Source: EURLEX
Language: en
Format: md

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# 52014DC0207

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL A new era for aviation Opening the aviation market to the civil use of remotely piloted aircraft systems in a safe and sustainable manner /\* COM/2014/0207 final \*/**

  

Civil
aviation contributes to an integrated logistical transport chain that aims to
better serve citizens and society. It adds value through offering fast,
reliable and resilient connections in a global network. By 2050, a number of
different aircraft categories are expected to be operating, diverse in size,
performance and type, with some still having a pilot on board, but many
remotely piloted or fully automated[1].
Opening the European market for remotely piloted aircraft systems (RPAS) – or
the civilian use of drones - is therefore an important step towards the
aviation market of the future.

The
European Summit of 19 December 2013 called for action to enable the
progressive integration of RPAS into civil airspace from 2016 onwards. This
Communication focuses on RPAS for civil use and responds to the call of the
European manufacturing and service industry to remove barriers to the
introduction of RPAS in the European single market.

RPAS
form part of the wider category of Unmanned Aerial Systems (UAS), which also
includes aircraft that can be programmed to fly autonomously without the
involvement of a pilot. RPAS, as the name suggests, are controlled by a pilot
from a distance.

RPAS
technology has matured rapidly in past years and, like many other aircraft
technologies before it, is ready to make the shift from being purely military
equipment to becoming a reliable new technology for civil use. In order to produce
their full potential, RPAS should be able to fly like 'normal' air traffic and
be integrated among 'normally piloted' aircraft in non-segregated airspace,
i.e., airspace open to all civil air transport.[2]

Member
States are beginning to authorise RPAS operations in non-segregated airspace to
respond to market demand. In the short term, the most promising market lies in
areas such as infrastructure monitoring or photography;[3]
in a longer term future, it may be the transport of goods and eventually people.

This
Communication sets out the Commission's views on how to address RPAS operations
in a European level policy framework which will enable the progressive
development of the commercial RPAS market while safeguarding the public
interest. Understanding the direction for future regulatory developments is
important for the European industry when it comes to making decisions on
further investments.

The
regulatory action and the related research and development efforts will build
on existing initiatives involving a number of actors: the European Aviation
Safety Agency (EASA), the national Civil Aviation Authorities, the European
Organisation for Civil Aviation Equipment EUROCAE, Eurocontrol, the Joint
Authorities for Rulemaking on Unmanned Systems JARUS, [4]
the SESAR Joint Undertaking (SJU), the European Defence Agency, the European
Space Agency, the RPAS manufacturing industry and operators.

1.
RPAS can offer
a myriad of new services

RPAS
are already being used for civil purposes and are expected to increasingly
influence our daily lives. Just as the internet technology in the early
nineties gave rise to many different applications, RPAS technologies should
lead in the coming years to the development of a wide variety of different
services, especially if combined with other technologies, such as precision
positioning thanks to Galileo, or to support other technologies, such as telecommunications in
disaster relief situations or in dynamically increasing network capacity.
While the exact nature and extent of potential RPAS operations are difficult to
predict now, the service industry is expected to generate sufficient revenues
to drive forward the manufacturing industry itself. [5]

On other continents, RPAS operators support
precision farming through more effective and timely application of fertilizers
or pesticides. In Europe, RPAS are being used for safety inspections of
infrastructure, such as rail tracks, dams, dykes or power grids. National
authorities are using them in disaster relief, e.g. to overfly flooded areas or
to support fire fighting.

In future RPAS could make it
possible to bring giant wind turbines into the air and produce
"green" electricity. On the other end of the scale, engineers are
working on micro RPAS which could be used to tackle gas or
chemical leaks, or which could be programmed to act like bees to pollinate
plants.

RPAS
include many different types of aircraft to deliver those services, ranging in
terms of maximum take-off weight from grams to more than ten tons, in terms of maximum
speed from hovering to more than 1,000 km/h, in terms of flight endurance from
a few minutes to months and in terms of lift technology from rotor to fixed
wing to lighter than air. Beyond manufacturers and system integrators, the RPAS
industry also includes a broad supply chain of enabling technologies (flight
control, communication, propulsion, energy, sensors, telemetry, etc.), payload
developers and operators.

