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24 February 2021
Introduction
Transitional period
Further requirements
Comment
The Italian Civil Aviation Authority (ENAC) has issued a new regulation on unmanned aircraft (ie, drones), which aligns the existing national rules with EU Regulation 2018/1139. The new ENAC regulation covers the matters for which member states are responsible pursuant to EU Commission Delegated Regulation 2019/945 and EU Commission Implementing Regulation 2019/947, including:
The ENAC regulation also governs the transitional period to ensure a gradual conversion from the use of the previous certifications to those granted in compliance with the EU Aviation Safety Agency requirements. Until 1 January 2023, drones that have no class marking can be used in the limited open category, where the national authority usually has the right to impose additional requirements on the pilot. ENAC has decided to remain aligned with the open categories of EU Regulation 2018/1139 and has not imposed additional requirements on pilots of unmarked drones. Therefore, the following rules apply.
In addition, the ENAC regulation prohibits drone operations where the operator has no insurance coverage within the minimum thresholds established under EC Regulation 785/2004. Operators are also responsible for:
Against the backdrop of this evolving regulatory framework, ENAC has adapted effectively to the new EU legislation by working closely with stakeholders to enable drone use for a wide range of private and commercial activities.
For further information on this topic please contact Francesco Paolo Ballirano or Laura Pierallini at Studio Legale Pierallini e Associati by telephone (+39 06 88 41 713) or email (f.ballirano@pierallini.it or l.pierallini@pierallini.it).The Studio Legale Pierallini e Associati website can be accessed at www.studiopierallini.it.
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