Emer Higgins (Dublin Mid West, Fine Gael)
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259. To ask the Minister for Transport, Tourism and Sport the way in which the recently adopted European Union Aviation Safety Agency rules in relation to flying drones will impact on the older regulations; and if it will be possible to retrospectively classify drones with a CE class mark. [13418/21]

Hildegarde Naughton (Galway West, Fine Gael)
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The recently adopted EU regulation will fully replace the existing national regulation of drones. Certain transition periods are included within the new EU regulation including the continuing use of drones that do not carry a CE marking.

Commission Implementing Regulation (EU) 2019/947 lays down detailed provisions for the operation of unmanned aircraft systems as well as for personnel, including remote pilots and organisations involved in those operations. Regulation (EU) 2019/947 became applicable on 31 December 2020. It allows for a transition period of two years for the phasing in of some of the technical requirements, such as the design requirements set out in Commission Delegated Regulation (EU) 2019/945.

Under the EU Regulatory regime, drone operations are categorised under three broad types – Open, Specific and Certified, with different regulatory considerations applied across each operation type. Regulation (EU) 2019/947 sets operational rules that apply to both professional drone operators and those flying drones for leisure. These rules not only address safety but also contain important building blocks to mitigate drone related security risks. At the end of 2020, the Irish Aviation Authority (IAA) launched a new registration system for drone operators to comply with Regulation (EU) 2019/947 which, as of 31 December 2020, requires any drone over 250g or a drone with a camera or sensor to be registered with national authorities. Other mitigation measures such as remote identification and definition of geographical zones are being phased in over the next 2 years (1 January 2022).

The Small Unmanned Aircraft (Drones) and Rockets Order 2015 (SI 563 of 2015) still applies except where replaced by the new EU regulations. (For example the provisions related to rockets and offences still apply).

There is scope within the regulation for drone manufacturers to supply retrofit packages for drones already on the market, bringing the drones to the existing CE class mark. It is unlikely, however, the manufacturers will do this to any great extent.

The use of existing drones that are not CE marked will possibly be extended to 2023 due to delays in the publication of the harmonised standards for applying the CE marking to drones. A decision on this, to be taken at a European level, is expected in mid-2021.