2.
RPAS are an
emerging market to create jobs and growth

Mastering
RPAS
technology
will become a key to the future competitiveness of the European aeronautics
industry. Currently,
the US and Israel dominate the global RPAS manufacturing sector, building on
expertise in the field of large military RPAS. Other non-EU countries, such as Brazil, China, India and Russia, also show potential to become strong competitors. A strong common EU
market should offer a solid basis to compete at the global level. An enabling
legal framework would not only provide the rules to manufacture the aircraft,
but also, even more importantly, gradually allow operations, starting from
simple operations and growing in operational complexity. This would put
operators in a position to gain valuable practical expertise and progressively
develop their businesses.

The
precise scale of the potential RPAS market is difficult to predict. According
to an industry source, the global budget forecast in terms of R&D and
procurement, including military and governmental, is expected to grow from
currently $5.2 bn to about $11.6 bn per year in 2023. [6]
Currently, there are 1,708 different RPAS referenced
worldwide of which 566 in Europe, being developed or produced by 471
manufacturers worldwide of which 176 in Europe.[7]

Experience
shows that markets can rapidly develop once an enabling policy framework is
adopted. The number of Japanese RPAS operators was multiplied by 18 to
about 14,000 between 1993 to 2005, with a spectacular increase after the
entry into force of regulations on agricultural use.

In France an initial regulation [8]
has led to an increase of the number of approved operators from 86 in December
2012 to more than 400 in February 2014. Similar market growth and related job
creation has been seen in Sweden and the UK.

The growing RPAS activities will translate into a
substantial number of new jobs. A US industry study forecasts that in the first
three years of RPAS integration in the national airspace more than 70,000 jobs
will be created with an economic impact of more than $13.6 billion. The number
of jobs created through new RPAS activities in
the US is estimated to exceed 100,000 by 2025. [9]
For Europe, about 150,000 jobs by 2050 [10] are forecast,
excluding employment generated through operator
services.

The
growth potential can only be unleashed if an enabling legal framework is
established at the European level. The European industry [11]
has been consistently calling for the creation of such rules to allow civil
RPAS operations while guaranteeing at the same time the required high levels of
safety, security and privacy which are a precondition for public acceptance of
RPAS.

3.
Developing the potential of RPAS

RPAS
are, formally speaking, aircraft and have to comply with aviation safety rules.
ICAO standards forbid unmanned aircraft to fly unless the national competent
authorities issue a specific individual authorization.[12]
Currently the expansion of the RPAS market is inhibited by the absence of an
adequate regulatory framework in most Member States and the need to obtain
individual authorizations from each Member State where manufacturers would like
to sell or where providers would like to operate. A number of Member States
have started developing national rules to facilitate this authorization
process,[13]
but in the absence of European standards, to be developed by EASA, a true
European Market will not emerge, hampering drastically the development of this
sector. Some enabling technologies are also still missing for certain classes
of RPAS operations. Finally, the development of civil RPAS applications also
requires ensuring that none of them could represent a threat to citizens'
privacy of physical integrity. Industry is delaying investments until sufficiently
legal certainty on the legal framework is offered. [14]

The core of the
European RPAS strategy

The European strategy aims at establishing a single
RPAS market to reap the societal benefits of this innovative technology and at dealing
with citizens' concerns through public debate and protective action wherever
needed. It should also set the conditions for creating a strong and competitive
manufacturing and services industry able to compete in the global market.

RPAS applications can only develop if the aircraft
can fly in non-segregated airspace without affecting the safety and the
operation of the wider civil aviation system. To this end, the EU must put in
place an enabling regulatory structure to which the major players at the
European and national levels can contribute. R&D efforts focussing on
integration into civil airspace should also be increased and efficiently
coordinated to keep lead times for promising technologies as short as possible.

The progressive
integration of RPAS into the airspace from 2016 onwards must be accompanied by
adequate public debate on the development of measures which address societal
concerns including safety, privacy and data protection, third-party liability
and insurance or security.

Finally,
existing programmes should support the competitiveness of the European RPAS
industry.

This strategy
should provide adequate legal certainty and offer a reliable timing, so that
industry can take investment decisions and create employment. As the RPAS
market is global by its very nature, the EU will also coordinate with
international partners.

3.1.
Safe
operation into non-segregated airspace: the regulatory framework

Safety
is the paramount objective of EU aviation policy. The current regulatory system
for RPAS based on fragmented rules for ad hoc operational authorizations is an
administrative bottleneck and hampers the development of the European RPAS
market. National authorizations do not benefit from mutual recognition and do
not allow for European wide activities, either to produce or to operate RPAS.

