Chapter 12 - An overview of unmanned aircraft systems (UAS) governance and regulatory frameworks in the European Union (EU)

Abstract

The development and utilization of unmanned aircraft systems (UAS) has seen remarkable growth in various applications during the past two decades. Although the advancements and availability of civil UAS has brought considerable benefits in various fields, the evident threats and risks posed to, for example, physical safety, privacy, and data security have made enhancing UAS governance necessity. In European context, national regulations first began to appear in the early 2000s. Recently, a radical change to UAS regulatory framework in European Union (EU) was made by replacing the fragmented approach of EU and member state level regulations by the centralized, top-down framework of Regulation (EU) 2018/1139 on common rules in the field of civil aviation, which applies to all UAS regardless of weight and size with only very few exceptions. Further mandates given to the European Commission and European Aviation Safety Agency (EASA) led to the Implementing Reg. (EU) 2019/947 and Delegated Reg. (EU) 2019/945, which for example lay down detailed provisions for the operation of UAS, personnel and organizations, and requirements for the design and types of UAS intended to be operated under the rules. The adoption of new regulatory framework has not been without issues. Delays and problems in adoption of new regulations is somewhat expected, however, there are also likely bigger challenges related to, for example, proper balance with sectorial laws concerning, for example, data protection and privacy. On the other hand, the adopted risk-based approach requires real-world data, and data reporting and sharing infrastructure. The approach to predominantly focus on controlling safety risks also runs the risk of overlooking broader societal impacts of UASs. It is yet to be seen, whether the in essence reactive governance can provide the regulatory flexibility necessary for technical innovation and the regulatory stability necessary for long-term investment.