Post on 22-Mar-2022
TE.GEN.00409-001
EASA Opinion No 01/2018
Introduction of a regulatory framework for the operation of unmanned aircraft systems in the
‘open’ and ‘specific’ categories
• Regulatory concept
• Background – NPA
• Implementing Act• Open category
• Flexibility for MS
• Registration
• Tools for enforcement perspective
• Rules made simple for UAS operators
• Specific category
• LUC
• Mutual recognition
• NAA perspective
• Model aircraft
• Applicability
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Content of the Presentation
UAS Regulation - EASA committee 21 Feb 2018
Regulatory concept
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• Operation-centric
• Proportionate
• Performance-based
• Risk-based
OPEN:
Low risk
No authorisation or declaration by UAS operator required before starting the
operation
SPECIFIC
Increased risk
UAS operator required to conduct a risk
assessment and receive authorisation by NAA
before starting the operation
CERTIFIED
Regulatory regime similar to manned
aviation
Certified UAS operator
Certified UAS
Licensed pilot
UAS Regulation - EASA committee 21 Feb 2018
Background and principles- NPA 2017-05
• Published on May 4, 2017
• Covers all the regulatory elements for operations in the open and specific categories
• Provides for a meaningful open category (e.g. fly over non-involved people, fly close to people, fly at night)
• Integrates both aviation and product legislation (CE marking)
• Defines responsibilities and roles of UAS operators and pilots
• Clarifies the role of and flexibility for Member States
• Includes the foundations of U-space
• Contributes to security, privacy and data protection and environmental protection
• Developed with the support of:• a UAS expert group
• a dedicated meeting with industry, model clubs and associations, NAA
• privacy and security authorities
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CATEGORIES
UAS Regulation - EASA committee 21 Feb 2018
Comments received on NPA
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More than 3700 comments from around 215 users of the CRT
%
UAS Regulation - EASA committee 21 Feb 2018
CRD will be published during Q1 2018
Comments received on NPA
• Key elements observed:
• Diverging requests
• Several requests for clarifications that will result in new AMCs and GM
• Many requests for general simplifications, in particular for the open category
• Some proposed improvements in the regulation text not affecting the concept
• Several requests to adapt other regulations (Insurance, SERA, ...)
-> However performance- and risk-based framework not disputed
6UAS Regulation - EASA committee 21 Feb 2018
Political agreement between Commission, Council and Parliament on new Basic Regulation
• Implementing act
• Requirements related to operation and registration
• Delegated act
• Requirements related to CE marking, technical requirements and third-country operators
• It is very important that these two acts remain fully consistent in the future as they together implement the operations-centric concept
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Implementing and delegated act
UAS Regulation - EASA committee 21 Feb 2018
Questions and comments welcome
EASA documents on UAS available at
https://www.easa.europa.eu/document-library/opinions/opinion-012018
• Introduction to product regulation
• Technical requirements for UAS classes• C0
• C1
• C2
• C3
• C4
• Conformity assessment modules
• Third-country operators
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Content of the Presentation
UAS Regulation - Delegated Act - 21 Feb 2018
Commission legislation Open category
Commission regulation on UAS
operations
Commission delegated regulation on making UAS available on the EU
market
Safety
AV
IAT
ION
INT
ER
NA
L
MA
RK
ET
Open category
•Procut harmonisation
legislation
UAS Regulation - Delegated Act - 21 Feb 2018 11
EU Single Market for Goods
• Commission objectives:
