- Provisions applicable to both ‘open’ and ’specific’ category
- Open category
- Understanding the ‘open’ category
- Requirements under the ‘open’ category
- Training requirements in the 'open' category
- Operational authorisation requirements ‘open’ category
- Responsibilities for drone operators and remote pilots in the ‘open’ category
- Drones without class identification label ’open’ category
- I am into drone racing and/or flying drones with goggles (FPV) ‘open’ category
- I build my own drones (privately built) ‘open’ category
- I plan to provide services (commercial and other) with drones ‘open’ category
- I am a non-EU visitor / drone operator ‘open’ category
- Conduct an Operation in the open category in a state other than the one I am registered
- Specific category
- Understanding the ‘specific’ category
- Training requirements in the ‘specific’ category
- Operational authorisation requirements for the ‘specific’ category
- Responsibilities as a drone operator or remote pilot in the ‘specific’ category
- Drones without class identification label in the ‘specific’ category
- I am into drone racing and/or flying drones with goggles (FPV) ‘specific’ category
- I build my own drones (privately built) ‘specific’ category
- I plan to provide services (commercial and other) with drone(s) ‘specific’ category
- I am a non-EU visitor / drone operator ‘specific’ category
- I would like to know about the light UAS operator certificate (LUC)
- Conduct an Operation in the specific category in a state other than the one I am registered
- Drones with class identification label C0-C6
- Model aircraft
Provisions applicable to both ‘open’ and ’specific’ category
Regulations on UAS (drone) explained
What are the applicability dates under EU regulation 2019/947 and 2019/945?
Due to the COVID-19 crisis, the applicability date of EU Regulation 2019/947 has been delayed from 1 July 2020 to 31 December 2020, meaning:
- as of 31 December 2020, registration of drone operators and certified drones becomes mandatory;
- as of 31 December 2020, operations in the ‘specific’ category may be conducted after authorisation has been given by the National Aviation Authority;
- between 31 December 2020 and 1 January 2023, drone users operating drones without class identification label can continue to operate in the limited category under Article 22 of EU Regulation 2019/947 (see FAQ #x for additional information);
- as of January 2022, national authorisations, certificates, and declarations must be fully converted to the new EU System;
- from 1 January 2022, EASA Member States must make available information on geographical zones for geo-awareness in a digital format harmonised between the EU countries;
- as of January 2023, all operations in the ‘open’ category and all drone operators must fully comply with EU Regulation 2019/947 and EU Regulation 2019/945.
Who is a drone operator
A drone operator is any person, whether natural or an organisation, who owns the drone(s) or rents the drone. You can be both a drone operator and a remote pilot if you are also the person who actually flies the drone. However, you could be the remote pilot without being a drone operator, if, for example, you are a pilot working for a company which provides services with drones. In that case, the company is the drone operator and you are the remote pilot.
If you bought a drone to fly it in your leisure time, you are both the drone operator and remote pilot.
If you bought a drone to give away as a gift, the person who will receive the gift and then fly the drone will be the drone operator and the remote pilot.
Types of drone the Regulation refers to
‘Unmanned Aircraft’ means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board;
This definition includes all types of aircraft without a pilot on board, including radio-controlled flying models (powered fixed wing, helicopters, gliders) whether they have an on-board camera or not.
The Regulations use the term UAS, unmanned aircraft system, to refer to a drone, its system and all the other equipment used to control and operate it, such as the command unit, the possible catapult to launch it and others.
RPAS (Remotely Piloted Aircraft Systems) is a subcategory of UAS, which includes both RPAS and fully autonomous UAS. Fully autonomous UAS fly completely by themselves without the need for any pilot intervention.
Regulatory reference: paragraph 30 of Article 3 of Regulation (EU) 1139/2018 / Article 2(1) of EU regulation 2019/947 and article 3(3) of EU regulation 2019/945
When is a drone considered to be a toy?
A drone is considered as a toy when it could be attractive to a child. More precisely, products designed or intended whether or not exclusively, for use in play by children under 14 years of age should be considered as a toy and comply with the Directive 2009/48/EC on the safety of toys. The compliance of a drone with that directive is declared in the corresponding EU declaration of conformity. In case of doubts, the fact that a product should be considered as a toy is assessed by market surveillance authorities based on a number of characteristics related to the attractiveness of the product for kids, accessibility, etc.
However, manufacturers may clearly exclude their product from the application of the Directive on the safety of toys (when a confusion is possible) by indicating clearly a minimum age > 13 years on their product (packaging, manual etc.) (e.g; “not for use under 14 years”).
Regulatory reference: Article 2 of Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys.
What is the difference between autonomous and automatic drone?
An autonomous drone is able to conduct a safe flight without the intervention of a pilot. It does so with the help of artificial intelligence, enabling it to cope with all kinds of unforeseen and unpredictable emergency situations.
This is different from automatic operations, where the drone flies pre-determined routes defined by the drone operator before starting the flight. For this type of drone, it is essential for the remote pilot to take control of the drone to intervene in unforeseen events for which the drone has not been programmed.
While automatic drones are allowed in all categories, autonomous drones are not allowed in the ’open’ category.
Autonomous drones need a level of verification of compliance with the technical requirements that is not compatible with the system put in place for the ’open’ category. Autonomous operations are, instead, allowed in the ’specific’ category, where the Regulation includes a tool flexible enough to verify requirements with the appropriate level of robustness.
Autonomous operations are also allowed in the ’certified’ category.
Who is an ‘uninvolved person’?
‘An uninvolved person is a person who is not participating in the UAS operation or who is not aware of the instructions and safety precautions given by the UAS (drone) operator’.
A person is considered involved if he/she decides to be a part of the operation, understands the risk and is able to check the position of the drone while it is flying.
Therefore, in order to be considered ‘involved’ in the operation, a person needs to:
- give consent to be a part of the operation (e.g. consent to be overflown by the drone); the consent needs to be explicit;
- receive from the drone operator/remote pilot instructions and safety precautions to be applied in case of an emergency situation; and
- not be busy with any other activities that would make the person unable to check the position of the drone and, in case of an incident, take action to avoid being hit.
Writing on a ticket that a drone will be used during an event is not considered sufficient, since the drone operator needs to receive individual explicit consent and make sure people understand the risk and the procedures to be taken in case of an emergency.
During the operation, it is expected that involved persons will follow the trajectory of the drone and be ready to take action to protect themselves in case the drone behaves unexpectedly. If, during the UAS operation, people are busy working or watching something that is not compatible with monitoring the trajectory of the drone, than they cannot be considered to be involved.
Examples of uninvolved people:
- spectators gathered for sport activities, concerts or other mass events;
- people in a beach or in a park, or walking on the streets.
An uninvolved person is not only a person who is directly exposed to a drone, but could also be a person who is in a bus, car, etc., and who is indirectly exposed. For example, if a drone is flying over a car, its driver should be considered to be an ‘uninvolved person’. The reason is that a drone flying close to a car (even if it does not impact it) could possibly distract its driver and therefore cause a car accident.
Regulatory reference: GM1 Article 2(18) Definitions, ED Decision 2019/021/R.
What is an ‘assembly of people’?
An assembly of people is a crowd of people. It is not defined by a specific number of people, but is related to the possibility for an individual to move around in order to avoid the consequences of a drone which is out of control. If a group of people are so densely packed that their possibility to freely escape or move away from the drone is limited, then it is considered to be an assembly of people.
Examples of assemblies of people are the people in:
- sport, cultural, religious or political events;
- beaches or parks on a sunny day;
- commercial streets during the opening hours of the shops; or
- ski resorts/tracks/lanes.
Regulatory reference: GM1 Article 2(3) Definitions, ED Decision 2019/021/R
What is covered by the regulations?
These EU Regulations adopt a risk-based approach, and as such, do not distinguish between leisure or commercial activities. They take into account the weight and specifications of the drone and the operation it is intended to undertake.
The Regulations cater for drones sold on the market, meaning:
1. when operating in the ’open’ category:
- i. those that will bear a class identification label (according to Regulation (EU) 2019/945) ranging from 0 to 6 from lighter to heavier models; or
- ii. those privately built; or
- iii. those placed on the market before 1 July 2022.
2. when operating in the ’specific’ category, all drones falling under this category including those without a class identification label.
EU Regulation 2019/947 caters for most types of operation and their levels of risk. It does so through three categories of operations: the ‘open’, ‘specific’ and ‘certified’ categories.
Is it possible for an EASA Member State (MS) to maintain its national drone regulation in parallel with the new European drone legislation?
No. The EU drone regulation is an act that became immediately applicable in all EU MSs since 31 December 2020 superseding national regulations and making them not applicable anymore. However the European drone regulations provide some flexibility for the MSs to develop acts to define certain aspects such as:
- Minimum age for remote pilot
- Conversion of certificates issued before the applicability of the EU regulation
- Authorisation of model club and associations
- Fines when breaching the regulation
- Use of geographical zones
- Insurance
The EASA MSs cannot develop any further regulations on drones on a topic that is already regulated by the European Drone regulation.
Are the UK issued certificates for unmanned aircraft system, including training of remote pilot, accepted in EU after December 31, 2020?
This FAQ is placed in Brexit - Aircraft Operations
Registration requirements
Do I need to register my drone?
