scholarly journals Régimen jurídico de los drones: el nuevo Reglamento (UE) 2018/1139 = Drones legal framework: the new Regulation (UE) 2018/1139

2019 ◽  
Vol 11 (1) ◽  
pp. 171
Author(s):  
María José Castellanos Ruiz

Resumen: Los drones son una realidad en los cielos de muchos países. Existen muchas diferencias entre los distintos tipos de drones, no sólo en cuanto a si dicha aeronave es autónoma o pilotada por control remoto; sino en cuanto a otros aspectos como su tamaño, o el uso que se le vaya a dar al dron, que bien puede destinarse a operaciones especializadas (trabajos técnicos, científicos o aéreos), a uso recreativo, o en el futuro, incluso al transporte.La regulación existente de los Estados miembros en materia de drones se circunscribía al ámbito nacional y en relación con determinados tipos de drones. En España, al igual que en los países de nuestro entorno se había desarrollado una regulación limitada a algunos tipos de drones, concretamente los que tie­nen una masa máxima en el despegue inferior a 150 kg. También la FAA (Federal Aviation Administration) en Estados Unidos desarrolló su propia normativa sobre drones, que posteriormente ha ido modificando.Sin embargo, dada la fragmentación legal en esta materia, se desarrolló por parte de la Unión Eu­ropea, concretamente por la Agencia Europea de Seguridad Aérea o EASA (European Aviation Safety Agency), un marco regulatorio para el desarrollo de un mercado único europeo y favorecer así las ope­raciones transfronterizas de drones.Finalmente, el nuevo Reglamento (UE) 2018/1139 ha venido a establecer una regulación europea que es de aplicación a todos los drones, de manera que las legislaciones internas de los Estados miem­bros quedarían desplazadas por instrumento internacional. Por tanto, su objetivo es abarcar las aerona­ves no tripuladas, puesto que las aeronaves no tripuladas también operan dentro del espacio aéreo junto con las aeronaves tripuladas. Como las tecnologías de las aeronaves no tripuladas actualmente hacen posible una amplia gama de operaciones, éstas deben ser objeto de normas que sean proporcionales al riesgo de la operación o del tipo de operación en concreto, porque su regulación no se puede hacer de­pender únicamente del peso de la aeronave.Palabras clave: aeronaves, drones, aeronaves no tripuladas, aeronaves pilotadas por control remo­to, aeronaves autónomas, RPAS, UAS, UAV, regulación, transporte aéreo, espacio aéreo, aviación civil, FAA, EASA, incidentes, accidentes.Abstract: Drones are a reality in the skies of many countries. There are many differences between the different types of drones, not only as to whether the aircraft is autonomous or piloted by remote control; but in other aspects such as its size, or the use to be given to the drone, which may well be used for specialized operations (technical, scientific or aerial), for recreational use, or in the future, for transportation.The existing regulation of the Member States on drone matters was confined to the national level and in relation to certain types of drones. In Spain, as others Member States, a regulation limited to some types of drones had been developed, which have a maximum take-off mass below than 150 kg. Also the FAA (Federal Aviation Administration) in the United States developed its own regulation on drones, which has subsequently been modified.However, given the legal fragmentation in this area, it was developed by the European Union, specifically by the European Aviation Safety Agency or EASA (European Aviation Safety Agency), a regulatory framework for the development of a European single market and promote thus cross-border drone operations.Finally, the new Regulation (EU) 2018/1139 has come to establish a European regulation that is applicable to all drones, so that the internal legislations of the Member States would be displaced by that international instrument. Therefore, its objective is to cover unmanned aircraft, since unmanned aircraft also operate within the airspace together with manned aircraft. As the technologies of unmanned aircraft currently make possible a wide range of operations, they must be subject to standards that are propor­tional to the risk of the operation or the type of operation in particular, because its regulation can not be made to depend solely on the weight of the aircraft.Keywords: aircrafts, drones, unmanned aircrafts, remotely piloted aircrafts, autonomous aircrafts, RPAS, UAS, UAV, regulation, air transport, airspace, civil aviation, FAA, EASA, incidents, accidents.

