CALL FOR EVIDENCE FOR AN INITIATIVE (without an impact assessment)
This document aims to inform the public and stakeholders about the Commission’s work, so they can provide feedback and participate effectively in consultation activities. We ask these groups to provide views on the Commission’s understanding of the problem and possible solutions, and to give us any relevant information they may have.
Title of the initiative	EU security – countering threats from drones
Lead DG – responsible unit	Directorate-General for Migration and Home Affairs – D.2
Likely Type of initiative	Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
Indicative Timing	Q2 2023
Additional Information	https://home-affairs.ec.europa.eu/policies/internal-security/counter-terrorism-and-radicalisation/protection_en
This document is for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by this document, including its timing, are subject to change.

A. Political context, problem definition and subsidiarity check

Political context

The EU already has a solid policy framework for the legitimate use of unmanned aircraft systems (UAS), commonly known as drones 1 . However, there is no coordinated policy on how to counter UAS threats. The proposed Communication complements the recent Communication A Drone Strategy 2.0 for a Smart and Sustainable Unmanned Aircraft Eco-System in Europe 2 (Drone Strategy 2.0). To build an innovative and competitive drone ecosystem in the EU, this initiative sets out how to effectively manage drones that do not comply with the rules governing this type of aircraft (hereafter ‘non-cooperative drones’).

Problem the initiative aims to tackle

Preventing the unauthorised use of UAS is necessary so that their legitimate use can reach its full potential. UAS are innovative tools that can be used for many legitimate purposes; however, if access to them is uncontrolled, they can also be used maliciously. Incidents involving UAS have become more frequent inside and outside the EU. These incidents include organised criminal activities, attacks on public spaces, individuals and critical infrastructure, and unauthorised entry of UAS owned and operated by non-EU countries in Member States’ airspace. While the EU has regulated the legitimate use of drones, there are no specific EU rules and guidelines on countering their unauthorised or criminal use. EU security authorities should be able to adopt counter-UAS solutions to better respond to threats from UAS in the EU.

To protect society against malicious and non-cooperative drones, law enforcement and public and private operators must have lawful access to affordable and reliable counter-measure technologies that enable flexible solutions adapted to the threat level and operating situation.

There is also an important defence aspect in using counter-UAS systems. UAS have been increasingly used in several regional conflicts lately. As highlighted in the Strategic Compass for Security and Defence 3 , ‘State and non-state actors are challenging our security, both on EU territory and beyond, for instance by increasing use of drones and new technologies’. EU programmes, such as Horizon Europe, the European Defence Fund and their precursors, have been supporting research and innovation in UAS and counter-UAS technologies.

The potential of civil-defence synergies is also important. The EU drone strategy 2.0 recognised the importance of ‘reaping synergies between civil and military use of drones and drone-related technologies, including counter-drone solutions to detect and mitigate threats posed by drone operations’. This initiative aims to present ways for harnessing potential synergies from the use of civil and military drone technologies.

Basis for EU action (legal basis and subsidiarity check)

Legal basis

Practical need for EU action

Member States are primarily responsible for countering UAS threats. However, they would benefit from a strategic framework at EU level. A coordinated approach would also be more effective than Member States acting on their own.

An EU approach would lead to closer cooperation and coordination between Member States on the different, and sometimes scarce, counter-drone resources available. Coordination at EU level would also facilitate cooperation in cross-border counter-drone cases and encourage sharing information on existing threats and incidents.

B. What does the initiative aim to achieve and how

This Communication will set out a European counter-drone framework to tackle potential threats from drones. Building on existing activities at EU level, it will propose key actions to expand cooperation on: (i) community building and information sharing; (ii) practical guidance; (iii) operational support and funding; (iv) counter-drone systems testing (and potential harmonisation or standardisation); and (v) leveraging research & innovation. It will also start a mapping study to identify the possible need for regulatory measures.

To achieve this, the Communication will give an overview of the current threats and technological developments that need to be monitored. It will describe what cooperation at EU level already exists in the areas listed above and what gaps remain. It will set out how to tackle those gaps by introducing a set of key actions to be implemented by set deadlines. These measures will be drawn up using: (i) the results of previous cooperation, such as workshops and the existing EU C-UAS Interest Group; (ii) results of projects; (iii) feedback from Member States and other stakeholders; and (iv) the results of targeted consultation. The Communication will then bring the different parts and key actions together into a fully fledged counter-drone framework, allowing for an anticipatory and innovation-supported EU approach to counter-drone threats.

Along with the Communication, two new ‘Protection against unmanned aircraft systems’ handbooks will be published, thus creating a comprehensive counter-drone package.

Likely impacts

ðUsers of drones for legitimate purposes and unmanned aircraft system traffic management providers should benefit from better cooperation with Member State enforcement authorities.

ðLaw enforcement authorities can tackle the threat of non-cooperative drones more effectively .

ðBetter coordination between Member States and the development of an EU counter-drone industry will bring benefits across the EU.

Future monitoring

Regular stakeholder meetings with representatives from Member States, EU institutions and agencies (mainly Europol and Frontex) 4 , partner countries and international organisations (mainly the UN and INTERPOL).

C. Better regulation

Impact assessment

This initiative is a communication and will set out a general policy approach without committing to specific action.

Consultation strategy

Why we are consulting?

The fast development of the drone sector, including its counter-drones aspects, is affecting society at large. The consultation will make it possible for stakeholders to give their valuable input.

Target audience

The main target audience is Member States’ governmental organisations, agencies and institutions that have been tasked with ensuring that drones respect existing flying rules.

Ministries, EU and national agencies and industry (civilian and defence) developing counter-drone programmes and activities are also an important target audience.

Furthermore, there are many stakeholders that can be associated with or confronted by counter-drone measures, such as local authorities, civil aviation agencies, frequency regulators, transport officials, industry, commercial and other drone users, model-plane hobbyists and the general public.