Unless they are certified, drones do not need to be registered, but you, as drone operator/owner, must register yourself. You do so with the National Aviation Authority of the EU country you residence in. (https://www.easa.europa.eu/domains/civil-drones/naa)
You register once, independently of how many drones you have operating in the ’open’ or the ’specific’ category. Your registration will be valid for a period defined by your National Aviation Authority, after which you need to renew it.
However, you do not need to register yourself if your drone(s):
- weighs less than 250g and has no camera or other sensor able to detect personal data; or
- even with a camera or other sensor, weighs less than 250g, but is a toy (this means that its documentation shows that it complies with ‘toy’ Directive 2009/48/EC);
A drone is certified when it has a certificate of airworthiness (or a restricted certificate of airworthiness) issued by the National Aviation Authority. In this case, it requires a registration. A certified drone is needed only when the risk of the operation requires it. So certification is never needed for drones operated in the ’open’ category.
Relevant regulation: article 21 of EU regulation 2019/947.
What happens once I register?
Once registered, you receive a ‘drone operator registration number’ that needs to be displayed with a sticker on all the drones you own, including those privately built. You must also, upload it into the ‘Drone’s remote identification system’.
Regulatory reference: article 14 EU regulation 2019/947.
Will my registration as drone operator be recognised throughout Europe?
Yes, you as drone operator, will receive a unique registration number and this will be valid in all other EASA member State. You cannot register twice.
Regulatory reference: article 14 of EU regulation 2019/947.
I fly model aircraft
How can I fly my model?
Model flyers have the following options to conduct their operations:
(a) (a) They may operate as members of a model club or association that has received from the competent authority an authorisation, as defined in Article 16 of the UAS Regulation. In this case, they should comply with the procedures of the model club or association in accordance with the authorisation. The authorisation will define all the conditions to operate, and may deviate from the Regulation (for example it may allow operations with drones exceeding 25 kg, or flying higher than 120 m etc). Member States may enable model aircraft clubs and associations to register their members in the registration systems established in accordance with Article 14 on their behalf. If this is not the case, the members of model aircraft clubs and associations shall register themselves in accordance with Article 14.
(b) (b) If a person does not want to become a member of a club or association, they may use the special geographical zones defined by EASA Member States, in accordance with Article 15(2) of the UAS Regulation, where drones and model aircraft are exempted from certain technical requirements, and/or where the operational limitations are extended, including the mass or height limitations.
(c) Lastly, models may be operated in subcategory A3. Please refer to the FAQ
Regulatory reference: Art.16 of EU regulation 2019/947.
Once in the air
Can I fly my drone anywhere I want to?
Each EASA Member State will determine drone geographical zones, which are areas where drones may not fly (e.g. national parks, city centres or near airports) or may fly only under certain conditions, or where they need a flight authorisation. Therefore, it is important for you to consult your National Aviation Authority to check where you can and cannot fly your drone.
These geographical zones apply to all categories.
In addition, you are not allowed to fly a drone close to or inside an area where there is an ongoing emergency response.
See the links to National Aviation Authorities at:
https://www.easa.europa.eu/domains/civil-drones/naa
Regulatory reference: Article 15 and UAS.OPEN.060 (4) of EU regulation 2019/947.
Can I fly over people?
Generally when you operate in the ‘open’ category, you are not allowed to fly over uninvolved people, unless you have a privately built drone with a weight below 250 g or a drone purchased on the market with a class identification label0 or 1 mark. In any case, try to minimise the time during which you fly over people.
If you have a drone with a CE class 2 mark, under subcategory A2, as a general rule, keep the UA at a lateral distance from any uninvolved person that is not less than the height at which the drone is flying (this is the ‘1:1 rule’, i.e. if the UA is flying at a height of 40 m, the distance from any uninvolved person should be at least 40 m), and never fly closer than 30 metres horizontally from any uninvolved person. If your drone is equipped with a low-speed mode function and this is active, you can fly as close as 5 metres from uninvolved people.
Distance from uninvolved people in the case of flying with a class C2 drone
In all other cases (drones with class identification label3, 4, 5 or 6 marks or privately built and heavier than 250 g), you need to ensure that no uninvolved people are present within the range of the operation.
Regulatory reference: article 4 (1) (c) and UAS.OPEN.040 of EU regulation 2019/947.
How high can I fly my drone?
Your maximum flight height is generally 120 m from the earth’s surface. Please check whether the National Aviation Authority imposes a geographical zone with a lower limit in the area where you fly. If you need to fly over an obstacle taller than 120 m, you are allowed to fly up to 15 metres above the height of the obstacle, but only if there is an explicit request from the owner of the obstacle (e.g. a contract with the owner to perform an inspection). In such a case, you may fly within a horizontal distance of 50 metres from the obstacle.
When you are operating in hilly environments, the height of the drone above the surface of the earth should be within the grey zone in the picture below: you need to keep the drone within 120 m of the closest point of the terrain. This means that there may be conditions such as on top of a hill where even if you keep your drone 120 m from the side of the hill, you are actually flying at a distance higher than 120 m above the bottom of the valley. So as long as you keep your drone within 120 m of the shoulder of the hill (as in the grey area in the picture below), your flight is legal.
Regulatory reference: UAS.OPEN.010 (2) (3) Annex Part A of EU Regulation 2019/947
Geographical zones (where I can fly)
How do I know if can fly in a location?
All states are required to publish maps identifying geographical zones where all drone flights are forbidden or where you need to have a flight authorisation before starting the operation. In most of state, apps for mobile phones are available to easily identify where you can fly. Please check the website of your NAA (https://www.easa.europa.eu/domains/civil-drones/naa).
Flight authorisations are different from the operational authorisation required for the specific category. A flight authorisation is applicable to all operations in ‘open’ or ‘specific’ category and is issued by the authority/entity identified in the maps by the state. For example a state may want to restrict the flights over a natural park or a riskier area such as industrial area or over a prison etc. The state may then publish a geographical zone requiring that all drone operations conducted in these zones must have a flight authorisation issued by the authority managing the area (e.g the park authority or the owner of the industry etc..).
Other types of geographical zones are those where one or more of the limitation of the open category are alleviated. For examples area where the state may authorise all drones to operate up to a height more than 120m or with drones heavier than 25kg or in BVLOS etc., without the need for an authorisation or a declaration. This may be very useful to fly model aircraft for example.
Make sure you check the geographical zones before starting the operation and you always respect them.
Regulatory reference Article 15 of EU Regulation 2019/947
Other requirements
Is there a minimum age to fly a drone?
The general rule mandates that the minimum age for remote pilots of drones in the ‘open’ and ’specific’ categories is 16 years old. However, there are exceptions. There is no minimum age for remote-pilot requirements:
- for flying in Subcategory A1 with a Class 0 drone;
- for flying with a privately-built drone weighing below 250 g; or
- for flying under the direct supervision of a remote pilot that has met the competency requirements — see the following link for more details on training: Open Category - Low Risk - Civil Drones | EASA (europa.eu).
Do I need insurance?
You, as drone operator, are always required to have an insurance for your drone if you are using a drone with a weight above 20kg. However most of EASA Member States mandate a third party insurance also if you are operating a lighter drone. So please consult the national regulation.
Regulatory reference: Article 14 (2) (d) of EU regulation 2019/947.
Are there any Brexit related regulations?
For Brexit related questions please consult our Brexit FAQs under Aircraft Operations.
Open category
Understanding the ‘open’ category
How do I determine I fall under the ‘open’ category?
A drone can be operated in the “Open “category when it:
- bears one of the class identification labels 0, 1, 2, 3 or 4; or
- is privately built and its weight is less than 25 kg; or
- it is placed on the market before 31 December 2023 and bears no class identification label as mentioned above;
- will not be operated directly over people, unless it bears a class identification label or is lighter than 250 g. (Please refer to subcategories of operations: A1, A2 and A3 to find out where you can fly with your drone);
- will be maintained in visual line of sight (VLOS) or the remote pilot will be assisted by a UA observer;
- is flown at a height of no more than 120 metres;
- will not carry any dangerous goods and will not drop any material.
Regulatory reference: Article 4 and article 20 of EU Regulation 2019/947; Annex part A and Article 5(1) of EU Regulation 2019/947, Part1 to 5 Annex of EU regulation 2019/945.
I fall under the ‘open’ category, how do I determine which subcategory I can fly under?
The Subcategory is determined either by:
- the label showing the class identification label (0, 1, 2, 3 or 4), affixed to your drone; or
- the weight of your drone, for a privately built drone or for a drone without class identification label (called legacy drones);
Caveat: in order to facilitate the transition, drones without class identification labels may fly until 1st of January 2023 according to the requirements defined in article 22 of EU regulation 2019/947 (please refer to FAQ on flying without CE Class Markings for additional information).
Applying the instructions above, please refer to the table below to determine the subcategory you must fly under. For instance, drones with CE class 2 marks canmarks can be only be flown under subcategory A2 (close to people) or A3 (far from people).
Please consider that your state may publish geographical zones that may restrict the use of your drone.
I bought a DJI Mini (weight 249g) how can I operate it?
DJI Mini is a drone with a weight of 249g, has a camera and it is not a toy (meaning that it does not comply with the toy directive). Therefore, the following actions have to be taken in order to comply with Regulation (EU) 2019/947:
- As a drone operator/owner, you must register yourself with the National Aviation Authority (NAA) of the Member State you reside in.