The
integration of RPAS into the European aviation system should be based on the
principle that safety will not be compromised: RPAS operations should exhibit
an equivalent level of safety in comparison to manned aviation.

The
regulatory framework should reflect the wide variety of aircraft and operations,
keep rules proportionate to the potential risk and contain the administrative
burden for industry and for the supervisory authorities. The regulatory
framework would first focus on areas where technologies are mature and where
there is sufficient confidence. Regulatory measures will be introduced step by
step and more complex RPAS operations will be progressively permitted. Where
certificates or licenses need to be issued, European rules will effectively
deliver a system of mutual recognition within the single market for RPAS
manufacturers, operators and other organisations.

The
European Aviation Safety Agency (EASA) is best placed to develop common rules,
using the proven EASA consultation process. The current division of the
RPAS market between the very light and the heavy aircraft is questionable in
view of a coherent RPAS safety policy. In this respect, the restricted scope of
EASA competence to unmanned aircraft above 150 kg on the basis of
traditional airworthiness considerations is an arbitrary cut off point and
should be reconsidered. [15]

Such rules must
be compatible with ICAO standards and should be based on international
consensus. JARUS has brought together expertise within Member States and international organisations to produce such a consensus. EASA should take a leading
role in the JARUS process and build on its deliverables to produce implementing
rules or guidance.[16]
EASA will also work with EUROCAE, the European Organisation for
Civil Aviation Equipment which develops standards.

The
challenge will be to keep rules proportionate to risk, taking into account
weight, speed, complexity, airspace class and place or specificity of
operations, etc. The traditional approach of airworthiness certification, pilot
licensing and operator licensing would need to be complemented by forms of
light touch regulation. The mere identification of the RPAS operator could in
some cases suffice, or only particular subsystems of RPAS could be certified,
like the "detect & avoid" system or the data link, and not
necessarily the whole system.

Small
RPAS operators are pressing for harmonization of operational rules to
facilitate commercial expansion. As a first step, notification
of draft technical rules adopted by national authorities according to Directive 98/34/EC
may contribute to avoiding divergent approaches between Member States. An
information tool could be envisaged to give SMEs an easy access to existing
national rules. In a later phase, the harmonized rules could be
communicated to clarify which national rules are substituted by common European
regulations.

Action 1:

The
Commission will examine the regulatory preconditions to integrate RPAS into the
European airspace from 2016 onwards, covering the necessary basic regulatory
issues to ensure a coherent and effective policy, including on the appropriate
scope of EASA competence. Any possible legislative action will be preceded by
an impact assessment.

The
Commission will request EASA to develop the necessary Opinions which could lead
to adopting implementing rules, based where possible on international
processes, proportionate to risk and subject to effective consultation.

The Commission will ensure that potential
manufacturers, operators and other involved organisations have an easy and up
to date access to the applicable regulatory initiatives, including through the
notification system of Directive 1998/34/EC.

3.2.
Safe
operation into non-segregated airspace: enabling technologies

Some
of the key technologies are not yet available to allow for the safe integration
of RPAS. Research and development (R&D) efforts will focus on the
validation of these technologies. R&D is carried out by different research
programmes managed by various organisations including the European Commission,
Eurocontrol, the European Defence Agency and the European Space Agency. [17]

The
SJU is the R&D platform building the future air traffic management system
of the Single European Sky. The SJU is an integral part of the Union policy
framework and benefits from the operational and technical expertise of
Eurocontrol [18] and
its members. So it is uniquely placed to coordinate this R&D and pave the
way towards a gradual and smooth integration of RPAS.

The
technologies which need further development and validation are: [19]

-    Command
and control, including spectrum allocation and management;

-    Detect
and avoid technologies;

-    Security
protection against physical, electronic or cyber-attacks;

-    Transparent
and harmonized contingency procedures;

-    Decision
capabilities to ensure standardized and predictable behaviour in all phases of
flight; and

-    Human
factor issues such as piloting.

The
SJU will define the actions for RPAS to be integrated in the R&D workflow
and will ensure its inclusion in the next revised European ATM Master Plan. The
governance structures of the SJU are open and can be adapted to reflect the
emerging RPAS industry.

