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I S S U E 81
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The new EASA basic regulation
(regulation 2018/1139) has entered
into force on 11 September of this
T year. This new regulation is a very
significant step (but by no means
the last one) of a long process that
started in 2015 when the Commission
EASA published its Aviation Strategy for Europe. In its
Aviation Strategy, the Commission advocated that the
REGULATION regulatory framework must include the integration
of new business models and emerging technologies,
such as electric engines or drones as well as a more
($6$1HZ%DVLF5HJXODWLRQFRPHVLQWRHIIHFW
proportionate approach to regulation, and a recognition
UHSUHVHQWLQJDYHU\VLJQL˱FDQWVWHSRIDORQJSURFHVV of differences in risks involved in various sectors of civil
DLPLQJWRHQKDQFHFRPSHWLWLYHQHVVLQWKH(8DYLDWLRQ aviation.
VHFWRUDQGHQFRXUDJHLQQRYDWLRQ The Commission also indicated that the regulatory
framework must provide more regulatory flexibility
%<*,8/,$0$85, making better use of available resources at EU and
Member States level.
The new regulation repeals regulation 216/2008
that had put in place commons rules for the safety in
aviation and had created EASA.
The new basic regulation of EASA aims to enhance
competitiveness in the EU aviation sector and encourage
innovation. Its purposes are also to harmonise the
rules among member states in matters concerning
air mobility as well as digitalisation and civil drones.
Moreover, this new regulation deals with the growth of
air traffic, increases security and data protection, and
reduces costs, delays and the impact of air traffic on the
environment.
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MAIN CHANGES tjoules of kinetic energy upon impact with a person
The main changes of the new basic regulation can has been determined for the registration of drones
be summarised as follows: by the operators.
The noise and emissions generated by drones
IJ62#,1'-,-$2!-.# are also regulated. The regulation allows Member
If Member States opt in, the new regulation applies States to designate certain parts of their airspace as
to aircraft carrying out military, customs, search and being restricted to only certain categories of drones.
rescue, border control, fire fighting and coastguard
or similar services undertaken in the public interest. IJ--.#0 2'-, #25##,+#+ #012 2#1
These operations were expressly excluded from the The transfer of responsibilities is now planned
scope of application of the previous regulation. in the regulation and information sharing and,
in particular, setting up of a central repository of
IJ20#,%2&#,',%-$Œ1!-+.#2#,!'#1 licensing information is allowed.
In order to support further harmonisation and
standardisation of aviation safety regulations IJ-*#-$2&#!-++'11'-,
across Europe, the role of EASA has been extended The powers of the Commission concerning the
to research and development, environmental adoption of implementing rules are extended and
protection, coordinating the role in cyber security in inversely, the powers conferred on the European
aviation and international cooperation. Unmanned Parliament are reduced.
aircraft and ground handling service providers are
new competencies of the agency. IJ2�
Furthermore, the EASA’s structure is modified. New tools that support the implementation of simple
For instance, an Executive Board is created to assist and proportionate rules for sport and recreational
the Management Board and the Executive Director. aviation are provided for in this regulation.
IJ 0+-,'1#"03*#1 ..*'! *#2-"0-,#1 $%,*67(3
This regulation innovates by being the first EU- To conclude, we have to recognise that this piece of
wide piece of legislation for civil drones. legislation is a big step in the area of safety of aviation.
It creates three types of risk-based categories Major industries such as Drones Manufacturers
for drones. Proportional rules apply for each type Alliance Europe (DMAE) and General Aviation
of drone. Higher-risk drone operations require Manufacturers Association (GAMA) welcome
certification, while drones presenting the lowest this revision of the regulation. Pursuant to the
risk will simply need to conform to the normal EU President of GAMA, “This is a unique opportunity
market surveillance mechanisms. A threshold of 80 to reflect the Agency’s newfound thinking on the
better regulation of general aviation
in particular.” DMAE adds that it
“marks an important step towards the
creation of a strong EU-wide market
for drones”. However, the European
Business Aviation Association (EBAA)
“The purpose is to to harmonise regrets that the new rules and, in
the rules among member states particular, the new definition of
Commercial Air transport, are not
in matters concerning air adapted to the particularities of the
mobility as well as digitalisation business aviation industry.
Pierstone is an international law
and civil drones.” firm focused on the regulated sectors
of the economy, including aviation
GIULIA MAURI
and transport, telecommunications in advising national and international clients matters. Ms Mauri publishes regularly on selected
and energy. Giulia Mauri heads the on all aspects of aviation and transport related aviation and transport related topics and she is
aviation practice of Pierstone. She transactions, including asset-finance and leasing, often invited as a speaker at major sector specific
has more than 15 years’ experience regulatory issues, carrier’s liability and litigation seminars and events.
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