1European and UK Drone LawSimon Phippard, Of CounselGerry Corbett, Civil Aviation AuthorityJames Dunthorne, ARPAS-UKRAeS UAS Regulatory WorkshopLondon, 11 February 2019Agenda1. New Basic Regulation (EU) 2018/11392. Draft Implementing and Delegated UAS Regulations3. Changes to the UK Air Navigation Order4. Consultation on the draft Drones Bill5. Private Member's Bill: Drone Regulation (No.2) Bill6. Questions?Drone Regulatory Workshop - February 2019Page 2

2European UAS regulation: timeline• 2014: European Commission asked EASA to develop a new regulatory framework for drones• 12 March 2015: EASA "Concept of Operations for Drones"• 31 July 2015 to 25 September 2015: Consultation on A-NPA 2015-10 Introduction of a regulatory framework for the operation of drones• 7 December 2015: Aviation Strategy for Europe - COM(2015) 598 final; Proposal to amend the Basic Regulation - COM(2015) 613 final. • 18 December 2015: EASA Technical Opinion - RMT.0230• 22 August 2016: "Prototype" Commission Regulation on Unmanned Aircraft Operations • 4 May 2017: Notice of Proposed Amendment 2017-05. Substantial redraft of Prototype Regulation – consultation until late September 2017• 22 December 2017: Political agreement on amendments to Basic Regulation• 6 February 2018: EASA Opinion No 01/2018; draft Commission Regulations and Acceptable Means of Compliance/Guidance Material• June 2018: further drafts of Commission Implementing Regulation; Annex: UAS operations in the 'open' and 'specific' categories and Commission Delegated Regulation• 11 September 2018: new Basic Regulation (EU) 2018/1139 of 4 July 2018 came into force• 5 October 2018: further drafts of Implementing and Delegated RegulationsDrone Regulatory Workshop - February 2019Page 3Changes to Basic Regulation as of11 September 2018Chapter III, Section VII, Articles 55-61• Confers powers on Commission to adopt:• implementing regulations for UAS operation• delegated regulations for UAS design, production and maintenanceof any weight – not just >150kg• Regulations may require certification or declaration of compliance, and may disapply Chapters IV (conventional certification) and V (the role of EASA) from UASAnnex IX• Essential Requirements for UAS – the starting point for design, production, maintenance and operation• Generic requirements applicable to all UAS• More detailed requirements for classes subject to certification or declaration"Certification" in this context is not the same as traditional Type CertificationDrone Regulatory Workshop - February 2019Page 4

35UAS Regulatory Update RAeS UAS Regulatory Workshop – 11 Feb 2019Gerry Corbett – UAS Operations PolicyUAS UnitCAA Safety & Airspace Regulation Group6Scope

�EU UAS Regulation Progress/Outline�Reminder of UK regulatory approach�UK Small UAS Regulation development

47Future developments – EU regulation� ‘Harmonisation’ – one of the key aims of the EU� New Basic Regulation – First step. Gives ‘legal competence’ to EC/EASA � EU UAS regulations have been under development for several years� 3 ‘consultations� A/NPA – 2015� ‘Prototype rules’ – 2016� NPA – 2017

� EASA’s Opinion published Feb 2018� 4 x redrafts since then, 5th expected today or tomorrow

8• Low/no risk• Basic ruleset• Operator Registration & RP competency reqs• No involvement of Aviation Authority• Less than 25kg• VLOS• 120m (400ft) max ‘height’• product standards(CE)OPEN • Med/Special risk• cannot comply with Open cat• Operational authorisation• based on safety risk assessmentSPECIFIC • Same regulatory regime as manned aviation• EASA and Authority Certificates• Transport of people or DG• High KE over open assemblies• Risk ’too high’ for Specific cat• Current ‘manned’ regs to be adapted for UAS CERTIFIEDEU UAS Regulation – Operation centric and risk based approach

59EU UAS Regulation� Published as two separate, but interlinked documents� Implementing Regulation (IR)� Sets out the basic details for all three categories � But majority of content aimed toward Open and Specific (as Certified is covered by adjustments to the current ‘manned’ Regs)� 23 Articles, plus a 3 part Annex