- Once registered, you receive a ‘drone operator registration number’ that needs to be displayed with a sticker on all the drones you own, including those privately built. You must also upload it into the ‘Drone’s remote identification system’, If the drone has this function;
- When operating the drone, always comply with the A1 sub-category requirements.
A remote pilot training certificate is not needed to operate a drone of this kind, however is highly recommended to conduct the A1/A3 online training. Moreover, most of EASA Member States mandate a third party insurance. Please consult the national regulation for further information about the insurance for drones. For further inquiries related to the operations in the A1 sub-category and in the Open category in general, please consult our related FAQs
Requirements under the ‘open’ category
What are the requirements under the subcategories of the ‘open’ category?
According to the class identification label of the drone or the weight, in the case of privately built drones, they can be operated in different conditions as described below:
Drones bearing a CE class 0 mark or that are privately built and weigh up to 250 g can fly in subcategory A1, which means almost everywhere, except over assemblies of people, or areas that the state has forbidden by imposing a restriction on the flight of drones (please consult the website of your National Aviation Authority. See https://www.easa.europa.eu/domains/civil-drones/naa ).
Drones bearing a class identification label 1 can also be operated in subcategory A1 with the difference that you are required to minimise flying over uninvolved people.
Drones bearing a class identification label 2 can be operated in subcategory A2, which means in urban environments, however, you are required to keep a safe distance from any uninvolved people. As a rule, this minimum distance should be equal to the height at which the drone is flying (e.g. if you are flying at a height of 30 m, make sure that the closest uninvolved person is at least 30 m from the position where the drone would vertically fall in the event of an incident). In any case, this distance must never be less than 5 m. In addition, you can also fly in the conditions defined for subcategory A3. Finally, you must avoid flying in areas that the state has forbidden by imposing a restriction on the flight of drones.
(Please consult the website of your National Aviation Authority for additional information.
See https://www.easa.europa.eu/domains/civil-drones/naa).
Drones bearing a class identification label 3 or 4 , or that are privately built and weigh up to 25 kg, can be operated in subcategory A3. That means that they can never be operated in urban environments that you need to keep the drone at least 150 m from residential, commercial or industrial areas, and to only operate in areas where no uninvolved people are present in the range where the drone can be operated. In any case, you must avoid flying in areas that the state has forbidden by imposing a restriction on the flight of drones (please consult the website of your National Aviation Authority for additional information, see https://www.easa.europa.eu/domains/civil-drones/naa)
For the full image of requirements and limitations applicable to different classes of drones and conducted operations, please refer to the tables below:
Table 1 — ‘Open’ category, applicable until 31 December 2023
Table 2 — ‘Open’ category, applicable from 1 January 2024
Training requirements in the 'open' category
Who issues the remote pilot competency certificate for the 'open' category and how long is it valid for?
For the ‘open’ category or standard scenarios, the National Aviation Authority is responsible for issuing the certificates. A certificate for Remote Pilot competency is valid for 5 years. If the revalidation is conducted before the certificate expires, the remote pilot may attend a seminar provided by the National Aviation Authority or by an entity recognised by it, otherwise competencies need to be re-demonstrated.
Regulatory reference: DRONE.OPEN.070 (1) of EU regulation 2019/947.
Will the competency certificate for the 'open' category be recognised throughout Europe?
Yes, training conducted in one EASA member state will be recognised in all others.
Which training I need to fly my drone in the open category?
The type of training required depends on the type of drone you use.
A transitional period until December 31, 2023 applies, and each EASA Member State may define the appropriate remote pilot training requirements according to the following table:
Remote pilot training as from 1 January 2024
The training requirements applicable as from January 1, 2024 are described below. However, most of the EASA Member States already offer the training listed below. In this way, you can already today receive a certificate according to the EU regulation. So, if you receive from an NAA of an EASA Member State one of the certificate of training with the EASA logo as shown below, you may already use it to operate your drone in the ‘open’ category in all EASA Member States. The training and exams can be conducted in an EASA Member State of your choice.
Please pay attention: we are made aware that some illegal websites are selling fake certificates of training. Please trust only the providers of training and exams that are listed in a NAA website!
How to operate drones in the open category from 01/01/2024 (These provisions already apply to drones with C-class marks)
- Privately built and drones placed on the market before 01/01/2024 (under 250 gramm)
Subcategory A1 (can also fly in subcategory A3) Operational restrictions - May fly over uninvolved people (should be avoided when possible)
- No flight over assemblies of people
Drone operator registration No, unless camera / sensor on board and a drone is not a toy Remote pilot competence No training required Remote pilot minimum age No minimum age - C0 (under 250 gramm)
Subcategory A1 (can also fly in subcategory A3) Operational restrictions - No flight over assemblies of people;
- Maintain flight altitude below 120m above ground level.
Drone operator registration No, unless camera / sensor on board and a drone is not a toy Remote pilot competence Read carefully the user manual Remote pilot minimum age 16*, no minimum age if drone is a toy - C1 (under 900 gramm)
Subcategory A1 (can also fly in subcategory A3) Operational restrictions - No flight expected over uninvolved people (if it happens, overflight should be minimised);
- No flight over assemblies of people;
- Maintain flight altitude below 120m above ground level.
Drone operator registration Yes Remote pilot competence - Read carefully the user manual
- Obtain a ‘Proof of completion for online training’ for A1/A3 ‘open’ subcategory by:
- Completing the online training
- Passing the online theoretical exam
Remote pilot minimum age 16* - C2 (under 4 kg)
Subcategory A2 (can also fly in subcategory A3) Operational restrictions - Must not overfly uninvolved people;
- Maintain a horizontal distance of 30 m from uninvolved people (can be reduced to 5 m if the low-speed function is activated);
- Maintain flight altitude below 120m above ground level.
Drone operator registration Yes Remote pilot competence - Read carefully the user manual
- Obtain a ’Remote pilot certificate of competency’ for A2 ‘open’ subcategory by:
- Having a ‘Proof of completion for online training’ for A1/A3 ‘open’ subcategory
- Conducting and declare a practical self- training
- Passing an additional theoretical exam at the NAA or proctored online
Remote pilot minimum age 16* - C3 (under 25 kg)
Subcategory A3 Operational restrictions - Must not overfly uninvolved people;
- Maintain a horizontal distance of 150 m from uninvolved people and urban areas;
- Maintain flight altitude below 120m above ground level.
Drone operator registration Yes Remote pilot competence - Read carefully the user manual
- Obtain a ‘Proof of completion for online training’ for A1/A3 ‘open’ subcategory by:
- Completing the online training
- Passing the online theoretical exam
Remote pilot minimum age 16* - C4 (under 25 kg)
Subcategory A3 Operational restrictions - Must not overfly uninvolved people;
- Maintain a horizontal distance of 150 m from uninvolved people and urban areas;
- Maintain flight altitude below 120m above ground level.
Drone operator registration Yes Remote pilot competence - Read carefully the user manual
- Obtain a ‘Proof of completion for online training’ for A1/A3 ‘open’ subcategory by:
- Completing the online training
- Passing the online theoretical exam
Remote pilot minimum age 16* - Privately built and drones placed on the market before 01/01/2024 (under 25 kg)
Subcategory A3 Operational restrictions - Must not overfly uninvolved people;
- Maintain a horizontal distance of 150 m from uninvolved people and urban areas;
- Maintain flight altitude below 120m above ground level.
Drone operator registration Yes Remote pilot competence - Read carefully the user manual
- Obtain a ‘Proof of completion for online training’ for A1/A3 ‘open’ subcategory by:
- Completing the online training
- Passing the online theoretical exam
Remote pilot minimum age 16*
Note that an NAA may designate an entity that may conduct the online training and provide the online exam or the exam for the A2 subcategory. Please refer to the NAA’s website for additional information.
Summary
Responsibilities for drone operators and remote pilots in the ‘open’ category
What are my responsibilities as a drone operator in the 'open' category?
As a drone operator flying in the ’open’ category, you must:
- ensure that the drone displays the drone operator registration number (e.g. with a sticker) and the same number is uploaded into the remote identification;
- develop operational procedures (written procedures are required when the drone operator employs more than one remote pilot, otherwise it is enough that the remote pilot follows the procedures defined by the manufacturer in the user’s manual);
- ensure that there is no radio interference that may affect the command and control link of the drone;
- designate a remote pilot for each operation; it is important that it is clear who is the person responsible for each flight;
- ensure that the remote pilot and the personnel supporting the operation of the drone are familiar with the user’s manual and with the drone operator’s procedures, have appropriate competency, and are provided with the relevant information concerning any geographical zones published by the MS;
- ensure that the maps in the geo-awareness system of the drone are up to date, unless you are flying in a geographical zone where geo-awareness is not required;
- ensure that, unless you are using a privately built drone, it has a declaration in conformity to the CE class mark and its class label (0 to 4) is affixed to the aircraft; and
- ensure that the persons involved in the operation of the drone is aware of the risks involved in operations under subcategories A2 and A3.
Regulatory reference: UAS.OPEN.050 under Annex 1 and art.19 (2)
What are my responsibilities as a remote pilot in the 'open' category?
As a remote pilot you must:
Before the flight:
- complete the training and examination required for the type of operation you will be involved in;
- have relevant up-to-date information about any geographical zones published by the National Aviation Authority;
- check for obstacles and the presence of people not involved in the operation of the drone (unless operating in the A1 subcategory with a privately built drone or a drone with a CE class 0 mark;
- check that the drone is fit for flight and the operation it will undertake;
- check that the remote control works properly (if applicable); and
- ensure that the weight of the drone is within the limit of the category or subcategory of the intended operation.
