1789 (CAP1798) guidelines, that an incident has occurred, it may also choose to investigate that occurrence and possibly revoke a PfCO.
The CAA also has the power to impose £5,000 fines for breaches of the criminal law, and may also pursue criminal prosecutions of a PfCO holder in extreme cases, even where the liability threshold is not met. Likewise, to the extent an operator holds a conditionally exempt PfCO, or operates in accordance with the model Aircraft Code, the operator may be subject to criminal prosecution for breaches of, for example, the Air Navigation Order 2016 or other associated legislation.
In the event of civil claims on the grounds of negligence against individuals or businesses operating drones, the position is slightly different in the UK. In the commercial sphere, where businesses take insurance out (which they should), should harm or damage befall the victim, the victim may be compensated by the insurance company, rather than the operator themselves, as per their insurance policy terms. In the private sphere however, the situation is likely to be different. The operator could potentially be sued, and if they do not have insurance, they will be required to pay damages to the claimant.
EU Drone Regulations in the Near Future
As technology continues to advance at a rapid pace, the future of drone law in Europe will inevitably be shaped by innovations such as artificial intelligence, increased automation and connectivity, and the growing use of blockchain technology.
One potential future trend is the increased use of autonomous drones, which are capable of completing missions without direct human control. As these drones become more prevalent, regulators may need to establish new laws and regulations governing their use. This may involve the creation of new categories of drones that are subject to different regulatory frameworks or the establishment of new licensing requirements for operators of autonomous drones.
Another area that is likely to see significant development is the use of blockchain technology in the aviation industry. This technology, which enables secure and transparent record-keeping , has the potential to improve safety and efficiency in the industry. For example, it could be used to create tamper-proof records of maintenance history or flight data. As this technology becomes more widely adopted, lawmakers will need to consider how it fits into existing legal frameworks.
Similarly, the growing use of artificial intelligence (AI) in the aviation industry may also result in new laws and regulations. For example, the development of AI-powered air traffic management systems could lead to efficiencies and increased safety.
All of these potential changes will require close coordination between the aviation industry and the regulators tasked with overseeing it. It is essential for stakeholders to stay ahead of these developments and engage proactively with lawmakers and regulators to help shape the direction of drone law in Europe.