CDR on NPA 2012-11 2.11. (Transposing amendment 43 to ICAO Annex 2 into SERA)

General conclusions on comments:
Based on the 224 comments received from 61 commentators and the considerations on them contained in present CRD, the Agency concludes that:

    • the vast majority of the stakeholders supported that option 2A (i.e. publish as soon as possible common rules to transpose amendment 43 to ICAO Annex 2 into EU legislation, focusing on international flights and professional RPAS operations) preferred on the basis of the RIA, would be the way forward;
  • in principle stakeholders acknowledged that the Agency covers operations into, within or out of the EU (including so called ¡¥domestic¡¦ flights) and therefore caution should be exercised to maintain proportionality when transposing ICAO SARPs (i.e. avoid to impose too heavy requirements to flights which do not cross borders);
  • stakeholders also agreed that toys and model aircraft should be out of scope of detailed common EU rules but subject to a general obligation to minimize hazards to third parties
  • the scope of transposition should be limited to common rules of the air and in particular to obtain the special authorisation to operate RPAS across the borders of the EU Member States;
  • in the absence of common rules for airworthiness and flight standards for civil RPAS comprising an RPA with an operating mass greater than 150 kg, it would be better to publish related material in AMC/GM and not in legally binding implementing rules;
  • below that mass threshold, outside the scope of the Basic Regulation, the rules would be established on a national basis, including the authorisation to fly within the airspace under the sovereignty of the State of Registry or State of Operator.

The Agency, thanking all commentators and all the experts which contributed to the focused consolation, intends to publish a second NPA on the same subject of transposing amendment 43 to ICAO Annex 2 into SERA.
This NPA would propose an Opinion to amend Commission Regulation (EU) No 923/2012 and a draft Decision containing associated AMC/GM.
The 2nd NPA would be open for consultation for two months, since stakeholders are already familiar with the matter, and the Opinion will be published simultaneously with the (future) CRD as made possible by the Rulemaking Procedure in force.