During the flight in the ’open’ category, you must:
- not operate the drone when you are unfit either due to the consumption of psychoactive/ hallucinogenic substances or alcohol, or unfit due to sickness;
- keep the drone at a distance such that you can clearly see it; you may use a UA observer to scan the airspace when you want to fly in first person view. UA observers must be located alongside you such that they can immediately communicate in case they see an obstacle and give you instructions such as to immediately land the drone.
- if you or the UA observer see a manned aircraft, give way to it, and make sure you are far away from it. If you have any doubt about the operation, you should land the drone immediately.
- comply with the limitation of the geographical zones;
- operate the drone according to the manufacturer’s user manual;
- comply with the operator’s procedure; and
- do not operate where an emergency response service is ongoing (e.g. in the case of an accident, keep away from that location since an emergency helicopter may be required to be used);
Regulatory reference: UAS.OPEN.060 under Annex part A EU regulation 2019/947.
When I buy a drone to be operated in the open category or in standard scenario (STS) in the specific category, what should I do?
The operator is responsible for obtaining a reasonable confidence that the drone he/she is acquiring complies with requirements applicable to its C class 1 - 6 (ref: Annex of Delegated Regulation (EU) 2019/945).
In particular, the operator needs to ensure that:
- buying directly from outside the EU should be avoided as the UAS may not be intended for the EU market and may not comply with EU legislation.
- the drone bears the appropriate class label from 1 to 6 and it comes with a declaration of conformity showing compliance with the Drone Regulation (EU) 2019/945.
- when buying a second hand UAS, obtain reasonable confidence that the UAS has not been damaged or modified in a way that affect its initial compliance with the Drone Regulation (EU) 2019/945.
- the initial compliance of the UAS to the requirements of its C Class is maintained throughout its lifetime, in particular that the UAS is not damaged or modified in a way that could affect it.
Drones without class identification label ’open’ category
Under the 'open' category do I still need training, given that I was flying drones before the rules became applicable?
Any certificates of remote pilots’ competency issued by national authorities will remain valid until 1 January 2022, after which your National Aviation Authority will have to convert your national certificate(s) to new one(s) that comply with this Regulation.
Whether or not you have to undergo more training after that date will depend on the conversion process that your National Aviation Authority decides to put in place.
As of 31 December 2020, if you do not have a national certificate for your remote pilot competency, you will have to undergo the required competency training as required for the ‘open’ category.
Regulatory reference: Article 21 and Annex part A (UAS.OPEN.020) and (UAS.OPEN.040) of EU regulation 2019/947.
I fall under the 'open' category will I be able to fly my old drone after 31 December 2020 ?
Yes, from 31 December 2020 to 1 January 2024, you may fly your drone without class Identification label in the ’open’ category under the following conditions:
- drones with less than 500 g MTOM cannot fly over people, and pilot competency is determined by your National Aviation Authority;
- drones with less than 2 kg MTOM can fly 50 metres or more (horizontally) from people and the pilot must undergo training equivalent to subcategory A2 (see the FAQ section on training);
- drones with less than 25 kg MTOM, can fly in areas free from people, 150 metres or more away from properties, and the pilot must undergo training equivalent to subcategory A3 (see the FAQ section on training).
After 1 January 2024, you can still fly your drone without class identification labels, however, only under the following subcategories of operation, for which you have to fully comply with:
- Subcategory A1 when the drone’s maximum take-off weight (MTOM) is less than 250 g; or
- Subcategory A3 when the drone’s maximum take-off weight is less than 25 kg.
You will not need to apply any retrofit/sticker to the drone in subcategories A1 or A3.
Regulatory reference: Article 20 and Annex part A of EU regulation 2019/947 and EU regulation 2019/945.
Which are the maximum take-off mass requirements in the 'open' category for drones without class identification label?
As explained in the following article, Drone Open Category - Applicable requirements to fly from the 1st of January 2024 | EASA and according to the EU Regulation 2019/947, from 1 January 2024, you can fly a drone without a class identification label if you operate in the open category in:
- Subcategory A1: if the drone has a maximum take-off mass of less than 250 g, including its payload;
- Subcategory A3: if the drone has a maximum take-off mass of less than 25 kg, including its fuel and payload.
Only for drones with a class mark, manufacturers have the responsibility for declaring the maximum take-off mass of the drone. This means that, when using a drone without a class identification label the maximum take-off mass is not available. In this case the remote pilot has the possibility to weight the drone before the flight and make sure it is within the above limits.
The information contained in this article is meant purely as a summary of the Drone Regulations. It has no legal effect and shall not be construed as the official guidance of the Agency in accordance with Article 76 of Regulation (EU) 2018/1139. The Union's institutions and the Agency do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex.
I am into drone racing and/or flying drones with goggles (FPV) ‘open’ category
As a drone racer, which category and subcategory of operation do I fall under?
Normally drone races are organised by clubs and associations. In such cases, they may have received operational authorisations from their National Aviation Authorities in accordance with Article 16 of Regulation (EU) 2019/947, which also covers the organisation of such events.
If, instead, you want to conduct a race that is not within a club or association and with no spectators (in this context meaning uninvolved persons, see the definition above) present, you will fall under the ‘open’ category and you can operate under subcategory A3.
Is flying with goggles (first person view) authorised in the 'open' category?
The Regulation allows you to fly without keeping direct eye contact with the drone, provided you have a person next to you, a UA observer, keeping direct visual contact with the drone, scanning the airspace to make sure that you do not endanger other parties (e.g. aircraft or buildings or persons). The UA observer must be located alongside you so they can immediately communicate with you in case they see an obstacle, and give you instructions, such as to immediately land the drone.
Regulatory reference: Article 4(d) of EU regulation 2019/947.
Are spectators allowed in the 'open' category?
When operating in the ‘open’ category, flying over uninvolved people is not allowed, so there must not be any spectators. See also the explanation on uninvolved persons under ‘understanding EU Regulations 2019/947 and 2019/945‘.
Is beyond visual line of sight (BVLOS) operation possible for flying drones with goggles (first-person view (FPV)) operation?
NB This answer applies only to non-racing FPV operation.
One of the conditions to operate in the open category is for the remote pilot to keep the drone in visual line of sight (VLOS) at all times. There are only two exceptions where VLOS is not strictly applied:
- when using the follow-me mode with a drone with C0 or C1 label or below 250 g; and/or
- when operating in first person view (FPV) and using an unmanned-aircraft observer that is always looking at the drone.
It is important to note that the open category catalogues all lower-risk drone operations without the need for prior authorisation; this lighter provision is compensated by more restrictive conditions of operation.
FPV googles by nature do not allow to have a wide field of view to see potential threats around the drone, so they do not enable VLOS. Hence, the requirement for an unmanned-aircraft observer for any FPV operation when operating in the open category. The unmanned-aircraft observer must look at the drone and be alongside the remote pilot so that the unmanned-aircraft observer can immediately inform the remote pilot in case of any threat around the drone.
With the above conditions, you are allowed to fly FPV in the open category. However, you need to be mindful of the risk to hit a person or other aircraft.
If you want to have a drone race in FPV, spectators are not allowed; please note that drones with a speed higher than 19 m/s are only allowed to operate in open subcategory A3 (far from people). Therefore, in case you want to have spectators, the FPV race should be conducted in the specific category (including standards scenarios). For more information, please refer to the following FAQ: I am into drone racing and/or flying drones with goggles (FPV) ‘open’ category | EASA (europa.eu).
For standard scenario (STS) 2, nothing prevents the remote pilot to fly in first person view when:
- an airspace observer scans the sky; and
- the remote pilots is assisted by an unmanned-aircraft observer.
The same person may be the airspace observer and the unmanned-aircraft observer, if that person complies with the requirements imposed for the two observers.
For STS 1, it is correct that at the moment, operating in FPV is not possible since the remote pilot is required to maintain VLOS.
I build my own drones (privately built) ‘open’ category
Does my drone fall under the 'open' category?
Yes, privately built drones can be used, and depending on their weight, operated in the ’open’ category or the ’specific’ category. You, as the drone operator, need to fulfil all the requirements of the Regulation, and in the ’open’ category, you can only operate under subcategory:
- A1 when the drone’s maximum take-off weight (MTOM) including its payload is less than 250 g and the maximum speed is less than 19 m/s; or in
- A3 when the drone’s MTOM including its payload is less than 25 kg.
Regulatory reference: UAS.OPEN.020 (5) (a) and UASOPEAN.040 (4)(a) Annex part A of EU regulation 2019/947.
I plan to provide services (commercial and other) with drones ‘open’ category
How do I determine which category I can operate under, ‘open’ or ’specific’?
You can operate your services whether commercial or not, under the 'open' category, if you meet all the requirements defined for the 'open' category.
See Question on subcategory under “understanding EU regulation 2019/947 and 2019/945”.
Regulatory reference: Article 4 of EU Regulation 2019/947; Annex part A and Article 5(1) of EU Regulation 2019/947.
What is meant by the requirement for Operational procedures?
The drone operator should develop procedures adapted to the type of operations and to the risks involved. Therefore, written procedures should not be necessary if the drone operator is also the remote pilot, or employs just one remote pilot. In this case the remote pilot may use the procedures defined by the manufacturer's manual.
