Who's going to fly drones in Europe in 2020?

[wco81]

The EU published EU-wide rules on drone operation in June 2019.

EU wide rules on drones published - Safe, secure and sustainable operation of drones | EASA

On 11 June 2019 common European rules on drones, Commission Delegated Regulation (EU) 2019/945 & Commission Implementing Regulation (EU) 2019/947, have been published to ensure drone operations across Europe are safe and secure. The rules will amongst others help to protect the safety and the...

www.easa.europa.eu

There are various proposed laws governing things like Urban VLOS and Rural BVLOS operation.

But as of June 2020, registration of UAS operators and drones above 250 grams become mandatory. From June 2020 on, it's expected that these EU rules will be adopted by all EU member nations over a 2 year period:

Drone user can start operating in limited ‘Open’ category. Between June 2020 till June 2022:

• Drones with a weight less than 500g may be operated in an area where reasonably it is expected that no uninvolved person is overflown
• Drones with weight up to 2 kg may be operated up to 50 m horizontal distance from people
• Drones with weight up to 25 kg may be operated at 150 m horizontal distance of residential, recreational and industrial areas, in a range where reasonably it is expected that no uninvolved person is overflown during the entire time of the operation

Civil drones (Unmanned aircraft) | | EASA (see timeline)

On the one hand, mandatory registration could make life tougher for drone enthusiasts. You will have to display the registration number. Will non-EU citizens wanting to visit EU countries also be forced to register? There is no mention of insurance requirements for recreational fliers either.

OTOH, these EU rules may be more liberal than those enforced by individual countries such as Austria, which imposes a very high license fee for even recreational use. I specifically asked Austro Control and they said the rules would be uniform throughout the EU and the registration will be simpler than the current requirements. But they're not 100% sure as of early October 2019.

So it would be interesting to see if MavicPilots members here encounter any differences next year when flying their drones in Europe. If nothing else, maybe peace of mind flying in certain countries which may have more restrictive rules or requirements.

It would be cool if people post their experiences in this thread, whether they notice a difference or not. Or maybe if it possibly makes them make or change plans one way or another to visit any of these countries with their drones.

 

[azt33]

One point that's important is that every drone that has camera equipment will need to be registered as well. Which means we won't even be able to "benefit" from the light weight of the new Mavic Mini...

 

[zocalo]

The UK has literally just implemented their implementation of the drone registration part and, despite some concern from the community, it's a fairly painless process and doesn't actually change things in any significant way. I believe the earlier French and Irish registration systems have had a similar level of practical impact on flights, and if it kills arguments like the National Trust's "Drones are banned because most pilots are unregistered and unaware of the law" (paraphrased) then so much the better.

As an aside, the UK's registration system supports overseas pilot registration right out of the box, so worries on that front turned out to be completely unfounded. You just need to keep your registration details on you and put a temporary sticker on your drone for the duration of your visit and remove it afterwards - simple.

Personally, given the patchwork quilt of smaller countries in Europe that had been setting their own slightly different rule, I think it's an excellent example of the kind of standardisation benefits the EU can bring. As OP notes, they are also generally far more liberal than several sets of existing rules, so hopefully we'll actually benefit from more freedom to fly, not less. Of course, that doesn't mean countries won't pass tighter laws in areas not stipulated by the new EU laws, and they are free to set NFZs wherever they please, but on the whole I think this is a very positive step for both EU-based pilots and visitors from outside the union.

Time will tell though; a lot of countries have yet to implement the new regs, and if there's one thing that politicians excel at it's messing up on the legal implementation.

 

[Louis08]

every drone that has camera equipment will need to be registered as well.

Would you have a reliable source for that statement? (I wasn't able to find one, but that might be just me....)

 

[azt33]

Sure, it's in the link that wco81 provided (sensor able to capture personal data includes camera):

• in the ‘Open’ category, with a weight
  • more than 250g or
  • less then 250g when it is not a toy and it is equipped with a sensor able to capture personal data

 

[wco81]

I do wonder if adoption by the individual member countries will be kind of like Roam Like at Home program for mobiles where all carriers in the EU were suppose to offer data roaming for the goal of a "digital single market" which is the same rationale driving standardization of drone rules across the EU. First year of RLAH, you saw them roll it out. But by the second year, a lot of carriers were restricting RLAH to postpaid customers only, not for prepaid.