Action 2:

The Commission will ensure, within the limits of
available resources, that identified R&D needs for the integration of RPAS in
the ATM Master Plan are taken into account in the SESAR2020 Programme as
necessary. [20]

3.3.
Ensure
security
of RPAS operations

RPAS
are not immune to potential unlawful actions. Potentially, RPAS could be used
as weapons, the navigation or communication system signals of other RPAS could
be jammed or ground control stations hijacked.

The information
needed to manage 4D trajectories in the future air traffic management
system and to remotely control and aircraft will need to be communicated and shared
in real time by different aviation operators to optimize the performance of the
system. Addressing security vulnerabilities in information and communication
are therefore essential elements of the ATM Master Plan, of which RPAS will
become an integral part. The identified security requirements will then need to
be translated into legal obligations for all relevant players, such as the air
navigation service provider, RPAS operator or telecom service provider, under
the oversight of the competent authorities.

Action 3:

The Commission will ensure that security aspects are
covered in the operations of RPAS to avoid unlawful interference, so that
manufacturers and operators can take the appropriate security mitigating
measures.

3.4.
Protect
citizens' fundamental rights

RPAS
operations must not lead to fundamental rights being infringed, including the
respect for the right to private and family life, and the protection of
personal data. Amongst the wide range of potential civil RPAS
applications a number may involve collection of personal data and raise
ethical, privacy or data protection concerns, in particular in the area of
surveillance, monitoring, mapping or video recording.

RPAS
operators would need to comply with the applicable data protection provisions,
notably those set out in the national measures established pursuant to the Data
Protection Directive 95/46/EC [21] and
the Framework Decision 2008/977 [22]. The
most commonly identified risks relate to the use of surveillance equipment
installed on RPAS. Any processing of personal data will need to be based on a legitimate
ground. Consequently, the opening of the aviation market to RPAS would need to
involve an assessment of measures necessary to ensure the respect for
fundamental rights and the data protection and privacy requirements. The
privacy situation would need continuous monitoring by the competent authorities
including the national data protection supervisory authorities.

Action 4:

The Commission will assess how to make RPAS applications
compliant with data protection rules. It intends to consult
experts and relevant stakeholders; to address the
measures in its field of competence, possibly including awareness raising
actions, to protect fundamental rights; and to promote measures under national
competence.

3.5.
Guarantee
third party liability and insurance

Even
with the highest safety standards, accidents may happen and victims need to be compensated
for any injury or damage.

This
requires that those liable can be easily identified and are able to meet their
financial obligations. The current third-party insurance regime [23]
has been established in terms of manned aircraft, where mass (starting from
500kg) determines the minimum amount of insurance. The Commission will assess
the need to amend the current rules for RPAS specificities – many of which
weigh well below the current 500kg threshold - and the way to promote the
development of an efficient insurance market where fees correspond to the real
financial risk estimated on the basis of acquired evidence through incidents
and accident reporting.

Action 5:

The Commission will assess the current liability
regime and third-party insurance requirement. It will, subject to the impact
assessment, take the appropriate initiatives to ensure that adequate regulatory
provisions are in place.

3.6.
Support
market development and European industries

The Commission
will support the emergence of a RPAS market and the competitiveness of the
related industrial sectors, which include a large number of SMEs and start-ups.

Making use of EU
instruments such as the Horizon 2020 and COSME programmes, it will promote the
development of RPAS applications in a wide range of sectors, stimulate
user-driven innovation and foster the creation of cross-sectoral industrial
value chains, appropriate support infrastructures and clusters. It will also
identify in its own programmes and policies opportunities to promote the
utilisation of this innovative technology. For instance, RPAS may play a role
in Copernicus, the EU’s Earth Observation Programme, where they could
effectively complement space-borne and in-situ sensors for some monitoring and
surveillance services.

Action
6:

The
Commission will define specific actions under Horizon 2020 and COSME to
support the development of the RPAS market and
will ensure that the actors involved, in particular SMEs, have a comprehensive
view of these tools. It will establish the necessary cooperation mechanisms
with the work undertaken by the SESAR Joint Undertaking to avoid overlapping
and leverage on the available resources.