If a drone operator employs more than one remote pilot, the drone operator should:
(a) develop procedures for drone operations in order to coordinate the activities between its employees; and
(b) establish and maintain a list of their personnel and their assigned duties.
Regulatory reference: UAS.OPEN.50 under annex part A 2019/947.
I am a non-EU visitor / drone operator ‘open’ category
I am a Non-EU resident visiting Europe and I plan to fly my drone in the 'open' category, do I need to register?
All drone operations conducted in the EASA Member States must comply with the Drone Regulation, no matter what the nationality of the operator or remote pilot is. Therefore, as a non-EU resident, you are also required to register with the National Aviation Authority of the first EU country where you intend to operate.
You will then be issued with a ‘drone operator registration number’ that needs to be displayed with a sticker on all the drones you own. You must also upload it into the ‘remote identification system’ of your drone(s).
Once registered in the host country, the drone operator’s registration will be valid across Europe and the operator will be required to follow all the provisions of the Drone Regulation.
If you intend to operate in the ’specific’ category, you must submit a declaration for a standard scenario or apply for an operational authorisation to the National Aviation Authority of the EU Member State(s) where you registered.
If you want to conduct operations in a Member State different from the one in which you registered, you need to follow the same procedure as all other national citizens of the Member State where you registered. Refer to question ‘I plan to provide services (commercial and other) with drone(s)‘.
Regulatory reference: Art.41 (1) and (2) of EU regulation 2019/945.
As a non-EU resident, are my competencies for the 'open' category recognised in the EU?
Given that there is not yet any mutual recognition established between EASA and other countries, in the domain of drones, the training or qualification obtained in your country of residence will not be accepted in the EU. Therefore, you will have to undergo the required training before you can fly your drone. In the meantime, other nations may develop regulations that may be considered by the EU commission as equivalent to those in Europe. Information on future recognition will be published on the EU Commission website as soon as it is finalised.
Conduct an Operation in the open category in a state other than the one I am registered
Do I need to apply for an authorisation?
No you are not required to do anything different from what is required when flying in the state where you are registered. Make sure before starting the operation you check if the area is covered by a geographical zone published by the state.
Regulatory reference Article 4 of EU Regulation 2019/947
When I buy a drone to be operated in the open category or in standard scenario (STS) in the specific category, what should I do?
The operator is responsible for obtaining a reasonable confidence that the drone he/she is acquiring complies with requirements applicable to its C class 1 - 6 (ref: Annex of Delegated Regulation (EU) 2019/945).
In particular, the operator needs to ensure that:
- buying directly from outside the EU should be avoided as the UAS may not be intended for the EU market and may not comply with EU legislation.
- the drone bears the appropriate class label from 1 to 6 and it comes with a declaration of conformity showing compliance with the Drone Regulation (EU) 2019/945.
- when buying a second hand UAS, obtain reasonable confidence that the UAS has not been damaged or modified in a way that affect its initial compliance with the Drone Regulation (EU) 2019/945.
- the initial compliance of the UAS to the requirements of its C Class is maintained throughout its lifetime, in particular, that the UAS is not damaged or modified in a way that could affect it.
Specific category
Understanding the ‘specific’ category
How do I determine I fall under the ‘specific’ category?
A drone can be operated in the ‘in the ‘specific’ or the ‘certified’ category, when it does not meet the requirements laid out under the open category. See FAQ - How do I determine I fall under the ‘open’ category?
Regulatory reference: Article 4 and Article 20 of EU Regulation 2019/947; Annex part A and Article 5(1) of EU Regulation 2019/947, Parts 1 to 5 Annex of EU Regulation 2019/945.
Training requirements in the ‘specific’ category
Are all remote pilots in the 'specific' category required to train to fly a drone?
For operation falling under the ‘specific’ category, the training depends on the operation you intend to conduct. So unless the operation falls into a standard scenario, after the risk assessment, you will need to propose a possible training course to the National Aviation Authority. The authority will, in each case, evaluate the adequacy of the training, and if they confirm it in the operational authorisation, the training will become the required training.
If your operation falls into a standard scenario, the remote pilot must:
- hold a certificate of remote pilot theoretical knowledge for operation under standard scenarios;
- hold an accreditation of completion of the STS-01 practical skill training.
To do so, the remote pilot must complete and successfully pass an online training course.
Both the certificate and accreditation can be issued by a competent authority or an entity chosen to do so.
Regulatory reference: UAS.SPEC.050 (d) and UAS.SPEC.060 (b) of EU Regulation 2019/947
Who issues the remote pilot competency certificate for the 'specific' category and how long is it valid for?
For standard scenarios, the National Aviation Authority is responsible for issuing the certificates. A certificate for Remote Pilot competency is valid for 5 years. If the revalidation is conducted before the certificate expires, the remote pilot may attend a seminar provided by the National Aviation Authority or by an entity recognised by it, otherwise competencies need to be re-demonstrated.
For operations in the ‘specific’ category that are not covered by standard scenarios, the training will be defined in the operational authorisation provided by the National Aviation Authority.
Regulatory reference: Article 12 of EU Regulation 2019/947 and UAS.STS-01.020
Contact your National Aviation Authority for further information
Operational authorisation requirements for the ‘specific’ category
Do I need to obtain an authorisation before flying my drone in the 'specific' category?
When operating under the ‘specific’ category, if the operations can be conducted within the limitation of a standard scenario and using an appropriate drone, the drone operator only needs to submit a declaration to the National Aviation Authority and wait for the confirmation of receipt and completeness. For all other operations in the ’specific’ category, an operational authorisation issued by the National Aviation Authority is needed.
I fall under the ‘specific’ category, so how do I obtain an authorisation?
Firstly check whether your operation can be accommodated within a standard scenario. If it can, you do not need an authorisation, but you do need to submit a declaration to the National Aviation Authority. A standard scenario is an operation defined in the Appendix to the drone regulation (EU Regulation 2019/947). You need to use a drone marked with the appropriate class identification label (5 or 6). After submitting the declaration to the National Aviation Authority, you will receive the confirmation of receipt and completeness from the National Aviation Authority and operate following the limitations of the standard scenario.
Otherwise, there are other means to obtain an operational authorisation under the ‘specific’ category, depending on the level of risk the operation poses. The drone operator can apply for:
- An operational authorisation by conducting a risk assessment of the intended operation using a methodology for the risk assessment; one possible method is the SORA (specific operation risk assessment) that you can find as AMC1 to Article 11 to Regulation (EU) 2019/947. This methodology helps to identify the risk level of the operation and to identify the mitigations and operational safety objectives needed to make the operation safe. When the drone operator believes they have put in place satisfactory measures to ensure the safety of the operation, they send all the information to the National Aviation Authority and apply for an operational authorisation. When the National Aviation Authority is satisfied, it provides the drone operator with the authorisation, and the operation can be started.
- An operation authorisation through a predefined risk assessment’ (PDRA) as a simplification of the drone operator conducting a risk assessment. For those operations that will be the most common in Europe, EASA will carry out the risk assessment and will publish, as an acceptable means of compliance with the drone regulation, the list of the actions that the drone operator needs to put in place in order to conduct the operation safely. An application for an authorisation to the National Aviation Authority is still needed, however, both the drone operator and the National Aviation Authority will benefit from the standardised measures defined in the PDRA. The PDRAs are published by EASA as AMC to Art 11 to Regulation (EU) 2019/947; more are already under development.
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Light UAS operator certificate (LUC): this is a voluntary certification, after which the National Aviation Authority may allocate some privileges to the drone operator.
Drone operators may ask the National Aviation Authority to assess their organisation to evaluate whether they are capable of assessing the risk of an operation themselves. The requirements to be demonstrated by drone operators are defined in Part C of Regulation (EU) 2019/947. When the National Aviation Authority is satisfied, they will issue a light UAS operator certificate (LUC) and they will allocate privileges to the drone operators based on their level of maturity. The privileges may be one or more of the following:
- To conduct operations covered by standard scenarios without submitting a declaration;
- To self-authorise operations conducted by the drone operator and covered by a PDRA without applying for an authorisation.
- To self-authorise all operations conducted by the drone operator without applying for an authorisation.
Regulatory reference: article 12 of EU regulation 2012/947.
Responsibilities as a drone operator or remote pilot in the ‘specific’ category
What are my responsibilities as a drone operator in the 'specific' category?
As a drone operator flying in the ’specific’ category, you must:
- ensure that the drone displays the drone operator registration number (e.g. with a sticker) and the same number is uploaded into the remote identification;
- develop operational procedures (written procedures are required when the drone operator employs more than one remote pilot, otherwise it is enough that the remote pilot follows the procedures defined by the manufacturer in the user’s manual);
- ensure that there is no radio interference that may affect the command and control link of the drone;
- designate a remote pilot for each operation; it is important that it is clear who is the person responsible for each flight;
- ensure that the remote pilot and the personnel supporting the operation of the drone are familiar with the user’s manual and with the drone operator’s procedures, have appropriate competency, and are provided with the relevant information concerning any geographical zones published by the MS;
- ensure that the maps in the geo-awareness system of the drone are up to date, unless you are flying in a geographical zone where geo-awareness is not required;
- ensure that, unless you are using a privately built drone, it has a declaration in conformity to the CE class mark and its class label (0 to 4) is affixed to the aircraft; and
- ensure that the persons involved in the operation of the drone is aware of the risks involved in operations under subcategories A2 and A3.
