Legislation governing the operation of drones

In addition to supplementing information on the registration of UAS operators (obligations and conditions of registration) and certified UA, this implementing Regulation allows EU Member States to regulate the operation of UAS by publishing a geographical zone for UAS in which the operation of UAS may be prohibited/limited according to the required entry conditions. The Implementing Regulation also introduces a completely new categorisation of UAS operations (open, specific, certified). UAS are divided into these categories and, in the case of the open category, also into sub-categories of operation based on several factors, including, for example, the need to submit an UAS operational authorisation and UAS certificate as well as a UAS operator's certificate; the granting of a remote pilot licence for UAS; maximum take-off weight, maximum flight height from the nearest point of the ground surface, type of transported goods. The Regulation describes the rules for the operation of model aircraft, especially in relation to model aircraft clubs and associations. A completely new concept in the Appendices of this Implementing Regulation in the case of UAS operation in a specific category is the so-called standard scenario. This is a predefined operation procedure which facilitates the entry conditions for the UAS operator belonging into a specific category of operation to carry out his flight. In the event that the UAS operator intends to fly a UAS in this category of operation, i.e. in a specific category, there are several ways for him to obtain an operational authorisation to operate for this category of UAS. These methods include a request from the UAS operator for:

1. Authorisation to operate through a risk assessment of the intended operation (SORA method);
2. authorisation to operate through a pre-defined risk assessment (PDRA);
3. c. Light UAS Operator Certificate (LUC).

The Commission Implementing Regulation (EU) has been created to amend Commission Implementing Regulation (EU) 2019/947. The main additional content is 2 specific standard scenarios (STS). Standard Scenario 1 addresses operation in visual line of sight (VLOS) of the remote pilot at a maximum operating height of 120 m above the controlled ground surface in a populated environment. Operation in Standard Scenario 2 takes place outside the visual visual line of sight of the UAS remote pilot (BVLOS), which moves away from him at a maximum of 2 km. The operation is conditioned by the presence of observers and the maximum flight height of the UAS, which is 120 m above the controlled ground area in a sparsely populated environment.

One of the important additions, apart from the information on standard scenarios, in this Implementing Regulation is a measure to improve the visibility of UA operating at night so that a person on the ground can distinguish it from a manned aircraft by means of a green flashing light.

The Regulation was published due to the amendment of Commission Implementing Regulation (EU) 2019/947 in order to postpone the date of applicability of certain measures in relation to the Covid-19 pandemic. In addition to delays in the establishment of digital and interoperable registration systems, modification of authorisations, declarations and certificates, this Regulation allowed all types of UAS to continue to operate under the then existing conditions for an additional 6 months.

Amending Regulation which supplemented the UAS classes defined in Commission Delegated Regulation (EU) 2019/945. The Regulation introduces two new classes of UAS, Class C5 and C6, for which it defines both the requirements for UAS belonging to these classes and the requirements for accessories for classes C5 and C6. These are UAS classes for which EASA has published two standard scenarios, Standard Scenario 1 for the operation of UAS belonging to Class C5 and Standard Scenario 2 for the operation of UAS belonging to Class C6 (see Commission Implementing Regulation (EU) 2020/639).

A trio of flagship implementing regulations relating to the regulatory framework for U-space, defined as "a geographical zone for unmanned systems defined by Member States where the operation of unmanned systems is only permitted with the support of U-space services". Their main content is set out in Commission Implementing Regulation (EU) 2021/664, which defines the requirements for the establishment of a U-space airspace, a common information service providers, a UAS operators, a U-space service providers and the requirements for both mandatory and supplementary U-space services themselves.

Commission Implementing Regulation (EU) 2021/665 defines the necessary requirements for air traffic services providers (e.g. ATC of the Czech Republic) within the designated U-space aispace in controlled airspace.

The rules for the establishment of U-space in uncontrolled airspace, the content of which concerns not only UAS but also general air traffic, are set out in Commission Implementing Regulation (EU) 2021/666. The only mentioned solution that will increase situational awareness in such an airspace. U-space, and therefore safety, is the electronic visibility of manned aircraft so that measures can be taken to avoid a collision.

Regulation postponing the date of application of some of the provisions contained in Commission Implementing Regulation (EU) 2019/947, specifically Article 23, which introduces the entry into force and applicability of the Regulation. For operations that comply with one of the two standard scenarios set out in the European Regulation, only the declaration of UAS operators (in accordance with Article 5(5) of that Implementing Regulation) may be issued instead of an application for an operational authorisation, as from 3 December 2023. Until then, Member States should be able to accept declarations of UAS operators in accordance with Article 5(5) of that Implementing Regulation on the basis of national standard scenarios or equivalent provisions.