Drones over Germany – Bridging legal and hardware gaps

In early October, an unidentified unmanned aircraft was sighted at Munich Airport, which destabilised the port's operation for respective hours. This is another incidental of this kind over the past weeks: in late September over Schleswig-Holstein drones flew over military facilities and critical infrastructure (which according to media reports include Heide refinery and the ThyssenKrupp Marine Systems submarine yard). The safety structures of both states are being investigated and Chancellor Friedrich Merz (CDU) considered the expanding number of specified events to be a "serious threat" to the safety of the RFN and indicated that Russia is most likely behind most of them.

The authoritative number of incidents utilizing unmanned aircraft remains unknown – the study of the national Criminal Office is secret. According to media information, 172 drone flights were observed in 2022 over military infrastructure, and in 2023, 446 were already observed. Air Traffic Control Service reported that by the end of September there were a full of 172 disruptions to civilian air traffic caused by them.

The rulers take the hazard of utilizing unmanned workers to destabilise the situation in the country seriously, and they announce legal changes and the expansion of their services. This, however, is not adequate – the deficiency of equipment that does not make advanced financial costs remains a key problem, allowing the hazard to be eliminated in a way that is safe for the civilian population.

Comment

• Protection from drones would improve legal changes and synergies between politicians of different levels and uniformed services. In Germany, the authorities of the Lands and their safety services are primarily liable for interior security. Control over airports, railway infrastructure, national buildings and maritime traffic is owned by the national Police and military facilities owned by the army. On October 8, the government approved the draft amendment of the national Police Act – its competence was extended to fight drones, including by shooting them down. The cabinet plans to spend EUR 90 million per year on adequate equipment and additional staff. national Home Minister Alexander Dobrindt (CSU) stated that the plans include the establishment of a centre of competence for defence against drones, improving the cooperation of the Federal, Land and Bundeswehr authorities, and strengthening cooperation with Israel and Ukraine on defence against unmanned workers.
• The biggest controversy is the announcement of the amendment of the Aviation Safety Act,providing assistance to the Bundeswer to intercept drones. The engagement of troops in the territory of the country is strictly regulated in the Basic Act in Germany for historical reasons and can occur, among others, during natural disasters and at the request of the Land. The national Ministry of Justice (SPD) refers skeptically to the changes, pointing out the possible request to amend the Basic Act, for which 2 thirds of the votes of the Bundestag and Bundesrat are needed. The Ministry of Defence (SPD) is besides reluctant to extend the tasks of the Bundeswehr.
• Armed forces and order formations have limited capabilities to combat unmanned aircraft. It is hard to detect and track tiny and low flying objects, specified as civilian drones. Thus, it is presently impossible to prevent them from entering the safety area of the airport. In addition, both police and military formations have a comparatively tiny number of radio-electronic combat devices that can effectively force unmanned workers to land or turn around. An ad hoc solution for low-flying facilities may be to equip police officers and safety with smooth barrel shotguns and shotguns, but they will prove inefficient erstwhile targets are over 100 m distant and may pose a considerable hazard of collateral damage. On the another hand, the usage of military anti-aircraft automatic or portable anti-aircraft rocket kits (MANPADS) to shield any airport in Germany is financially, personally and materially unattainable and, above all, would pose besides much threat to humans and infrastructure, which would be unacceptable at the expense of peace.