Ministry of Defence officially announced a new extremely important draft law in Romania, in the context of the war between Ukraine and Russia, and this is because its objective is to regulate the control and use of the national airspace, establishing a framework for the mode of action against aircraft which uses the airspace of Romania without authorization.
Ministry of Defence transmits that the proposal seeks to update and supplement Law no. 257/2001, which regulates the response measures to incidents that threaten aviation security and the integrity of the airspace, so as to effectively protect the national territory and citizens against acts of illegal intervention.
The aspect of controlling the use of airspace has been a priority on the international agenda for several decades, intensifying after the terrorist attacks of 2001. Since then, international cooperation through the International Civil Aviation Organization and European Union policies have contributed to the development of stricter rules , which are periodically updated to respond to new risks and technological advances.
The Ministry of Defense submits that Law no. 257/2001 was essential in 2001 for the establishment of a legal framework adapted to the security challenges of that time, offering solutions for the response to the unauthorized use of the national airspace and to cases of aircraft hijacking, with the potential to be used for terrorist purposes.
Through Law no. 21/2020, which introduces the Air Code and includes subsequent amendments and additions, new requirements were established for the use of national airspace by civil and state aircraft, including aircraft without a pilot on board.
These requirements comply with European and international regulations, and the responsibility for controlling the use of national airspace rests with the Ministry of National Defense. In addition, recent developments regarding the security environment in the vicinity of Romania underline the fact that this field is volatile and unpredictable, and the response to risks and threats in the airspace requires very short reaction times, often of only a few minutes.
The Ministry emphasizes that maintaining the integrity of the national airspace is a permanent responsibility, both in peacetime and in an allied context, contributing to the collective defense of NATO. At the same time, NATO air police forces provide support to civilian aircraft in danger, especially when they lose communication with air traffic control.
The new draft law adopts an expanded perspective on the control of the use of national airspace, starting from a wider range of risks and threats to national security, the integrity of airspace, aviation safety, life and health of people, as well as patrimony .
Through the proposed solutions, the normative act establishes specific measures adapted to the risks generated by unauthorized aeronautical activities and unauthorized access to airspace. It will also create a new framework for cooperation and coordination between the competent authorities and institutions in the management and monitoring of airspace, as well as in ensuring compliance with the rules for its use.
The Ministry of Defense also mentions that, at the same time, the new regulations will ensure the integration of the modes of action to protect the values, interests and objectives of national security, without prejudice to the specific duties and responsibilities of the institutions involved.
The draft law regulates the measures for controlling the use of the national airspace and establishes the authorities and institutions with competence in adopting measures to prevent and counteract the unauthorized use of the national airspace by various types of aircraft, including unmanned aircraft systems and other aerial vehicles.
The Ministry of Defense specifies that the new measures are fundamental to respond to contemporary risks and challenges, which require a continuous adaptation of the legal framework in accordance with technological developments and environmental dynamics geopolitic.