easa opinion no 01/2018

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

2

Content of the Presentation

UAS Regulation - EASA committee 21 Feb 2018

Regulatory concept

3

• 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


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

4

CATEGORIES


Comments received on NPA

5

More than 3700 comments from around 215 users of the CRT

%


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

7

Implementing and delegated act


Questions and comments welcome

EASA documents on UAS available at

https://www.easa.europa.eu/document-library/opinions/opinion-012018

TE.GEN.00409-001

EASA Opinion No 01/2018

Delegated Act

• Introduction to product regulation

• Technical requirements for UAS classes• C0

• C1

• C2

• C3

• C4

• Conformity assessment modules

• Third-country operators

10

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


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)


http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008R0765&locale=en

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008D0768&locale=en

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]


http://www.google.be/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwivqvn87qLLAhUGOQ8KHbhOD2UQjRwIBw&url=http://www.linternaute.com/hightech/magazine/drones-dix-modeles-incontournables/parrot-bebop-drone-au-top-de-la-qualite-video.shtml&bvm=bv.115339255,d.ZWU&psig=AFQjCNEmVB1WgMJ3XnRy2lgEcgT6lxXBIA&ust=1457037808901464

Functioning of the single market


Conformity assessment procedures


Summary of harmonization legislation tools


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)


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)


European harmonised standards


Process to make notified bodies available to industry


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


Delegated act

TECHNICAL REQUIREMENTS


• MTOM < 250 g

• maximum speed < 19 m/s (unless a toy)

• designed to minimise injury to persons (unless a toy)

24

Technical requirements – C0Sub-category A0: Fly over people


• 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

25

Technical requirements – C1Sub-category A0: Fly over people



• 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




• protection from electrical shocks

• e-identification

• noise < 60 dB(A)

• height limitation to 120 m

• datalink loss management

• geo-awareness

• mechanical strength




• 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


• geo-awareness

• MTOM < 4 Kg

• selectable low speed mode up to < 3 m/s

• designed to minimise injury to persons

26

Technical requirements – C2Sub-category A1: Fly close to people




• unique SN

• datalink protection

• lights for controllability and visibility, not to be confused with manned navlights

General









• geo-awareness

• mechanical strength


• 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

27

Technical requirements – C3Sub-category A2: Fly far from people




• unique SN


• Lights for controllability and visibility, not to be confused with manned nav lights

General








• geo-awareness

• MTOM < 25 Kg

• Ground risk mitigated by operational limitations

• MTOM < 25 Kg

• Ground risk mitigated by operational limitations

28

Technical requirements – C4Sub-category A2: Fly far from people



General




• 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


• 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

30

Conformity assessment modules


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.

31

Third-country operators


Questions and comments welcome

EASA documents on UAS available at

https://www.easa.europa.eu/document-library/opinions/opinion-012018

easa opinion no 01/2018

Documents