• to ensure the free movement of goods within the market,
• to set high safety standards for consumers and the protection of the environment
• Two situations
• Non-harmonised sector
• Notification procedure to ensure that national regulations do not create undue barriers to tradeMS notifies draft technical rules to EU and other MS
• Harmonised sectors
• Harmonised sectors are subject to common rules across the EU Product harmonisation legislation
UAS Regulation - Delegated Act - 21 Feb 2018 12
Product harmonisation legislations
Set-up according to the New Legislative Framework made up of two main items
of legislation that establish the building blocks of the Single Market
• Regulation (EC) 765/2008 establishes the following mechanisms:
• Accreditation: ensures that conformity assessment bodies have the technical capacity to perform their duties
• Market surveillance: checks that products on the EU market comply with requirements
• CE marking: signifies that products have been assessed as meeting all the applicable requirements
• Decision 768/2008 provides a template for harmonisation legislation
• Obligations of economic operators
• Conformity assessment procedures,
• Presumption of conformity provided by harmonised standards
• Notification of conformity assessment bodies,
• Safeguard procedure (framework to coordinate market surveillance actions at EU level)
UAS Regulation - Delegated Act - 21 Feb 2018 13
Product harmonisation legislations
• The following product legislation applies to drones:
• Radio Equipment - Directive 2014/53/EU
• EMC - Directive 2004/180/CE
• Low Voltage - Directive 2014/35/EU
• Machinery – Directive 2006/42/EC
• ROHS - Directive 2011/65/CE
• General product safety
directive 2001/95/CE
• [Toys Safety - Directive 2009/48/EC]
UAS Regulation - Delegated Act - 21 Feb 2018 14
Simplified overview of conformity assessment Modules
• Modules are provided by Decision 768/2008/EC
• Additional variants exist
• Details are in the backup slides
Design Production
A : Conformity to requirements assessed by Manufacturer
B : Type examinationcertificate issued by a Notified Body
C : Conformity to type assessed by Manufacturer
D : C + manufacturer operating a certified QA system for production (by Notified Body or ISO 9001)
E : C + manufacturer operating a certified QA system for final inspection (by Notified Body or ISO 9001)
F : Conformity to type assessed by Notified Body
G : Conformity to requirements assessed by Notified Body
H : A + Manufacturer operating a full QA system (design & production)
UAS Regulation - Delegated Act - 21 Feb 2018 18
Use of standards in conformity assessments
• The use of standards is voluntary; it facilitates the demonstration of conformity
• Application of the specifications included in a "harmonised standard" confers a "presumption of conformity" with the essential requirements it covers
• `When a manufacturer chooses not to apply a harmonised standard, he/she needs to demonstrate how the compliance is reached.
• To provide a 'presumption of conformity', a standard
• must be a harmonised standard
• the references of which have been published in the Official Journal of the European Union.
• A harmonised standard • is a European standard developed by a recognised European standards organisation: CEN,
CENELEC, or ETSI.
• is created following a request from the European Commission to one of these organisations (adoption of a mandate by the EC)
UAS Regulation - Delegated Act - 21 Feb 2018 19
Process to make notified bodies available to industry
UAS Regulation - Delegated Act - 21 Feb 2018 21
Market surveillance
• Responsibility of Member States to organise it
• Performed by public authorities designated by MSs
• Ensure that products placed on the market are in conformity with the requirements of the legislation
• It includes actions such as
• product withdrawals,
• recalls
• and the application of sanctions
to stop the circulation of non-compliant products and/or bring them into compliance.
