3rd ALIAS Conference Presentation 5-6 October 2015

2. Addressing Liabilities with RPAS
Introduction by Alfredo Roma
European Space Policy Institute -
Vienna

3. RPAS: the European Commission Strategy
• Brussels: 8th October 2009: Light UAS Hearing.
• Brussels: 1st July 2010 – European High Level Conference on UAS
attended by EU MS, Civil and Military Authorities, FAA, ICAO, ANSP,
Industry and operators. More than 450 delegates agreed on the enormous
potential of Civil Drones and the need to create a specific legal framework.
• 2011/2012 - EC UAS Workshops on: 1. The UAS Market - 2. UAS Insertion
into airspace and radiofrequencies – 3. UAS Safety and certification – 4.
UAS Social impact – 5. Research and development.
• 2012/2013 – After a series of consultations the European Commission
formed “The European RPAS Steering Group” with the mandate to
establish a Roadmap for the safe integration of civil RPAS into the
European aviation system, aiming at an initial RPAS integration by 2016.

4. The European RPAS Steering Group Roadmap
The Roadmap was presented at the Le Bourget Airshow in June 2013.
It identifies the actions that should be taken in the areas of regulation,
research and societal impact of RPAS, taking into account the
necessary coordination and interdependencies between these three
streams of activities. Each of these areas is developed in a specific
annex to the Roadmap:
• Annex 1 provides a Regulatory Work Plan identifying the
improvements to the existing regulatory framework considered
necessary to allow RPAS operating outside segregated airspace;
• Annex 2 presents a Strategic R&D Plan identifying the technology
enablers and the research activities necessary to achieve a safe
integration of RPAS;
• Annex 3 analyses aspects of the societal impact of RPAS.

5. Communication to the European Parliament
On 8 April 2014 the Commission sent Communication to the European
Parliament and the Council (based on the Roadmap): A new era for Aviation -
Opening the aviation market to the civil use of remotely piloted aircraft
systems in a safe and sustainable manner.
The Communication states that: “The European strategy aims at establishing
a single RPAS market to reap the societal benefits of this innovative
technology and at dealing with citizens' concerns through public debate and
protective action wherever needed”…... The Communication suggests 6
actions: 1. Examine the regulatory preconditions to integrate RPAS into the
European airspace from 2016 onwards; 2.Identify R&D needs for the
integration of RPAS in the ATM Master Plan and SESAR; 3. Ensure security
aspects; 4. Protect fundamental rights (privacy); 5. Guarantee third party
liability and insurance; 6. Define specific actions under Horizon 2020 and
COSME.
This is a key step. When will the Parliament express its opinion??

6. Privacy Data Protection and Ethics
• On 26 November 2014,the European Data Protection Supervisor
published an opinion on the Communication to the Parliament
suggesting measures to ensure respect for privacy encouraging
manufacturers to implement privacy by design.
• On 16 June 2015, the Article 29 Data Protection Working Party
adopted its Opinion on Privacy and Data Protection Issues relating
to the utilisation of Drones. The document presents recommended
measures for privacy and data protection, including privacy by
design.
• On 20 May 2014, the European Group on Ethics in Science and New
Technologies (EGE) issued an Opinion on Ethics of Security and
Surveillance Technologies. They expressed concerns about “Lethal
autonomous robotics” for military drones and privacy for
surveillance.

7. EASA
• In March 2015, the European Aviation Safety Agency (EASA)
presented its New Regulatory Approach for RPAS safely operations
to reduce risks. The developing regulations need to be
complemented by safety promotion actions to support the Member
States.
• In July 2015, EASA launched a consultation on the Introduction of a
regulatory framework for the operations of drones (A-NPA 2015-10)
. This consultation covers an overall regulatory framework for drone
operations as well as concrete proposals for the regulation of low-
risk drone operations. Stakeholders were invited to comment on it
by 25 September 2015.

8. Studies
• In 2014, The JRC issued a report on Civil Drones in
Society which is mainly based on Annex 3 of the
Roadmap designed by the RPAS Steering Group.
• In 2015, the same JRC published a study on a
methodological approach which attempts to make
ethics a dialogical process, given the societal
transformation that information technologies are co-
producing. The proposed methodology was used in
three cases: Internet of Things, Civil Drones and
Wearable Sensors (e.g. biosensors), investigating
different ethical questions.

9. Studies (II)
Instructed by the Commission, in November 2014 Steer Davies Gleave
presented a report on Study on the Third-Party Liability and Insurance
Requirements for RPAS.
The conclusions of this report are quite questionable:
• “It may not be possible to identify the operator. RPAS do not always have
to carry registration details. There is clear evidence from manned aviation
that there is no appetite for harmonisation at an international and
European level. On this basis, we recommend that there should not be any
attempt to harmonise third-party liability regimes across the EU.”
• Insurance (reg.785/2004): MTOM criteria as manned aircraft. Lack of
information on accidents. Difficulties for risk assessment and cost
coverage. Despite it appears that requirements of Reg.785/2004 are lower
than those for cars, they state that “The Regulation fulfills its objective”.

10. Roadmap Annex 3
• Consider how automation changes the tasks and responsibilities of
human operators, organisations, and technology providers, i.e.
manufacturers, system and software developers.
• Investigate liability issues that may be associated to the design of
highly automated technologies (STS).
• Analyse how existing laws and regulations on the allocation of
liabilities for the development and use of automated systems, and
the assessment of whether such laws and regulations provide an
adequate normative framework.
• Make a correct evaluation of the applicability of international
conventions.
• Favour the harmonisation of rules at European level, especially for
small RPAS, with the contribution of JARUS.

11. Roadmap Annex 3
A dedicated liability regime could reduce the insurance costs; avoid distortion
of competition among operators regardless of their residence in any MS of
the EU; favour the cross-border services; emphasize the importance of a strict
liability regime (already existing in the majority of the MS) favouring the
victims to receive a compensation for damage suffered on the basis of a
compensation system for all MS; avoid the concentration of the disputes in
the most favourable court (forum shopping); reduce disputes costs.
Insurance: according to Article 2 of Regulation 785/2004, model aircraft over
20 kg must be insured. Therefore, this Article 2 of Reg.785 must be cleared.
We need clear provisions for all RPAS of any weight and purpose of use. And
we believe that also coverage limit of Article 7 of Regulation 785 should be
revised as they look lower than those foreseen for cars.

12. Small RPAS
• In 2014, INDRA (Spain) guided a consortium of 12 participants (AST,
UVS, Boeing, Honeywell, DFS, Cranfield Aerospace, Thales Alenia
space and others) which presented the result of the project ULTRA
designing the roadmap for small RPAS which perfectly integrates
the Roadmap prepared by the RPAS Steering Group.
• According to Regulation 216/2008 - assigning to the NAAs of EU MS
the task to issue rules for RPAS up to 150 kg - ten NAAs of the EU
MS have issued regulations for operations of small RPAS up to 25
kg. Many NAAs (EU MS and non EU Countries) are cooperating with
Jarus for the harmonization of rules applicable to RPAS, especially
to small RPAS as there are already millions of these devices flying
over our heads.

13. The way forward
The following slide shows the master plan from
now to 2028 for the integration of RPAS into
the common airspace, designed by the
Roadmap. We hope that this plan will be
respected. Not like Galileo that is at least ten
years late in respect of the original
programme.

15. Oh, the drones!
Thank you for your attention
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