The framework for the regulation of Unmanned Aerial Vehicles (“UAVs”) is currently intensely debated in the US , the EU and EU Member States . While the focus of this discussion relates to the operation of drones in a commercial and hobbyist environment, UAVs are also subject to export control regulation. In a move to update its export control regulations, as of 26 December 2015 the EU amended the entries of its Dual-use regime defining which UAVs are subject to export controls. The EU Commission Delegated Regulation 2420/2015 updated Annex I of Regulation 428/2009 (“EU Dual-use List”), to incorporate the changes adopted at an international level in the framework of the Missile Technology Control Regime and the Wassenaar Arrangement. The EU Dual-use List previously covered UAVs having (i) an autonomous flight control and navigation capability (e.g. autopilot) or (ii) the capability to be controlled out of the “direct vision range” of the operator. With the new amendments to the EU Dual-use List, the control criteria for export-controlled UAVs have been revised as follows: UAVs designed to be controlled out of the “natural vision” of the operator and (i) of a maximum endurance of 30-60 minutes if operative with winds […]
