Drone by Drone has made allegations to the draft Draft Law of Conservation of the Natural Heritage of Euskadi. Allegations have been made about Article 79bis4, which restricts air activities for the protection of species.
(Article 49. Natural Park).
"1.- The natural parks are areas ....
2.- Natural parks may limit the use of natural resources, prohibiting in any case those incompatible with the purposes that have justified their creation, whether in surface, subsoil or flight.
Article 79bis4. Protection of species in relation to aeromodelling, drones, paragliding, hang gliding, ultralight, hot air balloons and other aerial activities:
1 - In general, the activities of aeromodelling, drones, paragliding, hang gliding, ultralight, hot air balloons and other aerial activities are prohibited in the areas protected by this Law and in the critical areas defined in the management plans for endangered species, without express authorization of the competent body. "
In the public participation phase in which the draft of the draft law was found, the drone operating company has alleged the invasion of state competences in terms of flight and airspace management. These allegations have been accepted and it is admitted by the regional administration that the aforementioned article governing the uses of airspace is not applicable as it is a state competence.
Drone by Drone, together with the Friends for Fly association, the Bizkaina Federation of Flight and the Basque Federation of Flight have managed to accept the proposal to withdraw this article, for the reasons mentioned above.
This is a defense of the interests of the drone operators in Euskadi, since with the proposed measures we could see our already vast limitations of flight in our territory expanded.
There are precedents in which the General Directorate of Civil Aviation itself, within the framework of the Public Information process and allegations of the Draft Decree approving the Master Plan for the Use and Management of the Urdaibai Biosphere Reserve (the PRUG ), raised an allegation (No. 57 of the file) with respect to article 4.4.2.5 ("aeronautical activities B.14) of the PRUG that established a series of limitations and prohibitions and the autonomic power to grant authorizations for flight in the airspace of Urdaibai alleging:
"... references to the limitations of overflights are eliminated, which must be processed in accordance with the provisions of the eleventh additional provision of Law 42/2007, of December 13, on Natural Heritage and Biodiversity."
In effect, the regulation that regulates the management of air navigation in Spanish airspace is Law 48/1960, of July 21, on air navigation, specifying that the airspace located on Spanish territory is subject to the sovereignty of the State, being the Government itself (Spanish) competent to set the areas in which it can restrict or prohibit aeronautical activities and the transit of aircraft 1 (including devices that perform free flight: paragliders, hang gliders, ...) Spanish territory (vid., article 3).
"Article 3.
The Government may establish areas where the transit of aircraft over Spanish territory, the entry and exit channels in the same and the customs airports are prohibited or restricted. It may also suspend, in whole or in part, the aerial activities in its territory for serious reasons. "
This exclusive state competence is strictly recognized in the basic state regulation on Biodiversity - Law 42/2007, of December 13, of the Natural Heritage and Biodiversity - in its Eleventh Additional Provision (introduced "ex novo" by Law 33/2015 , which modifies Law 42/2007):
"Eleventh additional provision. Use of air space, transit and air transport.
1.- The limitations or prohibitions of flight to the aircraft in the protected natural spaces and in the protected spaces of the Natura 2000 Network will be established by the Government in accordance with the provisions of article 3 of Law 48/1960, of 21 July, on Air Navigation.
2.- In the processing of the limitations or prohibitions referred to in the previous section, the report of the Interministerial Commission of Defense and Development will be compulsory. "
Good news for drone operators and air sports practitioners in general, who do not see their already limited rights restricted by RD 1036/2017.
We will continue to ensure that the current legislation is complied with and that our professional drone operation activity is no longer limited to us.