So it may be that in the first year, they're liberal but then the countries will adjust and impose some restrictions.

 

[Louis08]

After some more research I found this (not on the linked EASA pages btw) - but it still doesn't say anything about drone registration....

EU directive 2019/947 states in Article 14:

5. UAS operators shall register themselves:
(a) when operating within the ‘open’ category any of the following unmanned aircraft:
i. with a MTOM of 250 g or more, or, which in the case of an impact can transfer to a human kinetic energy above 80 Joules;
ii. that is equipped with a sensor able to capture personal data, unless it complies with Directive 2009/48/EC.

I have no idea whether the Mavic Mini complies with the mentioned Directive 2009/48/EC (Safety of toys) - but if it did, operator registration would (despite the camera) no longer be required. At least not as far as my laymen understanding of all that legalese goes....

 

[Lastrexking]

After some more research I found this (not on the linked EASA pages btw) - but it still doesn't say anything about drone registration....

EU directive 2019/947 states in Article 14:


I have no idea whether the Mavic Mini complies with the mentioned Directive 2009/48/EC (Safety of toys) - but if it did, operator registration would (despite the camera) no longer be required. At least not as far as my laymen understanding of all that legalese goes....

Yeah, I think you’re reading that wrong. It’s saying that they HAVE to register if they are either

- over 250g

or

- have a camera

So, the Mini will need to be registered BECAUSE of the camera.
?

 

[AMann]

Sounds like it may be a good time to go back to KAP... Does anyone know if the regulations cover that as well? I was hoping to visit the western French coastline and other places the summer of 2020 as a US tourist. I still have my delta kite and camera rig for it, and it’s pretty portable, so that might be the option for the summer.

 

[Louis08]

I still don't buy that.
First of all it only talks about registration of UAS operators, not UAS.
Secondly there is the word "unless" in the last sentence: if the camera is compliant with the toy safety directive 2009/48/EC (I have no clue whether it is or not), the whole rule does not apply for the Mini as weight is anyway below 250g.

Of course chances are the Mini is not a toy as per 2009/48:

ANNEX I

List of products that, in particular, are not considered as toys within the meaning of this Directive
[...]
14. Electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels
[...]

 

[WithTheBirds]

Yeah, I think you’re reading that wrong. It’s saying that they HAVE to register if they are either

- over 250g

or

- have a camera

So, the Mini will need to be registered BECAUSE of the camera.
?

Can you give us your source or at least your logic/reasoning in arriving at this conclusion? Specifically that registration might be required with a camera regardless of weight.

What I suspect you have missed is that the Mavic Mini is classified as a "toy" and by virtue of that fact specifically excepted from the capability to collect personal data provision.

The fact the mini has a camera seemingly has no impact on any registration requirement.

 

[Lastrexking]

Can you give us your source or at least your logic/reasoning in arriving at this conclusion? Specifically that registration might be required with a camera regardless of weight.

What I suspect you have missed is that the Mavic Mini is classified as a "toy" and by virtue of that fact specifically excepted from the capability to collect personal data provision.

The fact the mini has a camera seemingly has no impact on any registration requirement.

My ‘source' is in the quote from the information that @Louis08 posted above. It’s how I interpret the information he supplied. As follows;

5. UAS operators shall register themselves:
(a) when operating within the ‘open’ category any of the following unmanned aircraft:
i. with a MTOM of 250 g or more, or, which in the case of an impact can transfer to a human kinetic energy above 80 Joules;
ii. that is equipped with a sensor able to capture personal data, unless it complies with Directive 2009/48/EC.

 

[WithTheBirds]

unless it complies with Directive 2009/48/EC.

The "unless" is important here. It is marketed as a flying toy. The fact it may be applied to other uses is irrelevant.

 

[Lastrexking]

The "unless" is important here. It is marketed as a flying toy. The fact it may be applied to other uses is irrelevant.

How has the Mini been marketed as a flying toy? I don’t think any of the DJI marketing has children flying it. In fact, all of the media has adults using it.
Theres no way the Mavic Mini has been 'specifically designed for and targeted at children'.