2020 ◽  
Vol 12 (2) ◽  
pp. 618 ◽  
Author(s):  
Ana Garcia-Bernabeu ◽  
Adolfo Hilario-Caballero ◽  
David Pla-Santamaria ◽  
Francisco Salas-Molina

The purpose of this contribution is to develop a Circular Economy Composite indicator to benchmark EU countries performance. Europe is at the forefront of the global transition towards a sustainable and circular economy. To this end, the European Commission has launched in 2015 a Circular Economy Action Plan including a monitoring framework to measure progress and to assess the effectiveness of initiatives towards the circular economy in the European Union (EU) and Member States. Still, this monitoring framework lacks a composite indicator at the national level to aggregate the circular economy dimensions into a single summary indicator. Although there is a wide range of sustainability composite indicators, no aggregate circular economy index exits to this date. We use a multi-criteria approach to construct a circular economy composite index based on TOPSIS (Technique for Order Preferences by Similarity to Ideal Solutions) methodology. In addition, we introduce a novel aggregation methodology for building a composite indicator where different levels of compensability for the distances to the ideal and anti-ideal (or negative-ideal) values of each indicator are considered. In order to illustrate the advantages of this proposal, we have applied it to evaluate the Circular Economy performance of EU Member States for the year 2016. This proposal can be a valuable tool for identifying areas in which the countries need to concentrate their efforts to boost their circular economy performance.


2013 ◽  
Vol 8 (1) ◽  
pp. 9-21 ◽  
Author(s):  
Davor Mikulić ◽  
Željko Lovrinčević ◽  
Andrea Galić Nagyszombaty

Abstract Over the past two decades, the issue of regional convergence in the European Union has been the subject of a wide range of empirical research. This paper aims to provide more information on the differences in regional growth patterns of new member states (NMS), as well as Croatia, in addition to the factors influencing regional disparities within each country. This research provides an analysis of regional convergence in the period 2001-2008 at the NUTS II and NUTS III level. The most widely used model for testing convergence hypotheses is beta-convergence analysis. Other factors commonly included in the econometric modelling of convergence are demographic variables, labour market conditions, industrial structure, institutional factors and overall government policy. The main hypothesis is that the process of regional convergence in NMS and Croatia is not strong enough to dominate over other factors, influencing regional potential growth (mainly industry structure and quality of human capital). Absolute β-convergence can be found at the national level for EU countries. Convergence also can be found for NMS regions, but the pace of convergence on the regional level is lower in comparison to the national level and the estimated β-convergence parameter is less significant.


Author(s):  
R Ashford

The paper reviews airline safety in recent years and argues the case for a need to ensure a continuing improving trend. The role of the European Joint Aviation Authorities (JAA) is described and the need for the JAA and the United States agency, the Federal Aviation Administration (FAA), to harmonize their safety regulations is explained. The approach to new technology and the case for the application of some of the latest requirements to derivative' aircraft are discussed. Some recent controversial issues related to new technology are described and general conclusions drawn.


Author(s):  
Maria Rosaria Varì ◽  
Giulio Mannocchi ◽  
Roberta Tittarelli ◽  
Laura Leondina Campanozzi ◽  
Giulio Nittari ◽  
...  

At the end of 2019, the European Monitoring Centre for Drugs and Drug Addiction was monitoring around 790 new psychoactive substances, more than twice the total number of controlled substances under the United Nations Conventions. These substances, which are not subject to international drug controls, include a wide range of molecules, including the assortment of drugs such as synthetic cannabinoids, stimulants, opiates, and benzodiazepines. Most of them are sold as “legal” substitutes for illicit drugs, while others are intended for small groups willing to experiment with them in order to know their possible new effects. At the national level, various measures have been taken to control new substances and many European countries have responded with specific legislation in favor of consumer safety and by extending or adapting existing drug laws to incorporate the new psychoactive substances. Moreover, since 1997, an early warning system has been created in Europe for identifying and responding quickly to the risks of new psychoactive substances. In order to establish a quicker and more effective system to address the criminal activities associated with new dangerous psychoactive substances, the European legal framework has considerably changed over the years.


Author(s):  
Mary Donnelly ◽  
Jessica Berg

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.