- carry out each operation within the limitations defined in the declaration or operational authorisation;
- develop procedures to ensure the security of the operation;
- establish measures against unlawful interference and unauthorised access;
- ensure that the privacy of people is protected, and there may also be a requirement to conduct a data protection impact assessment if requested by the National Aviation Authority;
- provide the remote pilot with guidelines on how to minimise the nuisance caused by noise and emissions;
- ensure that the pilot conducting the operation and the other personnel in charge comply with all the conditions required for operating in the ’specific’ category;
- keep a record of the drone operation; and
- maintain the drone in a suitable condition to ensure safe operation.
Regulatory reference: UAS.SPEC.050 of EU Regulation 2019/947
What are my responsibilities as a remote pilot in the 'specific' category?
As a remote pilot you must:
Before the flight:
- complete the training and examination required for the type of operation you will be involved in;
- have relevant up-to-date information about any geographical zones published by the National Aviation Authority;
- check for obstacles and the presence of people not involved in the operation of the drone (unless operating in the A1 subcategory with a privately built drone or a drone with a CE class 0 mark;
- check that the drone is fit for flight and the operation it will undertake;
- check that the remote control works properly (if applicable); and
- ensure that the weight of the drone is within the limit of the category or subcategory of the intended operation.
- ensure that the operating environment is compatible with the authorised or declared limitations, and
- ensure that Air Traffic Services , airspace users and other stakeholders are informed of the intended operation.
- During the flight in the ’specific’ category, you must:
- not operate the drone when you are unfit either due to the consumption of psychoactive/ hallucinogenic substances or alcohol, or unfit due to sickness;
- keep the drone at a distance such that you can clearly see it; you may use a UA observer to scan the airspace when you want to fly in first person view. UA observers must be located alongside you such that they can immediately communicate in case they see an obstacle and give you instructions such as to immediately land the drone.
- if you or the UA observer see a manned aircraft, give way to it, and make sure you are far away from it. If you have any doubt about the operation, you should land the drone immediately.
- comply with the limitation of the geographical zones;
- operate the drone according to the manufacturer’s user manual;
- comply with the operator’s procedure; and
- do not operate where an emergency response service is ongoing (e.g. in the case of an accident, keep away from that location since an emergency helicopter may be required to be used);
- Comply with the authorised or declared limitations.
Regulatory reference: UAS.SPEC.060 of EU Regulation 2019/947
When I buy a drone to be operated in the open category or in standard scenario (STS) in the specific category, what should I do?
The operator is responsible for obtaining a reasonable confidence that the drone he/she is acquiring complies with requirements applicable to its C class 1 - 6 (ref: Annex of Delegated Regulation (EU) 2019/945).
In particular, the operator needs to ensure that:
- buying directly from outside the EU should be avoided as the UAS may not be intended for the EU market and may not comply with EU legislation.
- the drone bears the appropriate class label from 1 to 6 and it comes with a declaration of conformity showing compliance with the Drone Regulation (EU) 2019/945.
- when buying a second hand UAS, obtain reasonable confidence that the UAS has not been damaged or modified in a way that affect its initial compliance with the Drone Regulation (EU) 2019/945.
- the initial compliance of the UAS to the requirements of its C Class is maintained throughout its lifetime, in particular that the UAS is not damaged or modified in a way that could affect it.
Drones without class identification label in the ‘specific’ category
I fall under the 'specific' category will I be able to fly my old drone after 31 December 2020 ?
Drones in the ’specific’ category do not need a class identification label (except if operating in a standard scenario).
Under the 'specific' category do I still need training, given that I was flying drones before the rules became applicable?
Any certificates of remote pilots’ competency issued by national authorities will remain valid until 1 January 2022, after which your National Aviation Authority will have to convert your national certificate(s) to new one(s) that comply with this Regulation.
Whether or not you have to undergo more training after that date will depend on the conversion process that your National Aviation Authority decides to put in place.
As of 31 December 2020, if you do not have a national certificate for your remote pilot competency, you will have to undergo the required competency training as required for the ‘open’ category.
Regulatory reference: Article 21 and Annex part A (UAS.OPEN.020) and (UAS.OPEN.040) of EU Regulation 2019/947.
I am into drone racing and/or flying drones with goggles (FPV) ‘specific’ category
Which authorisation do I need?
Normally drone races are organised by clubs and associations. In such cases, they may have received operational authorisations from their National Aviation Authorities in accordance with Article 16 of Regulation (EU) 2019/947, which also covers the organisation of such events.
If there are spectators, the operation falls into the ‘specific’ category, and you need to apply for an authorisation from the National Aviation Authority
Is flying with goggles (first person view) authorised in the 'specific' category?
The Regulation allows you to fly without keeping direct eye contact with the drone, provided you have a person next to you, a UA observer, keeping direct visual contact with the drone, scanning the airspace to make sure that you do not endanger other parties (e.g. aircraft or buildings or persons). The UA observer must be located alongside you so they can immediately communicate with you in case they see an obstacle, and give you instructions, such as to immediately land the drone.
Regulatory reference: Article 4(d) of EU Regulation 2019/947
Are spectators allowed in the 'specific' category?
If the event is organised by a club or association that received an authorisation from the National Aviation Authority, or the organiser received an operational authorisation for an operation in the ’specific’ category, then spectators are allowed.
Is beyond visual line of sight (BVLOS) operation possible for flying drones with goggles (first-person view (FPV)) operation?
NB This answer applies only to non-racing FPV operation.
One of the conditions to operate in the open category is for the remote pilot to keep the drone in visual line of sight (VLOS) at all times. There are only two exceptions where VLOS is not strictly applied:
- when using the follow-me mode with a drone with C0 or C1 label or below 250 g; and/or
- when operating in first person view (FPV) and using an unmanned-aircraft observer that is always looking at the drone.
It is important to note that the open category catalogues all lower-risk drone operations without the need for prior authorisation; this lighter provision is compensated by more restrictive conditions of operation.
FPV googles by nature do not allow to have a wide field of view to see potential threats around the drone, so they do not enable VLOS. Hence, the requirement for an unmanned-aircraft observer for any FPV operation when operating in the open category. The unmanned-aircraft observer must look at the drone and be alongside the remote pilot so that the unmanned-aircraft observer can immediately inform the remote pilot in case of any threat around the drone.
With the above conditions, you are allowed to fly FPV in the open category. However, you need to be mindful of the risk to hit a person or other aircraft.
If you want to have a drone race in FPV, spectators are not allowed; please note that drones with a speed higher than 19 m/s are only allowed to operate in open subcategory A3 (far from people). Therefore, in case you want to have spectators, the FPV race should be conducted in the specific category (including standards scenarios). For more information, please refer to the following FAQ: I am into drone racing and/or flying drones with goggles (FPV) ‘open’ category | EASA (europa.eu).
For standard scenario (STS) 2, nothing prevents the remote pilot to fly in first person view when:
- an airspace observer scans the sky; and
- the remote pilots is assisted by an unmanned-aircraft observer.
The same person may be the airspace observer and the unmanned-aircraft observer, if that person complies with the requirements imposed for the two observers.
For STS 1, it is correct that at the moment, operating in FPV is not possible since the remote pilot is required to maintain VLOS.
I plan to provide services (commercial and other) with drone(s) ‘specific’ category
Will I need to validate my operational authorisation with every other EASA Members state?
By 31 December 2020, any authorisation given by one MS will be valid in the rest of Europe. The drone operator is required to first submit the declaration (if intending to conduct an operation covered by a standard scenario) or receive an operational authorisation from the National Aviation Authority of the state of registration.
For an operation covered by a standard scenario (SS), the drone operator must send to the National Aviation Authority where it intends to operate, a copy of the declaration and a copy of the confirmation of receipt and completeness received by the National Aviation Authority of the state of registration. Then the drone operator may start the operation following the requirement of the standard scenario and verifying the geographical zone published by the National Aviation Authority where the operation is conducted.
For operations not covered by a standard scenario in the ’specific’ category, the drone operator must ensure that the mitigating measures submitted in his original risk assessment are appropriate to the new environment it plan to operate in or update them is necessary.
Then the drone operator must provide the National Aviation Authority of the Member State of the intended operation with an application, which must include:
(a) a copy of the operational authorisation granted by the National Aviation Authority of the Member State of registration; with
(b) the location (s) of the intended operation, including the updated mitigation measures.
Upon receipt of the application, the National Aviation Authority of the Member State of the intended operation will review the updated mitigation measure proposed. They will confirm to the drone operator that the application is satisfactory. Once the operator receives the confirmation, they may start the intended operation.
If the drone operator has been granted, by the National Aviation Authority of the state of registration, an LUC (a light UAS operator certificate) with privileges to self-authorise its operations, they must provide the National Aviation Authority of the State of the intended operation with
- a copy of the term of approval of the LUC and
- the location or locations of the intended operation;
Regulatory reference: article 13 of EU regulation 2019/947.
What will happen to authorisation granted by NAAs before the 31st of December 2020?
After 31 December 2020, all existing approvals/certificates/authorisations/declarations issued by National Aviation Authorities will still be valid until 1 January 2022.
After 1 January 2022, all approvals, certificates, authorisation and declarations must be converted to the EU Regulation. New applications for authorisations/certificate submitted after 1 January 2022 need to follow the new EU Regulation.