 

[old man mavic]

for me the only real benefit from a european standardised set of rules for drone flying,would be that we would all know what was expected of us if we wished to travel,but you can bet there will still be differences in respect to local conditions and areas

 

[WithTheBirds]

How has the Mini been marketed as a flying toy? I don’t think any of the DJI marketing has children flying it. In fact, all of the media has adults using it.
Theres no way the Mavic Mini has been 'specifically designed for and targeted at children'.

Apologies if I wasn’t clear enough- I specifically pointed out the marketing and intended or expected use as a toy need only be incidental, not exclusive.

Had you looked at Directive 2009/48/EC you might have seen the important definition “This Directive shall apply to products designed or intended, whether or not exclusively, for use in play by children under 14 years of age (hereinafter referred to as toys)”.

As to DJI’s marketing you can form your own view obviously however even from the main opening page for the mini it seems we are open to suspect persons under 14 form part of the target market.

 

[MAvic_South_Oz]

and if it kills arguments like the National Trust's "Drones are banned because most pilots are unregistered and unaware of the law" (paraphrased) then so much the better.

That could be a benefit of the new CAA (or EU) drone changes, though I've read a few posts here where drone fliers have been confronted near NT properties in the past, and stood their ground flying from outside NT property, and keeping to all CAA rules to fly.

As far as the EU rules go, yes a digital camera is a sensor, what is a photo or video classified as though ?
Are they 'personal data' ?
Certainly photos and videos are able to be captured, but is personal data something relative to these ?

It may be personal data is something else, like the way a person waling the streets can have personal data captured by wifi, like how business can send an sms to someones phone as they walk nearby (creepy).
I suppose personal data could include photos and video, thinking about mapping, facial recognition info and such, that could be put into a database, that could be more considered as data.

It would be good to find out the spirit of the wording at 5. (a) ii.

 

[Louis08]

for me the only real benefit from a european standardised set of rules for drone flying,would be that we would all know what was expected of us if we wished to travel,but you can bet there will still be differences in respect to local conditions and areas

well said, old man.....
Actually I expect the "bandwidth" of local peculiarities to become a lot narrower than today - just have a look at the current Austrocontrol rules where they charge you >300€ per year(!) for a simple takeoff permit.

Apart from that it will take some more time to get a full understanding of the various future classes and their implications, esp around A1-A3 and C0-C4

 

[old man mavic]

well said, old man.....
Actually I expect the "bandwidth" of local peculiarities to become a lot narrower than today - just have a look at the current Austrocontrol rules where they charge you >300€ per year(!) for a simple takeoff permit.

Apart from that it will take some more time to get a full understanding of the various future classes and their implications, esp around A1-A3 and C0-C4

i think its safe to say that whatever the outcome of all the new rules and regs with regards to who ,why where,when,we fly our drones in the future things are going to change to keep up with the technical advances being made in unmanned flight and if we wish to keep on flying then at some point we are going to have to embrace them

 

[zocalo]

As far as the EU rules go, yes a digital camera is a sensor, what is a photo or video classified as though ?
Are they 'personal data' ?
Certainly photos and videos are able to be captured, but is personal data something relative to these ?

I think the CAA - and the GDPR for that matter - are both pretty definite that a photograph or video clip of a person is classed as personal data. There is even a question about this on the CAA's competency test where the correct answer is to edit out the footage of a person in their home before you post.

However there is a big difference between capturing an image of someone in a public place and in their own home/garden when it comes to expectations of privacy. Whether the image is to be used commercially also has a significant bearing on what can be done without fear of any potential repercusions if you don't have model releases, etc.

With its 12MP sensor, the Mini will absolutely have the potential to produce images that are capable of invasions of privacy as per the CAA's guidance, and I haven't yet seen any "it's a toy" marketing either. For now at least, I think it's exempt because of the 250g limit (ignoring things like prop-guards taking it over the limit). Once the new regulations are introduced though (due mid-2020), I'd say all bets are off because of that "sensor" clause and it could go either way.

For most of us though, I suspect it's moot. Unless someone is not planning on registering "because reasons", we're all almost certainly going to have an Operator ID and Flyer ID for a larger drone. That being the case, then you might as well put your Operator ID on every drone you own, regardless of weight, in order to take advantage of the CAA's "Drones Reunited" service, should it ever be needed.