Russian spy drones over Germany: Why the Bundeswehr cannot shoot them down

Russian surveillance drones are conducting reconnaissance flights over eastern Germany to track arms shipments to Ukraine, with over 530 drone sightings recorded in the first three months of this year alone, according to Western intelligence services.

They track the ever-changing routes of European military transports to identify which weapons will soon reach Ukraine, where new war equipment will be delivered, and when new ammunition will arrive at the front.

"Russian actors regularly send their reconnaissance aircraft," three Western intelligence services reported to German magazine WirtschaftsWoche.

A spokesperson for the German Ministry of Defence confirmed to Euronews that the Bundeswehr is only responsible for its own sites.

Otherwise, the German Ministry of the Interior (BMI) and the civilian operators of the respective infrastructure — for example, train tracks or LNG terminals — are responsible for security.

When it comes to defence at its own sites, the principle of proportionality is decisive for the troops: risks or damage to bystanders must be avoided at all costs, especially if there is uncertainty whether a drone may be loaded with explosives.

Russia's eyes in the German sky

Since the beginning of the full-scale Russian invasion of Ukraine in early 2022, Moscow has been suspected of conducting hybrid warfare on Western soil. From January to April of this year alone, more than half a thousand sightings were recorded over Germany.

According to the report, drones appeared particularly frequently over Bundeswehr bases such as the Wilhelmshaven naval base, as well as over LNG terminals and railway lines. This was reported by the Bild newspaper, citing an internal report by the Federal Criminal Police Office (BKA).

Just between 9 and 29 January, a total of six drones were spotted over the Schwesing airbase near Husum in Schleswig-Holstein. The unmanned aerial vehicles behaved conspicuously, hovering almost motionless over the site for several minutes. Despite the use of jammers, the drones could not be fended off.

Due to the training of Ukrainian soldiers on Patriot air defence systems at this location, this incident is therefore suspected of being targeted espionage.

The investigation has been handed over to the State Criminal Police Office of Schleswig-Holstein. Confirming to Euronews, they admit that they also assume that German critical infrastructure, in particular, can be a potential target for espionage and sabotage.

"The Schleswig-Holstein state police are prepared for possible scenarios and are also in close dialogue with other federal and state security authorities. Among other things, a new specialised unit for espionage and sabotage has been set up in the State Security Department of the State Office of Criminal Investigation," the statement says.

However, due to the "particularly sensitive area of investigation", no further information will be provided "now or in the future".

Legal loophole slows down defence

The former coalition government under Chancellor Olaf Scholz planned to amend the aviation security law to allow the German Armed Forces to shoot down illegally flying, dangerous drones.

Permission was to be granted if the police were technically unable to fend off the drones and therefore requested assistance.

However, the amendment to the Aviation Security Act (LuftSiG) was not passed during the last legislative period.

Konstantin von Notz, a member of the Green Party and chairman of the Parliamentary Control Committee, criticised the CDU/CSU for not supporting the earlier proposal of the "traffic light" government due to "party tactical considerations".

"This has led to a months-long standstill, a delay that we cannot afford in view of the sharp rise in threats and the increasingly aggressive behaviour of several authoritarian states, above all Russia and China," said von Notz.

Sebastian Fiedler, domestic policy spokesperson for the SPD parliamentary group in the Bundestag, emphasises that the Conference of Interior Ministers has already made it clear that responsibility for drone defence must always lie with the civilian security authorities.

According to him, the Bundeswehr could only be involved in exceptional cases and therefore "the federal government is being asked to build up additional competences in the interior ministry".

It is therefore logical that the draft bill for the new federal police legislation gives the Federal Police additional powers to use technical means against drones, he said.

Military security with restrictions

However, Green politician von Notz is disappointed with the current federal government's new draft bill on "military security", which was presented at the end of August.

"The draft that has now been presented does not do any of this. However, that is our clear expectation," von Notz said.

In his view, the planned new regulations, such as extended powers for the Bundeswehr's military police, do not go far enough.

"A fundamental regulation is needed that comprehensively and clearly structures the responsibilities for drone defence in both the military and civilian sectors," demanded von Notz.

Constitutional limits, particularly with regard to the deployment of the German Armed Forces inside the country, must also be strictly adhered to. "In view of the months of inactivity on the part of Minister Dobrindt, the states have long since run out of patience," said von Notz.

According to von Notz, it is just as essential to have a clear legal basis to build up the corresponding technical capabilities.

"Overall, this draft also shows that the German government is still not in a position to adequately counter the extreme threats posed by hybrid attacks to our democracy, our economy and our citizens," he concluded.