2021 ◽  
Vol 10 (3) ◽  
pp. 166
Author(s):  
Hartmut Müller ◽  
Marije Louwsma

The Covid-19 pandemic put a heavy burden on member states in the European Union. To govern the pandemic, having access to reliable geo-information is key for monitoring the spatial distribution of the outbreak over time. This study aims to analyze the role of spatio-temporal information in governing the pandemic in the European Union and its member states. The European Nomenclature of Territorial Units for Statistics (NUTS) system and selected national dashboards from member states were assessed to analyze which spatio-temporal information was used, how the information was visualized and whether this changed over the course of the pandemic. Initially, member states focused on their own jurisdiction by creating national dashboards to monitor the pandemic. Information between member states was not aligned. Producing reliable data and timeliness reporting was problematic, just like selecting indictors to monitor the spatial distribution and intensity of the outbreak. Over the course of the pandemic, with more knowledge about the virus and its characteristics, interventions of member states to govern the outbreak were better aligned at the European level. However, further integration and alignment of public health data, statistical data and spatio-temporal data could provide even better information for governments and actors involved in managing the outbreak, both at national and supra-national level. The Infrastructure for Spatial Information in Europe (INSPIRE) initiative and the NUTS system provide a framework to guide future integration and extension of existing systems.


2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.


2021 ◽  
Vol 28 (2) ◽  
pp. 139-155
Author(s):  
Łucja Kobroń-Gąsiorowska

Corruption, harassment in a workplace, practices contrary to the correct work process, and many others are irregularities that can arise in any enterprise. This is a problem that affects established democracies and free markets and post-communist countries that are transitioning to democracy and market economies. While the causes of irregularities vary, the tools often suggested tackling them include that do not necessarily encourage potential whistleblowers to report them, whether inside or outside the organization. This article discusses the role of whistleblowing as a whistle­blowing tool. Describes the law and whistleblowing in a comparative context, focusing on the United States and the European Union. The article then concludes with recommendations for strengthening whistleblowing in Europe, where reporting irregularities is just beginning, and the level of protection differs between the Member States.


Author(s):  
Craig K. Pullins ◽  
Travis L. Guerrant ◽  
Scott F. Beckerman ◽  
Brian E. Washburn

Nationally, wildlife-aircraft collisions (wildlife strikes) have been increasing over the past 25 years; denoted in the National Wildlife Strike Database that has been maintained by the Federal Aviation Administration (FAA) since 1990. Increasing wildlife populations and air traffic coupled with quieter, faster aircraft create a significant risk to aviation safety; the cost to the civil aviation industry is an estimated $937 million dollars annually. USDA/APHIS/Wildlife Services (WS) provides technical and direct assistance to over 850 airports and airbases around the United States, including Chicago’s O’Hare International Airport (ORD). At ORD, raptors are one of the most commonly struck bird guild and accounted for at least 25% of damaging strikes from 2010-2013. An Integrated Wildlife Damage Management (IWDM) program is implemented at ORD to reduce the presence of wildlife on the airfield, consequently lowering the risk of wildlife strikes. Professional airport wildlife biologists at ORD concentrate much of their efforts on raptor management due to the high strike risk these birds pose to aircraft on the airfield itself. A variety of techniques are currently used to manage raptor populations at ORD. Concurrently, research is being conducted to evaluate the efficacy of the Red-tailed Hawk relocation program at the airport, as well as to assess their movements within the airfield environment.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
James Clare ◽  
Kyriakos I. Kourousis

Purpose The ability to learn from previous events in support of preventing future similar events is a valuable attribute of aviation safety systems. A primary constituent of this mechanism is the reporting of incidents and its importance in support of developing learning material. Many regulatory requirements clearly define a structure for the use of learning material through organisational and procedural continuation training programmes. This paper aims to review aviation regulation and practice, highlighting the importance of learning as a key tenet of safety performance. Design/methodology/approach Applicable International Civil Aviation Organisation requirements and the European Union (EU) regulation in aircraft maintenance and continuing airworthiness management have been critically reviewed through content analysis. Findings This review has identified gaps in the European implementing rules that could be addressed in the future to support a more effective approach to the delivery of lessons in the aircraft maintenance and continuing airworthiness management sector. These include light-touch of learning and guidance requirements, lack of methodologies for the augmentation of safety culture assessment, absence of competence requirements for human factors trainers and lack of guidance on standardised root-cause analyses. Practical implications This paper offers aviation safety practitioners working within the European Aviation Safety Agency regulatory regime an insight into important matters affecting the ability to learn from incidents. Originality/value This paper evaluates critically and independently the regulation and practice that can affect the ability of EU regulated aircraft maintenance and continuing airworthiness management organisations to learn from incidents. The outputs from this research present a fresh and independent view of organisational practices that, if left unchecked, are capable of impeding the incident learning process.


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