In response to recent attacks on power and energy supplies, the Federal Interior Ministry is developing new concepts for protecting critical infrastructure. According to the newspaper “Welt”, the Ministry is currently examining whether operators of particularly sensitive facilities could be more actively involved in threat defense in the future, with a specific focus on dealing with drones.
A ministry spokesperson informed the newspaper that complex legal questions need to be resolved to counter the danger posed by drones and ensure the effective protection of vulnerable institutions and businesses, while still observing the state’s monopoly on force. These issues involve responsibilities spanning both the federal government and the individual states.
The core question is under what legal conditions private companies might be allowed to take action against drones themselves. The Federal Interior Ministry is considering a system of delegation (Beleihung): the federal government would retain supervisory authority but transfer the sovereign task of drone defense to private actors. External experts are currently reviewing how such a model could be legally structured, according to “Welt”.
Operators of critical infrastructure and major industry associations have been briefed on the Interior Ministry’s plans. A spokesperson for En2x, a consortium of oil and gas companies and renewable energy providers, said the initiative is “known” as a proposal. However, he emphasized that, in the view of the association, threat defense in aviation law remains a state function managed by federal and state regulations. Similarly, a representative from the Chemical Industry Association expressed skepticism about the plans, asserting that protection against drone attacks is inherently a sovereign duty of the state, placing the Interior Ministry in collaboration with the Defense Ministry at the center of implementation.
The hesitancy from these industry groups stems from concerns about potentially high costs and the possibility of new statutory obligations. “Welt” reports that the Federal Interior Ministers’ Conference plans to revisit the role of the federal government, the states, and private operators in securing critical infrastructure in the coming months.
