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Drones…and a Single European Framework on Robotics?

In February, the European Parliament voted strongly in favour of a request that the Commission submit a proposal for a directive on civil law rules on robotics. The request was based on a January 2017 report by the Committee on Legal Affairs. As befits a report from the Justice Committee, it focused on the legal and ethical aspects of a rapidly expanding technology market. The report explores a wide range of possible civilian robotic applications, as well as associated safety, privacy and liability issues. It puts special focus on autonomous road vehicles but also addresses care robots, medical equipment and notably, drones. The Committee expressed concerns over how to regulate cross-cutting technologies that affect myriad industries and various facets of people’s lives. With specific regard to drones, the Committee flagged concerns over tracking, identification and privacy. You may not be surprised to learn that the European Parliament recommends, and makes a strong case for, an all-encompassing single European framework. You might take the view that the MEPs are seeking to further their own power by advocating this pan-European approach. That does not change the fact that uniformity of rules at the European level will better foster this growing industry. Indeed, the Committee’s primary intent for advocating a Single European Framework is the avoidance of fragmentation of rules in the single market. Obvious benefits of doing so include regulatory compatibility for manufacturers and users of robotics. The free movement of data has had a significant impact on the development of regulations concerning robotics. The free movement of people in the European Union is also relevant. Driverless cars will cross borders. So will their passengers. Diverse regulations for robotics developed at the member State level could complicate this. The Committee seeks to foster robotic innovation, with the goal of establishing the European Union at the forefront of the technology market. A Union-centric approach to regulation could ensure this. The economic benefits of aligning regulations are obvious: at both national and international levels, manufacturers would be encouraged to cooperate and resources would be more efficiently pooled and coherently invested. Much of the work done by the Committee concerns the ethical implications of European Union policy. Regulators and manufacturers are called upon to act with ‘European values of dignity, autonomy and self-determination’ when addressing privacy or civilian safety. It is clear that a pan-European approach to ethical and practical matters will create a healthy regulatory environment. The European Parliament’s vote in favour of the resolution demonstrates a practical, coherent approach to robotics regulations, for which Drone Alliance Europe has been advocating since its inception. That is a good thing. This is not the first time that Drone Alliance Europe has stressed that ethicists are needed as well as regulators. Evidently, the EP agrees. (In the interest of full disclosure, we note that Aviation Advocacy works with the Drone Alliance Europe). Whether or not deliberate, the European Parliament’s approach to drones as robots – as opposed to drones as aircraft – shifts the centre of gravity away from DG MOVE. Treating drones as robotics provides a new perspective on drone regulation and recognises the broader potential of these new technologies. Aviation specialists may be well-versed in the benefits of drones, but perhaps less so on the advantages of other autonomous vehicles. Driverless cars have the potential to eliminate 90% of traffic accidents (ie: those caused by driver error). Can civil aviation benefit as well?

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