New restricted areas demand great care during flight planning

The following article has kindly been made available to us by AOPA Germany.

War has returned to Europe—everyone knows it, everyone feels it. Then-German-Chancellor Olaf Scholz delivered his famous "Zeitenwende" (watershed moment) speech during a special session of the German Bundestag on February 27, 2022. Indeed, the geopolitical landscape has shifted significantly since then due to Russia’s war against Ukraine—as well as changes in US foreign policy. Four years after that announced turning point, planned measures by the Bundeswehr (German Armed Forces) are now beginning to have concrete impacts on routine General Aviation operations in Germany.

The mechanism is simple: the Air Force is flying more, and low-level flight routes across Germany are once again being used regularly. But it won’t stop there. Across many of its bases—spanning all branches of the military—the Bundeswehr plans to increase training with drones of various types and sizes, while also shielding itself against drone-based surveillance attempts. This requires protected airspace—typically in the form of the familiar "ED-R" restricted areas.





Much has changed in recent years due to the ongoing war in Europe and the radical shifts in US foreign policy under the Trump administration. This has direct consequences for General Aviation in Europe as well.

Foto: © Fotolia

Finally, some Bundeswehr sites that had effectively been shut down are being reactivated. This can affect former airbases that are currently used as civilian airfields—a use that will no longer be possible in the future. Husum (EDXJ) in Schleswig-Holstein is likely to be one such example: a missile defense unit is slated for deployment there, which will almost certainly lead to the airfield's closure.

AOPA-Germany is involved in the planning process alongside other aviation associations; specifically, we are consulted by DFS Deutsche Flugsicherung (German Air Traffic Control) regarding planned airspace measures before they are officially published. It is certain that a large number of these military-use airspace zones will be established. However, together with our colleagues from other associations, we will advocate to ensure that the impact on the rest of the aviation community remains as minimal as possible. Situations become particularly challenging when the Bundeswehr has fundamental political backing for large-scale changes and requests airspace that encroaches, for instance, upon VFR traffic patterns or IFR procedures at airfields.

In general, it is difficult for us pilots when numerous small restricted areas (ED-Rs) appear—zones that are barely discernible on a 1:500,000 scale paper chart yet extend to altitudes of several thousand feet. Consequently, flight planning is becoming increasingly important for us. Anyone currently flying without a navigation app should seriously consider getting one.

These apps offer the advantage of constantly updating airspace data online, displaying restricted areas established via NOTAM on the map, and warning of inadvertent entry. Unfortunately, paper charts cannot do any of this. In Germany, the issue is further compounded by legal regulations:

Unauthorized entry into Class C or D airspace is classified as an administrative offense, whereas unauthorized entry into a restricted area (ED-R) constitutes a criminal offense!

Relevant to the classification as an administrative offense are Section 58 (1) No. 13 of the Air Traffic Act (LuftVG) in conjunction with Section 44 (2) of the Air Traffic Regulations (LuftVO) and the European Standardised Rules of the Air (SERA), specifically SERA.6001 and SERA.8001. Entering a restricted area is a criminal offense under Section 62 of the Air Traffic Act. If entry occurs negligently—due to inattention, inadequate flight planning, or navigation errors—the penalty can be up to six months' imprisonment or a fine of up to 180 daily rates. Anyone who intentionally or knowingly enters an active restricted area risks up to two years' imprisonment or a fine. The matter is being handled by the local public prosecutor's office—which, in most cases, lacks experience in aviation law—rather than by an aviation authority.

Perhaps this is a good time for the legislature to fundamentally reconsider these differences in classification.

Source: AOPA Germany