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The national regulatory framework governing remotely piloted aircraft systems (RPAS) has evolved in following technological advancements and increasing safety requirements, thanks to its foundation established in Article 743, paragraph 2, of the Italian Navigation Code. This provision equates remotely piloted aerial vehicles to traditional aircraft, defined as any machine intended for the air transport of persons or goods, thereby fully incorporating these special aircraft within the Italian civil aviation legal system. On that basis, in 2013 the Italian Civil Aviation Authority (ENAC) adopted the first edition of the Regulation on Remotely Piloted Aircraft Systems, subsequently updated in 2015 and 2019, aimed at regulating the use of RPAS weighing less than 150 kg. This Regulation, now repealed, introduced an operational classification based on maximum take-off mass (MTOM), distinguishing between RPAS below or above 25 kg and imposing stricter obligations on operators of the latter, such as mandatory registration in the RPAS Registry. Aircraft with a maximum take-off mass equal to or exceeding 150 kg fell under the jurisdiction of the European Union Aviation Safety Agency (EASA). However, the weight-based criterion has progressively been replaced by a risk-based approach, introduced at the European level by Regulation (EU) 2018/1139 and both implementing (No. 947) and delegated (No. 945) regulations of 2019. In 2021, this EU regulatory framework has been fully incorporated in the Italian legal system through the ENAC UAS-IT Regulation. The last chapter of the part examines the developments in legislation regarding unmanned aircraft systems (UAS) in France and Spain. Both legal systems have aligned with the European framework and, in particular, Regulation (EU) 2019/947, while adopting different legislative approaches. France has implemented a centralized and risk-averse model, emphasizing public safety through prohibitions of “open” operations in urban areas and imposing substantial technical and administrative requirements. Conversely, Spain has pursued a more pragmatic and operationally flexible framework, with the issuing of Royal Decree 517/2024, which introduced National Standard Scenarios (STS-ES) and Temporary Zones in order to facilitate legal certainty and procedural simplification.

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Basic National Regulation on UAS: Italy and Other Countries

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  • 出版模式：

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  • 发表日期：

    2025年

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  • Michela Pandolfino

摘要

The national regulatory framework governing remotely piloted aircraft systems (RPAS) has evolved in following technological advancements and increasing safety requirements, thanks to its foundation established in Article 743, paragraph 2, of the Italian Navigation Code. This provision equates remotely piloted aerial vehicles to traditional aircraft, defined as any machine intended for the air transport of persons or goods, thereby fully incorporating these special aircraft within the Italian civil aviation legal system. On that basis, in 2013 the Italian Civil Aviation Authority (ENAC) adopted the first edition of the Regulation on Remotely Piloted Aircraft Systems, subsequently updated in 2015 and 2019, aimed at regulating the use of RPAS weighing less than 150 kg. This Regulation, now repealed, introduced an operational classification based on maximum take-off mass (MTOM), distinguishing between RPAS below or above 25 kg and imposing stricter obligations on operators of the latter, such as mandatory registration in the RPAS Registry. Aircraft with a maximum take-off mass equal to or exceeding 150 kg fell under the jurisdiction of the European Union Aviation Safety Agency (EASA). However, the weight-based criterion has progressively been replaced by a risk-based approach, introduced at the European level by Regulation (EU) 2018/1139 and both implementing (No. 947) and delegated (No. 945) regulations of 2019. In 2021, this EU regulatory framework has been fully incorporated in the Italian legal system through the ENAC UAS-IT Regulation. The last chapter of the part examines the developments in legislation regarding unmanned aircraft systems (UAS) in France and Spain. Both legal systems have aligned with the European framework and, in particular, Regulation (EU) 2019/947, while adopting different legislative approaches. France has implemented a centralized and risk-averse model, emphasizing public safety through prohibitions of “open” operations in urban areas and imposing substantial technical and administrative requirements. Conversely, Spain has pursued a more pragmatic and operationally flexible framework, with the issuing of Royal Decree 517/2024, which introduced National Standard Scenarios (STS-ES) and Temporary Zones in order to facilitate legal certainty and procedural simplification.