4 examples are provided in the backup slides
One survey on application of the R&TTE directive shows a total of 90% non-
compliance (50% technical; 40% administrative). Details in backup slides
UAS Regulation - Delegated Act - 21 Feb 2018 22
• MTOM < 250 g
• maximum speed < 19 m/s (unless a toy)
• designed to minimise injury to persons (unless a toy)
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Technical requirements – C0Sub-category A0: Fly over people
UAS Regulation - Delegated Act - 21 Feb 2018
• information notice
• two sets of requirements: toy directive or dedicated requirements
• if with follow-me mode, keep a distance < 50 m from remote pilot
General
Mitigation of ground risk
Mitigation of air risk
• clear operational instructions
• protection from electrical shocks (unless a toy)
• height limitation to 120 m or VLOS whichever comes first (case of toys)
• transferred energy < 80 J or MTOM < 900 g
• maximum speed < 19 m/s
• designed to minimise injury to persons
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Technical requirements – C1Sub-category A0: Fly over people
UAS Regulation - Delegated Act - 21 Feb 2018
• information notice
• low battery warning
• unique SN
• lights if required for controllability, not to be confused with manned nav lights
• if with follow-me mode, keep a distance < 50 m from remote pilot
General
Mitigation of ground risk
Mitigation of air risk
• clear operational instructions
• protection from electrical shocks
• e-identification
• noise < 60 dB(A)
• height limitation to 120 m
• datalink loss management
• geo-awareness
• mechanical strength
• e-identification
• noise < 60 dB(A)
• low battery warning
• unique SN
• transferred energy < 80 J or MTOM < 900 g • mechanical strength
• lights if required for controllability, not to be confused with manned nav lights
• datalink loss management
• geo-awareness
• MTOM < 4 Kg
• selectable low speed mode up to < 3 m/s
• designed to minimise injury to persons
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Technical requirements – C2Sub-category A1: Fly close to people
UAS Regulation - Delegated Act - 21 Feb 2018
• information notice
• low battery warning
• unique SN
• datalink protection
• lights for controllability and visibility, not to be confused with manned navlights
General
Mitigation of ground risk
Mitigation of air risk
• clear operational instructions
• protection from electrical shocks
• e-identification
• noise < 60 dB(A)
• height limitation to 120 m
• datalink loss management
• geo-awareness
• mechanical strength
• datalink protection
• MTOM < 4 Kg
• selectable low speed mode up to < 3 m/s
• lights for controllability and visibility, not to be confused with manned nav lights
• MTOM < 25 Kg
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Technical requirements – C3Sub-category A2: Fly far from people
UAS Regulation - Delegated Act - 21 Feb 2018
• information notice
• low battery warning
• unique SN
• datalink protection
• Lights for controllability and visibility, not to be confused with manned nav lights
General
Mitigation of ground risk
Mitigation of air risk
• clear operational instructions
• protection from electrical shocks
• e-identification
• height limitation to 120 m
• datalink loss management
• geo-awareness
• MTOM < 25 Kg
• Ground risk mitigated by operational limitations
• MTOM < 25 Kg
• Ground risk mitigated by operational limitations
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Technical requirements – C4Sub-category A2: Fly far from people
UAS Regulation - Delegated Act - 21 Feb 2018
• information notice
General
Mitigation of ground risk
Mitigation of air risk
• clear operational instructions
• not capable of automatic control modes
Frequency for e-identification
• It was proposed to add to the requirements on e-identification the use of a specific frequency:• It is cheap, it works for local identification
• It would lead to harmonisation
• The Opinion does not retain that proposal for the following reasons:• Our approach is to remain technology neutral
• Quoting only a frequency will not ensure full harmonisation
• This slide is intended to trigger a debate
UAS Regulation - Delegated Act - 21 Feb 2018 29
• Module A: declaration by manufacturer to demonstrate compliance of design and product
• Module B: design examined by notified body
• Module C: declaration by manufacturer to demonstrate compliance of the product
• Module H: quality system of the manufacturer assessed by a notified body
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Conformity assessment modules
UAS Regulation - Delegated Act - 21 Feb 2018
Class Module(s)
0 A1,2, B + C or H
1 A1, B + C or H
2 B + C or H
3 B + C or H
4 A1, B + C or H
1When standard available
2If compliant with toy directive
• UAS regulation applies
• Competent authority is the one of the place of first operation
• Certificate of remote pilot competency or the UAS operator, or anequivalent document, may be recognised, provided that:• the third country asked for such recognition;
• the certificate of remote pilot competency or the UAS operator’s certificate is a valid document of the State of issue; and
• EASA has ensured that the requirements on the basis of which such certificates have been issued provide the same level of safety as this Regulation does.
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Third-country operators
UAS Regulation - Delegated Act - 21 Feb 2018