� Delegated Regulation (DR)� Primarily for Open category – specific product standards (CE ‘type’ marking)� Includes noise limits for some product classes

� Also sets out requirements for ‘Third Country’ (non EU) operators (ie. how they are able to operate within EU airspace)10Open category

� Now a greater reliance on product standards (ie. CE ‘type’ marking). 3 Key ‘entry conditions’� Less than 25kg MTOM� VLOS� Not above 120m/400ft

� Three ‘sub categories’ within the Open cat� A1 – Fly ‘over’ people – ‘inherently harmless’

� C0 class – DR product stds (toys, ‘less than 250g’)� C1 class - DR stds (less than 900g/80J, less than 19m/s, remote ID, noise limit)� ‘home built’ less than 250g

� A2 – Fly ‘close to’ people (50m unless ‘low speed mode’ ) – additional RP competency required� C2 class – DR stds (less than 4kg, ‘safely made’, noise limit, remote ID, geo awareness)

� A3 – Fly ‘far from’ people (no uninvolved persons present)� C3 class – DR stds (remote ID, geo awareness)� C4 class – DR stds (but more akin to traditional model a/c – no automation)� ‘home built’ or ‘non-CE marked’ UA

611Specific category� UAS operator required to obtain an ‘operational authorisation’ based on a risk assessment

� very similar to the current UK process for obtaining a permission or an exemption� Tell us:

� What/where/how you wish to operate� Demonstrate to us that it is safe enough

� ‘Standard Scenario’ concept introduced� ‘pre assessed’ operating scenarios – no risk assessment/safety case required (because EASA/CAA has already done it)� May be either:

� Declarative - just ‘tell us’ you are flying iaw the scenario� Authorised – apply to CAA and receive authorisation

� ‘Light UAS Operator certificate (LUC)Mobility andTransport

Articles 20-21-22-23: transitional periodsRegistration / UAS operations in Specific categoryIR becomes ‘applicable’ 1 year after entry into forceEntry into force 2 years 3 years1 yearArt 21. validity of authoris./certificate/ decl. based on national regulations Art 21 Operational author. for model clubs and assoc.Art 20 Legacy UAS can be operated in open category (A1 or A3)Art 22: MS may allow operations in sub-categories A1, A2 and A3 with “compensating” factors Art 21. Authoris./ certificate/ declar. based on national regul. to be convertedArt 21. MS to define geographical zonesArt 23. Operations may be declared based on standard scenario defined by national regulations Art 20 New UAS placed on the market without CE mark cannot be operated in open category

713UK Changes� UK Gov’t consultations in 2017 and 2018� Responses published Jul 17 and Jan 18� ANO changes for small UAS (20kg or less)May 2018 plus another due Mar 19

� 400ft height limit for all� Distance restriction from ‘Airports’� To be included but ‘effective’ at a later date

� Registration � Pilot competence requirements

� Draft Bill� Increased Police powers for enforcement� Increased fines� Mandatory use of a mapping ‘app’

14The Air Navigation (Amendment) Order 2018� Statutory Instrument (SI) 2018 No. 623� Not a ‘new ANO’� It is an amendment to ANO2016� So we are still working to ANO2016 ‘as amended’ (SI 2016 No. 765)� Text of SI simply tells you what to deleteadd, replace etc. It does not give you the ‘complete’ version in its own right, so it can be hard to follow� Note that there was also a 2017 amend(SI 2017 No. 1112) and the 2019 amend will be ‘made’ very soonRemember, CAP393 is not the ANO !

