Germany’s Federal Cabinet today (January 15) approved regulatory proposals for an amendment to the Aviation Security Act that would give the German armed forces the authority to “fend off” illegally flying drones in the event of a particularly serious accident. The Federal Ministry of the Interior is responsible for the Aviation Security Act in the German federal government.
The draft law is to be introduced into the German Bundestag by the government factions. The armed forces would intervene when state police forces, which are generally responsible for hazard prevention, are not technically capable of doing so and request appropriate support.
The Cabinet statement warns of the “constantly evolving threat posed by uncooperative drones” and says that security authorities have noticed that the number of reports of sightings of uncooperative drones over critical infrastructure and military properties in Germany is increasing.
“Drones as a tool for espionage and sabotage can pose a serious threat, especially to our critical infrastructure,” says Federal Minister of the Interior, Nancy Faeser. “Police authorities are constantly developing their options for detecting and defending against drones. Nevertheless, especially since Putin’s war of aggression against Ukraine, we have seen that drones are being used more and more frequently, which pose an increasing challenge for the police and their current technology. It is therefore necessary that we create the authority in the Aviation Security Act that allows the armed forces to intervene in the event of serious dangers – including, as a last resort, to shoot down illegally flying drones. This increases the protection of our critical infrastructure. And it shows that we will not be intimidated and are resolutely confronting the current threats.”
In order to prevent the occurrence of a particularly serious accident in accordance with Section 14 Paragraph 1 of the Aviation Security Act, the armed forces “should be able to take immediate action against illegal drones using armed force,” the Cabinet statement says. “The prerequisite is that, given the circumstances, it can be assumed that an unmanned aircraft is to be used against human life or against a critical facility, and the use of armed force is the only means of averting this current danger.”
The Federal government previously presented the reform of the Federal Police Act. This draft law contains a special authorisation for the police to defend against drones using the most modern technical means (for example, through “electromagnetic pulses, the disruption of radio connections or through physical influence on drones”). The draft law is currently in the parliamentary process.
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