I am a non-EU visitor / drone operator ‘specific’ category
I am a Non-EU resident visiting Europe and I plan to fly my drone under the 'specific' category, do I need to register?
All drone operations conducted in the EASA Member States must comply with the Drone Regulation, no matter what the nationality of the operator or remote pilot is. Therefore, as a non-EU resident, you are also required to register with the National Aviation Authority of the first EU country where you intend to operate.
You will then be issued with a ‘drone operator registration number’ that needs to be displayed with a sticker on all the drones you own. You must also upload it into the ‘remote identification system’ of your drone(s).
Once registered in the host country, the drone operator’s registration will be valid across Europe and the operator will be required to follow all the provisions of the Drone Regulation.
If you intend to operate in the ’specific’ category, you must submit a declaration for a standard scenario or apply for an operational authorisation to the National Aviation Authority of the EU Member State(s) where you registered.
If you want to conduct operations in a Member State different from the one in which you registered, you need to follow the same procedure as all other national citizens of the Member State where you registered.
Regulatory reference: Art.41 (1) and (2) of EU Regulation 2019/945
As a non-EU resident, are my competencies under the 'specific' category recognised in the EU?
Given that there is not yet any mutual recognition established between EASA and other countries, in the domain of drones, the training or qualification obtained in your country of residence will not be accepted in the EU. Therefore, you will have to undergo the required training before you can fly your drone. In the meantime, other nations may develop regulations that may be considered by the EU commission as equivalent to those in Europe. Information on future recognition will be published on the EU Commission website as soon as it is finalised.
I would like to know about the light UAS operator certificate (LUC)
What is a LUC?
A light UAS operator certificate (LUC) is an organisational approval certificate. Drone operators may ask the National Aviation Authority of registration to have their organisation assessed to demonstrate that they are capable of assessing the risk of an operation themselves. The requirements to be demonstrated by drone operators are defined in Part C of Regulation (EU) 2019/947. When the National Aviation Authority is satisfied, they will issue a light UAS operator certificate (LUC) and they will assign privileges to the drone operators based on their level of maturity. The privileges may allow the organisation to self-authorise operations without applying for an authorisation.
The privileges may be one or more of the following:
- Conduct operations covered by standard scenarios without submitting the declaration;
- self-authorise operations conducted by the drone operator and covered by a PDRA without applying for an authorisation;
- self-authorise all operations conducted by the drone operator without applying for an authorisation.
Who can apply for a LUC?
You need to be an organisation to be eligible to apply for a LUC, however you can subcontract some of the activities.
Regulatory reference: UAS.LUC.010.
Do I need to obtain an authorisation before flying my drone? (LUC)
It depends on the privileges granted by the National Aviation Authority.
Regulatory reference: Article 5 of EU Regulation 2019/947.
Conduct an Operation in the specific category in a state other than the one I am registered
What is the process to apply for an operational authorisation?
When you intend to conduct an operation in the specific category, in a state other than the one you are registered, firstly you need to get an operational authorisation from the competent authority of the state you are registered. This competent authority will evaluate your risk assessment identifying if the mitigation means you propose and the safety objectives are adequate to conduct such type of operation.
Then you need to apply to the competent authority of the state of operation for a confirmation of a cross border operation, providing them evidences on how you apply the mitigations means to the location and in case how you comply with the local conditions.
Regulatory reference Article 13 of EU Regulation 2019/947
Why I cannot apply directly to the competent authority of the state of operation?
The authorisation process requires that the authority agrees with the proposal of the operator ensuring the safety of the operation. The level of verification from the authority depends on the level of risk of the operation and on the level of trust on the maturity of the operator. Therefore applying always to the same authority allows to build this trust. Moreover all authorities needs to conduct periodical oversight audits to all operators they issued an operational authorisation or a LUC or received a declaration, being responsible of their national operators is more convenient for both authorities and operators.
Regulatory reference Article 18(h) of EU Regulation 2019/947
When I buy a drone to be operated in the open category or in standard scenario (STS) in the specific category, what should I do?
The operator is responsible for obtaining a reasonable confidence that the drone he/she is acquiring complies with requirements applicable to its C class 1 - 6 (ref: Annex of Delegated Regulation (EU) 2019/945).
In particular, the operator needs to ensure that:
- buying directly from outside the EU should be avoided as the UAS may not be intended for the EU market and may not comply with EU legislation.
- the drone bears the appropriate class label from 1 to 6 and it comes with a declaration of conformity showing compliance with the Drone Regulation (EU) 2019/945.
- when buying a second hand UAS, obtain reasonable confidence that the UAS has not been damaged or modified in a way that affect its initial compliance with the Drone Regulation (EU) 2019/945.
- the initial compliance of the UAS to the requirements of its C Class is maintained throughout its lifetime, in particular, that the UAS is not damaged or modified in a way that could affect it.
I am a drone manufacturer and I need to test my product in flight to obtain a Class marking. Do I need to apply for a ‘specific’ operation authorisation?
No. A drone under development can be considered ‘privately built’ that can fly in the ‘Open’ sub-category A3. In fact, a ‘privately built UAS’ means a UAS assembled or manufactured for the builder’s own use, not including UAS assembled from sets of parts placed on the market as a single ready-to-assemble kit. In this case, the UAS is manufactured/assembled for the manufacturer’s use.
Drones with class identification label C0-C6
Are drones with class identification label presently available on the EU market?
Drones bearing a class identification label are progressively appearing on the market. However, the presence of a class identification label on the drone does not guarantee its compliance to Regulation (EU) 2019/945 (R945). Compliant drones are expected to appear slowly towards the end of the year.
Until at least March 2022, it will not be possible to have compliant drones of classes C1, C2 and C3 on the market, due to the absence of the procedures necessary to demonstrate their conformity. In addition, the absence of standards supporting the requirements of R945 until at least the end of the year makes difficult for manufacturers to ensure compliance of their products. This is especially the case for classes C0 and C4 to C5. Therefore, we recommend great caution at least until the end of the year when buying drones with a class identification label.
Market surveillance authorities are responsible for ensuring that the drones placed on the Union market with a class identification label are compliant to R945. However, you, as individual, should also take measures to get sufficient confidence that you are operating a compliant drone (see FaQ 3).
If you have any question on compliance of drones with the EU regulation, please contact us.
How as a manufacturer should I demonstrate compliance with the EU regulation?
Drones are subject to several Union harmonisation legislations (e.g. Radio equipment directive 2014/53/EU, Machinery directive 2006/42/EC). It is your responsibility to identify all applicable legislations and demonstrate compliance to those regulations using the procedures defined by each of them.
Drones bearing a class identification label are, in addition, subject to the Union harmonisation legislation set by Chapter II of Regulation (EU) 2019/945 (R945). You must demonstrate compliance of the drone with the requirements of R945 using one of the procedures defined by article 13 of R945. The following table defines the procedure available for each class of drone:
The EU-type examination and the conformity based on full quality assurance require the intervention of a Notified Body. The NANDO website provides the list of conformity assessment organisations notified under R945.
Once the conformity of the drone to all applicable legislations has been demonstrated, you should:
- draws up an EU Declaration of conformity as per Part 11 or 12 of R945 referencing to the Regulation (EU) 2019/945 and the other applicable regulations
- provides a copy of the declaration of EU conformity (or its simplified version) with the drone, this copy must bear the serial number of the drone
- affix the CE marking on the drone
These products are subject to the control of the national market surveillance authorities responsible for the different applicable legislations.
How as an individual do I know what is valid?
While market surveillance authorities are responsible for ensuring that the drones placed on the Union market with a class identification label are compliant to Regulation (EU) 2019/945 (R945), you, as individual, should take the following measures to obtain reasonable confidence that the drone you intend to operate under the open category complies with R945:
- buy the drone in a reliable shop or online market place (in particular, avoid buying a drone on-line directly from outside Europe, since it may not be compliant with EU legislations);
- verify the presence of a valid class identification label as per R945: the logo must have the exact shape defined by the drawing below, where ‘X’ is replaced by the number of the class (e.g. ‘1’). Any other logo will not constitute a valid class identification label allowing the drone to be operated in the open category or under declaration.
- verify the CE mark on the UAS and the presence of the EU declaration of conformity in the package;
- verify that the declaration of conformity refers to R945 and bears the drone serial number.
- verify that the drone provides the following:
What are the responsibilities of importers and distributors?
The responsibilities of importers and distributors are defined in Articles 8 and 9 of Regulation (EU) 2019/945 (R945). Sections 3.3 and 3.4 of the Blue Guide provides additional information.
One of those responsibilities is to ensure that the drone placed on the market bears a class identification label when required, i.e. when intended for use in the open category or under declaration. Therefore, where it is clear that the targeted group of customers will use their drone in the open category or under declaration, importers and distributors should ensure that they only make available to such group of customers drones with a class identification label. Drones made available without a class identification label must clearly target customer intending to operate in the specific category.
Are drones with class identification label required to operate in the specific category?
An operator conducting an operation in the specific category must demonstrate that the drone used is compliant with the technical requirements defined in the operational authorisation issued by the competent authority. The technical requirements depend on the level of risk of the operation. For operations with lower risk (e.g SAIL I and II according to SORA) the competent authority may accept a drone with class identification label.
What can happen to me if I buy a drone with an invalid class indication label?