4.
Conclusions

RPAS
are becoming a reality and will soon be commercially available on a European
scale. The RPAS market poses a real opportunity to foster job creation and a
source for innovation and economic growth for the years to come. It also poses
new challenges related to safety, security and respect of citizens’ rights
which must be tackled before RPAS can be used on any serious scale in a
civilian environment. The lack of harmonized regulations across Europe and of validated technologies forms the main obstacle to open the RPAS market and to
integrate RPAS in European non-segregated airspace. Industry is urging rapid
steps towards the establishment of an enabling RPAS regulatory framework.

It is
now the right time to unlock the EU RPAS market with a combination of new and
existing regulatory action at the European level dealing with all relevant
issues, including the insertion of safety, security, privacy and data
protection requirements within existing EU rules in these areas. Also R&D
efforts are needed to ensure the progressive integration of RPAS into civil aviation
from 2016 onwards.

The
European Commission will use the Horizon 2020 programme for supportive R&D
actions. In addition, the challenge is to make smart use of existing industrial
programmes to bolster the competitiveness of RPAS industry and operators. The
European Commission also intends to bring forward, where appropriate,
legislative proposals to remove legal uncertainties that hinder the development
of the European market and to give European citizens confidence that high
levels of protection in terms of safety, security and privacy will be assured.

[1]               European Commission, (2011), "Flightpath 2050
", Brussels, p. 28

[2]               Non-segregated airspace requires aircraft to detect
other traffic and be able to take mitigating action. If such detection is not
possible, operations need to be limited to segregated airspace.

[3]               Commission Staff Working Document (SWD(2012)259).

[4]               JARUS is an international group of Aviation
Authorities, comparable to the former Joint Aviation Authorities. AT, Australia, BE, Brazil, DK, Canada, CH, CZ, DE, ES, FI, FR, EL, Israel, IT, MT, NL, NO, Russian Federation, South Africa, UK, USA are members, together with Eurocontrol and EASA.

[5]               For more details, see Commission Staff Working
Document (SWD(2012)259).

[6]               Teal Group Unmanned Aerial Vehicle Systems - Market
Profile and Forecast 2013 Edition.

[7]               UVS International Association (2013), “RPAS: The
Global Perspective”

[8]               Entered into force in April 2012 and governing RPAS
less than 25 kg.

[9]               AUVSI, (2013), "The Economic Impact of
Unmanned Aircraft Systems Integration in the US", 574p.

[10]             Estimate provided by ASD, the AeroSpace and Defence Industries Association of Europe.

[11]             Industry was involved in the "Roadmap for the
integration of Remotely Piloted Aircraft Systems in the European Civil Aviation
System" of the European RPAS Steering Group establishes an RPAS strategy
with a blend of regulatory initiatives, R&D efforts and coordination. In
addition, RPAS associations are being formed to express specific interests,
also to press for national and European action.

[12]             Article 8 of the 1944 Chicago Convention on
International Civil Aviation.

[13]             Including AT, BE, CZ, DK, FR, DE, IT, NL, NO, ES, UK.

[14]             Commission Staff Working Document (SWD(2012)259)
explains the problems in more detail.

[15]             Regulation (EC) No 216/2008 of the European Parliament
and of the Council of 20 February 2008 on common rules in the field of civil
aviation and establishing a European Aviation Safety Agency.

[16]             As long as the EASA scope is not formally widened
beyond 150 kg, EASA could adopt these deliverables as 'guidelines' for lighter
systems. These guidelines would then become European rules, if the EASA scope
of competence was widened.

[17]             The EDA is coordinating MIDCAS, the Mid Air Collision
Avoidance System project; the ESA DeSIRE, the Demonstration of
Satellites enabling the Insertion of RPAS in Europe.

[18]             Eurocontrol is the designated European Network Manager
and is to monitor the impact of RPAS integration on the performance of the
aviation network.

[19]             See ERSG Roadmap, Annex2: A strategic R&D plan.

[20]             This would include an assessment of the spectrum
requirements for appropriate follow-up during the next World Radio
Communications Conference.

[21]             Directive 95/46/EC on the protection of individuals
with regard to the processing of personal data and on the free movement of such
data, OJ L 281, 23.11.1995, p. 31–50.

[22]             Council Framework Decision 2008/977/JHA of
27 November 2008 on the protection of personal data processed in the
framework of police and judicial cooperation in criminal matters.

[23]             Regulation (EC) 785/2004 on insurance requirements for
air carriers and aircraft operators.

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