Committee on Technical Barriers to Trade - Notification - France - Unmanned civilian aircraft : drones

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6.

 

1.

Notifying Member: FRANCE

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

Direction générale de l'aviation civile (Directorate-General for Civil Aviation)/

Direction de la sécurité de l'aviation civile (Directorate for Civil Aviation Security)

50, rue Henry Farman

75720 Paris Cedex 15

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Unmanned civilian aircraft (drones)

5.

Title, number of pages and language(s) of the notified document: Arrêté modifiant l'arrêté du 19 avril 2019 relatif au contenu de la notice d'information fournie avec les emballages des aéronefs circulant sans personne à bord et de leurs pièces détachées (Order amending the Order of 19 April 2019 on the content of the information notice supplied with the packaging of unmanned aircraft and spare parts thereof) (6 pages, in French)

6.

Description of content: The Order of 19 April 2019 on the content of the information notice supplied with the packaging of unmanned aircraft and spare parts thereof aims to define the content of the information notice that must be supplied with unmanned civilian aircraft and the main spare parts thereof, pursuant to Article L. 425-1 of the Consumer Code. The aim is to ensure that purchasers of drones (new or second-hand) receive a minimum amount of information on the regulations concerning drones so that they act in a safe and respectful manner.

The entry into force of Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems defines European notices according to the aircraft's class identification label.

The amendments to the Order are as follows:

- recognition of the European information notice as equivalent to the Annex to the aforementioned Order of 19 April 2019 (Article 1-1),

- clarification of the language of the notice as defined by Regulation (EU) 2019/945 (Article 1-2),

- modification of the content of the national notice bringing it into conformity with European regulations (new annex).

7.

Objective and rationale, including the nature of urgent problems where applicable: The entry into force of Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems defines European notices according to the aircraft's class identification label. The amendment of the Order of 19 April 2019 is necessary in order to recognize European notices as compliant with the Order, and thus not to impose a double obligation on drone vendors, and on the other hand to adapt the contents of the notice to that of the European Regulation.

The keeping of this national notice will enable the coverage of the following aircraft for public safety or privacy considerations in accordance with Regulation 2018/1139 (Article 56(8)), which explicitly provides for this possibility for Member States:

- Traditional model aircraft, the design of which is not governed by European rules;

- Drones sold without a European class designation, which in principle after 2023 can only be used after an authorization issued by the Directorate-General for Civil Aviation on the basis of a safety analysis.

Finally, a provision specifying that the French language is to be used for the information required under the European Regulation is added; Not specified

8.

Relevant documents:

- Article L. 425-1 of the Consumer Code

- Delegated Regulation (EU) 2019/945

9.

Proposed date of adoption: To be determined.

Proposed date of entry into force: 31 December 2022

10.

Final date for comments: 60 days from the date of notification

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2022/TBT/FRA/22_6948_00_f.pdf