Only drones compliant to Regulation (EU) 2019/945 (R945) are safe and therefore authorised to be operated in the open category (unless the drone in privately built, please see the related FAQ). If you operate a drone in the open category without a class identification label or if it is not compliant with R945 you may expose other people to risk and you may be persecuted by the law. In order to obtain reasonable confidence that the drone you are using is compliant, you must apply the measures described in the FAQ above.
Model aircraft
Does the new EU Regulation on drones also apply to model aircraft?
Yes, the EU Regulation on drones applies also to model aircraft. However, model aircraft are not the main ‘target’ of the new rules. EASA is aware that aeromodelling is a hobby that has been practised for almost a century by many pilots throughout Europe, with an excellent safety record. EASA is also aware that it’s a hobby that has always been important for the development of aviation technology and attracts young people to aviation-related professions.
Why have model aircraft been considered the same as drones?
Both model aircraft and drones are unmanned aircraft and therefore it makes sense that both need to be considered under the same regulation.
With the inclusion of model aircraft in the EU UAS Regulation, the intention of the legislator was not to introduce new restrictions, but to enable EASA Member States to continue applying their current requirements for model aircraft. It explicitly encourages States to do so and provides various options for this, with one important exception: the need for the model aircraft owner to register themselves as UAS operator and make their registration number visible on (or easily accessible within) the aircraft while on the ground.
What distinguishes a model aircraft from a drone?
They both have a flying part and a remote control. In addition, both may be used for recreational purposes. In reality, the difference between them lies more in how the aircraft is operated:
• Pilots of model aircraft are generally more interested in the pleasure of the flight and in directly controlling the aircraft’s flight surfaces.
• Pilots of drones on the other hand are generally more interested in checking the video being filmed with the on-board camera in the drone and prefer to use automatic functions to stabilise the drone.
What is the result? Pilots of model aircraft are passionate aviators and normally quite well informed about the safety rules, especially when they operate within the framework of a model aircraft club or association.
In some specialised forums we see some discussions on the applicability date of the EU Regulation on drones. Can you confirm that it has been in force since December 31, 2020? Are you aware of any EASA Member States requesting a postponement of the application of the Regulation?
Correct! On December 31, 2020 the EU UAS Regulation became applicable in all EU Member States, plus two of the EFTA States: Norway and Liechtenstein. It is expected that it will soon become applicable in Switzerland and Iceland too. The Regulation includes transitional provisions so that certain elements become applicable later and the full Regulation will become applicable on the January 1, 2023. There are no plans to postpone this.
It is important to note that until January 1, 2023 the EU UAS Regulation does not apply to operations conducted in the context of model aircraft clubs and associations. After this date clubs or associations could receive an authorisation from their State (according to Article 16 of the EU UAS Regulation) allowing them to operate with different limitations and conditions, as set in that authorisation.
Therefore, model aircraft clubs and associations need to address this with their national aviation authorities. Other elements of the Regulation, like the definition of geographical zones, etc. have been already applicable since December 31, 2020.
You mentioned that the Member States have the power to identify designated areas for the purpose of aeromodelling where drone and model aircraft operations are exempt from some of the ‘open’ category requirements. What are the advantages/disadvantages of this ‘option’?
This is a very flexible tool at the disposition of the States. Depending on their risk, drone and model aircraft operations in some areas in the country may be exempt from some of the ‘open’ category requirements. This may apply also to mountainous areas where slope soaring flights with model sailplanes are conducted. For example, the Regulation allows slope soaring flights with unmanned sailplanes up to 10 kg to exceed the 120 m limit from the ground, as long as the aircraft remains below 120 m from the position of the remote pilot (see picture below).
The State authorities may create a zone where the limitations are even extended; for instance, the maximum height limit or the maximum weight can be increased. Several of these zones have already been published and EASA is aware of initiatives of citizens discussing with the State authorities to obtain exemptions in some areas. The exemption defined under these requirements is applicable to all pilots operating in such areas.
EASA’s Basic Regulation (EU) 2018/1139 (as the name indicates) is the top-level regulation that defines the main scope of EASA’s functions and its limits in terms of delegation provided by the European Commission. On this basis, the EU UAS Regulation states in the recitals: ‘(27) Since model aircraft are considered as UAS and given the good safety level demonstrated by model aircraft operations in clubs and associations, there should be a seamless transition from the different national systems to the new Union regulatory framework, so that model aircraft clubs and associations can continue to operate as they do today, as well as taking into account existing best practices in the Member States’. Has this indication been taken into account? If so, how?
Yes! When drafting the legislation, we took into consideration the multiple comments provided by European aeromodellers. This is the main reason why the legislator’ has not introduced new restrictions for European aeromodellers. The regulator offered instead three options to pilots of model aircraft:
- Operate within the framework of a model aircraft club or association (according to Article 16) Model aircraft clubs and associations provide an environment emphasising a strong safety culture and, in many cases, offering extensive guidance, safety information and courses to their members and the wider model flying community. This creates a safety culture that all pilots operating within the framework of the model aircraft club or association are willing to follow. Model aircraft clubs and associations may receive from their national aviation authority an operational authorisation that sets the conditions for the operation of model aircraft. This can be based on relevant national rules or the established procedures defined by the club or association. The limits defined by the authorisation may be different from those for the ‘open’ category (e.g. flying with drones/model aircraft heavier than 25 kg, at a height more than 120 m, etc.). EASA considers this the best way to operate model aircraft.
- Operate in a UAS geographical zone where drone and model aircraft operations are exempt from some of the ‘open’ category requirements (according to Article 15) States may identify geographical zones where drone and model aircraft operations are exempt from some of the ‘open’ category requirements (e.g. flying with drones/model aircraft heavier than 25 kg, at a height more than 120 m, etc.). Each pilot operating in these zones can benefit from these exemptions.
- Operate in subcategory A3 of the ‘open’ category All model aircraft may be operated in subcategory A3, following the operational limitation defined in the Regulation. New ‘ready to fly’ model aircraft (sold as a complete system) purchased after the 1st of January 2023 need to have a C4 class identification label if they are to be operated within the ‘open’ category. This label will ensure that the aircraft comes with proper instructions from the manufacturer. The requirement for C4 labelling does not apply to privately built (or assembled) model aircraft.
Regarding Article 16 (authorisations to model aircraft clubs and associations), is it in the ‘spirit’ of the Regulation to have ‘few and concentrated’ clubs/associations or to facilitate clubs/associations distributed throughout the national territory to access this ‘authorisation'?
It was certainly not the intention of the regulator to limit or concentrate in any way access to an authorisation, or bring advantage to certain clubs or associations over others. The intent is to foster a safety culture that has been preserved and encouraged within clubs and associations.
EASA is aware of the very frequent international competitions as well as the importance of model aircraft tourism, also for the local economy (hotels, restaurants, etc.) in some regions. For this reason, the phrase ‘operations in the framework of’ was used in the Regulation. By requiring the authorisation under Article 16 to apply to operations ‘in the framework of’, the legislator allows Member States to grant this authorisation to a broader set of pilots than members alone. This also includes, for instance, guest pilots, competitors, and all the persons listed in the authorisation provided by the State. It is decisive that the national legislator is sufficiently satisfied that the pilots operating under this authorisation are aware of and adhere to the requirements under the authorisation. How this is done is for the national authorities (and authorisation holders) to decide.
In what ways may the requirements for an Article 16 authorisation differ from those for the ‘open’ category?
The only compulsory requirement is that related to the operator’s registration. However, with the agreement of the competent authority, even this can be carried out by the club/association on behalf of its members.
Everything else can be agreed between the club/association and the competent authority including height limits, weight limits, age limits and competency requirements.
Are control line (circular tethered) flights within the scope of the EU UAS Regulation? What about tethered and non-tethered free-flight aircraft?
Yes. In general, the EU Regulation applies to all tethered UAS heavier than 1 kg and having a propulsion system. If they are tethered free-flight aircraft (such as kites), the EU UAS Regulation applies only if the weight is more than 25 kg. Changing this requirement would require a change in the Basic Regulation and this cannot be done through an implementing regulation.
Non-tethered free-flight aircraft weighing less than 250 g do not need to comply with any requirement.
According to the EU UAS Regulation, States ‘may’ issue national regulations for allowing for model aircraft operations. Can the ‘national’ Regulation be in contraposition with the ‘European’ Regulation?
The regulator included in the Regulation the option for the States to issue the operational authorisation to model aircraft clubs or associations on the basis of either national rules or on procedures established by the club or association, defining the purpose of such procedures.
Other than this, States cannot develop national regulations related to the safety of flights. In case of security, privacy or environmental risk, then the Member States may define additional requirements.
Can we ‘Sunday aeromodellers’ report/suggest changes to the Regulation? Who should we contact?
Sure! EASA has set up a webform to receive questions and comments from all involved stakeholders. However, it would be more effective if proposals are discussed at the level of the EU associations (such as the European Model Flying Union (EMFU)) so that a consolidated position is provided to EASA. We encourage model aircraft flyers to monitor the EASA website and subscribe to receive news since we constantly publish informative material.
We would love to hear — from you particularly — what we can do to clarify any aspects of the rules, e.g. more concrete articles, webinars, podcasts, explanatory leaflets, more translations, etc. There are a few EASA staff members too who are keen aeromodellers. They would also be more than happy to support.
Periodically we hold consultations with stakeholders leading to changes to the acceptable means of compliance (AMC) and guidance material (GM). These support aeromodellers in complying with the Regulation. However, it is worth pointing out that modifications to the regulations require a completely different and longer process.