815But don’t lose focus………� The 2018 amend introduced a lot of additional text (about 3 times as much as before….) and the 2019 amend adds to this� However, the immediate changes were still:� 400ft height limit for all small unmanned aircraft� New distance limitation from aerodromes (to be further changed in the 2019 amend)� Plus some terminology changes and some corrections to previous ‘oversights’

� Large proportion of the text in the amend does not actually become relevant until November 2019� Registration and remote pilot competence aspects

1694A (2018)Small unmanned aircraft: height restrictions on flights 94A.—(1) The SUA operator must not cause or permit a small unmanned aircraft to be flown at a height of more than 400 feet above the surface, and the remote pilot of a small unmanned aircraft must not fly it at a height of more than 400 feet above the surface, unless the permission of the CAA has been obtained. (2) This article does not apply to any flight within the flight restriction zone of a protected aerodrome (within the meaning given in article 94B).� Now applies to all small unmanned aircraft, regardless of mass� Note there is scope to apply to the CAA for permission to fly higher (but obviously we need the mitigation for this)

91794A - Interpretation� Hilly/undulating terrain or close to cliff edges� Same interpretation is being used within the forthcoming EU UAS regulations� Applies to heights/distances from the earth’s surface – not automatically applicable to buildings or structures

1894B (2018) Flight Restriction Zone 1 km1 km lineOuter ZoneInner Zone

101994C & 94D (Registration of SUA operator )94C – ‘Establishing article’� Tasks CAA to create a registration scheme by 1 Oct 2019� Scheme still being developed 94D� Sets out requirements for registration� Follows the principles from the EU UAS IR� SUA operator only is registered, not the aircraft itself (operator = the person who has the management of the small unmanned aircraft)� Only required for flights of aircraft of 250g or more

2094E & 94F (competency of Remote Pilot)94E – ‘Establishing article’� Tasks CAA to create a remote pilot competency scheme by 1 Oct 2019� Scheme still being developed 94F� Sets out requirements for remote pilots to hold a basic level of competence� Follows principles from EU UAS IR� Only required when flying aircraft of 250g or more

11212019 ANO Amend� Expands the current ‘Flight Restriction Zone’ from the previous ‘1km zone’� Based on ATZ plus 5km x 1km ‘Runway Protection Zones’� Same ‘Protected Aerodromes’ � EASA Certified, national licensed & Government aerodromes� Facility exists to ‘prescribe’ other aerodromes if necessary

� FRZ restrictions combined into article 94A (with 400ft lim)� 94B now used for interpretation

� Chart of all FRZs being produced for reference� Expected ‘into force’ mid Mar 19� Details to be published once ‘laid’ before Parliament Consultation on draft Drones BillPublished July 2018● To build on changes to ANO● Measures under consideration include:• Regulating and mandating use of apps for filing of flight plans before take-off• Additional police powers, including fixed penalties• Authorising use of counter-drone technology to protect public events and critical national infrastructure• Preventing contraband entering prisons• Minimum age restrictions for drone owners• Possible extension of 1km 'Outer Zone' around aerodromesDrone Regulations - January 2019Page 22

12Next StepsConsultation on draft Drones Bill● Consultation closed 17 September 2018● Results of consultation and proposed next steps published 8 January2019● Draft Drones Bill was expected to be published at same time …And finally● Peter Bone, MP, introduced a Private Member's Bill in September 2017.It was due its second reading on 8 February 2019 but now listed forFriday 15 March 2019● The B-word …Drone Regulations - January 2019Page 23The information given in this document concerning technical legal or professional subject matter is for guidance only and does not constitute legal or professional advice. Always consult a suitably qualified lawyer on any specific legal problem or matter. Bird & Bird assumes no responsibility for such information contained in this document and disclaims all liability in respect of such information. This document is confidential. Bird & Bird is, unless otherwise stated, the owner of copyright of this document and its contents. No part of this document may be published, distributed, extracted, re-utilised, or reproduced in any material form.Bird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated and associated businesses.Bird & Bird LLP is a limited liability partnership, registered in England and Wales with registered number OC340318 and is authorised and regulated by the Solicitors Regulation Authority. Its registered office and principal place of business is at 15 Fetter Lane, London EC4A 1JP. A list of members of Bird & Bird LLP and of any non-members who are designated as partners, and of their respective professional qualifications, is open to inspection at that address.twobirds.com

Any Questions?Thank youSimon PhippardOf CounselTel: +44 (0)20 7415 6156simon.phippard@twobirds.com