Disclaimer:
The information included in the frequently asked questions (FAQs) has been coordinated with relevant services of the EU Commission and intends to help and give guidance to national authorities, EU operators and citizens for the implementation of Council Regulation (EU) No 833/2014 and Council Regulation (EU) No 269/2014. The FAQs do not have binding effect. Under the EU Treaties, Member States are responsible for implementing EU law in their national legal system. In case of individual matters, please contact your competent authority.
Are Russian unmanned-aircraft operators registered in an EU Member State allowed to operate unmanned aircraft within the European Union?
No, under Regulation (EU) No 833/2014, it is prohibited for Russian unmanned-aircraft operators to operate within the European Union. It makes no distinction between manned and unmanned aircraft.
How to conduct in a case where a drone operator from Russia wants to conduct a drone show in an EU Member State? The application is issued by an MS applicant, but every document they have provided us (including the operations manual and risk assessment) clearly indicates that the actual operator is indeed a Russian operator.
Under the Sanction Regulations, it is prohibited for Russian unmanned-aircraft operators to operate within the European Union. If the competent authority has grounds to believe that the actual operator is not the EU applicant but the operator from Russia, the application should be rejected.
Is it allowed for a Russian citizen to fly an unmanned aircraft system (UAS) for an operator registered in the European Union? Does it matter whether they are resident in a Member State or Russia?
Russian citizens, as employees (or similar), are permitted to fly a UAS for the benefit of operators that are not subject to the sanctions. It does not matter whether those Russian citizens have a residence in the European Union or not.
However, Russian citizens are not allowed to fly Russian-registered UAS or non-Russian registered UAS that are owned or chartered(2) or otherwise controlled(2) by a Russian natural or legal person, entity or body. This means, for example, that Russian citizens cannot fly their own UAS in the European Union or use a UAS operated by an EU company or a company from a third country which is controlled by a Russian natural or legal person.
Note 1: The concept of ‘control’ is understood in the ‘economic’ or ‘financial’ sense and not in the ‘technical’ or ‘operational’ sense (cf. para 48 of Judgement of the General Court Case T-233/22).
Note 2: The EU aviation law does not define ‘aircraft charter’. Member States authorities should apply the definition of ‘charter’ in accordance with their national legislation and relevant international agreements.