Operations with UAS/Drones - Open category (subcategories A1, A2 and A3)

The operational category ‘open’ covers all operations with UAS that are of low operational risk, as required by European regulations and do not require any operational authorisation or a declaration by the UAS operator prior to flight.

UAS operators, who reside if they are natural persons or who have their place of business if they are legal Use in the ‘open’ category any unmanned aircraft:persons in Spain, must register electronically through AESA's website when:

• Use in the ‘open’ category any unmanned aircraft:
  • With an MTOM of 250 g or more, or which, in the event of a collision, is capable of transferring to a human a kinetic energy greater than 80 joules;
  • equipped with a sensor capable of capturing personal data, unless it complies with Directive 2009/48/EC (“Toys Directive”).
• Use an unmanned aircraft of any mass in the ‘specific’ category.

To register as an operator you can access through the AESA website (UASoperator registration section)

Note: A UAS operator is any natural or legal person using or intending to use one or more UAS.

Availability of liability insurance

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According to the stipulations of article 8 of Royal Decree 517/2024.

• UAS operators with unmanned aircraft with an MTOM equal to or greater than 20 kilograms shall be insured in accordance with Regulation 785/2004; and
• UAS operators with unmanned aircraft with an MTOM of less than 20 kilograms must comply with Royal Decree 37/2001 of 19 January 2001 updating the amount of damages provided for in the Air Navigation Law.
  • The following operations are exempted from compliance with the insurance obligations provided for in Law 48/1960 of 21 July:
    • In the ‘open’ category, within subcategory A1, and
    • In the ‘open’ category, within subcategory A3, provided that they are carried out with aircraft of an MTOM of less than 20 kilograms.

Regulation 785/2004 establishes a minimum amount for damage to third parties on land of 750,000 SDRs - Special Drawing Rights - (for drones up to 500kg) while Royal Decree 37/2001 the minimum amount to be covered is 220,000 SDRs.

Appropriate insurance must be available to cover each flight performed, and it is not necessary to take out a policy on a permanent basis.

Minimum documentation required to carry out operations with UAS in the ‘open’ category

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Any operator intending to carry out operations in the ‘open’ category shall have the following documentation:

• Registration certificate and/or proof of registration of UAS operator (linkto registration section). The operator registration number must be indicated on all UAS operated in such a way that it can be read with the naked eye when the drone is on the ground. The registration number may be indicated in the battery compartment if the size of the UA does not allow it to be displayed on the outside or if it is a replica model aircraft of an actual aircraft and indicating the operator registration number on the fuselage could affect the realism of the representation.
• Operator pilots must have an A1/A3 (and A2 as appropriate) remote pilot training certificate. More information in the section Training of UAS/drones pilots in the ‘open’ category 
• Liability insurance policy as indicated in the previous point.
• Where the operator has more than one remote pilot, it shall have procedures in place to coordinate activities among its employees and establish and maintain a list of assigned personnel and tasks.

UAS/drones not class marked ("legacy") other than privately constructed

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The specific provisions concerning the use of certain UAS in the ‘open’ category are set out in Article 20 of Implementing Regulation (EU) 2019/947. UAS that are not privately constructed and comply with the product marketing directive currently applicable in the European Union (Decision 768/2008/EC), but do not belong to one of the classes C0, C1, C2, C3 or C4 set out in Commission Delegated Regulation (EU) 2019/945, may continue to be used if they have been placed on the European Union market before 1 January 2024 as follows:

• If the maximum take-off mass of the unmanned aircraft is less than 250 g, including payload, operation in subcategory A1.
• If the maximum take-off mass of the unmanned aircraft is less than 25 kg, including fuel and payload, operation in subcategory A3.

‘Open’ UAS operations complying with Delegated Regulation (EU) 2019/945

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For operations with UAS in the ‘open’ category, the following requirements as required by Article 4 of Implementing Regulation (EU) 2019/947 must be met:

• The UAS belongs to one of the classes set out in Delegated Regulation (EU) 2019/945, is privately constructed or meets the conditions defined in point "UAS/drones without class marking ("legacy") other than privately constructed".
• MTOM < 25 kg;
• keep a safe horizontal distance from people and do not fly over concentrations of people;
• maintain the remote pilot's visual range UAS (VLOS) at all times, except in case of flying in follow me mode or when there is an unmanned aircraft sighting;
• maximum flight height limit of 120m, from the nearest point on the earth's surface.
• during the flight the UAS shall not drop items or transport dangerous goods.

In turn, the ‘open’ category is divided into 3 subcategories: A1, A2 and A3.

Subcategory A1

Operations in subcategory A1 are carried out avoiding the overflight of non-participating persons and concentrations of persons. UAS eligible to fly within this subcategory must have any of the following characteristics:

• Be of private construction with a MTOM <250 g and maximum speed less than 19m/s.
• Have a MTOM <250 g, without class marking and placed on the market before 1 January 2024, with the requirements set out in point “UAS/droneswithout class marking (legacy) other than privately constructed”.
• Carry class C0 marking label and therefore meet the following technical requirements:
  • MTOM < 250 g;
  • maximum horizontal flight speed of 19m/s;
  • power supply.
• Carry class C1 marking label and therefore meet the following technical requirements:
  • MTOM < 900 g or transmitted energy in case of impact < 80 J;
  • maximum horizontal flight speed of 19m/s;
  • power supply;
  • unique serial number;
  • direct remote identification system and network;
  • geo-awareness system;
  • Low battery warning system for unmanned aircraft and control station (CS).

Subcategory A2

Operations in subcategory A2 are carried out by maintaining a horizontal safety distance of at least 30 m from persons not participating in the operation.

Operations in subcategory A2 shall only be performed with UAS bearing the Class C2 marking label, i.e. complying with the following characteristics:

• MTOM < 4 kg;
• except if it is a fixed-wing unmanned aircraft, be equipped with a selectable low-speed mode limiting the speed to a maximum of 3 m/s;
  • power supply;
  • unique serial number;
  • direct remote identification system and network;
  • geo-awareness system;
  • Low battery warning system for unmanned aircraft and control station (CS);
  • be equipped with a data link protected against unauthorised access to command and control functions (C2);
• equip lights for attitude control and night flight.

Subcategory A3

Operations in subcategory A3 are carried out in areas where no non-participating person is at risk and at a minimum horizontal safety distance of 150 m from residential, commercial, industrial or recreational areas.

Operations in subcategory A3 are performed with those UAS that meet any of the following requirements:

• Be privately built with a MTOM < 25 kg.
• Without class marking and placed on the market before 1 January 2024, with the requirements set out in point “UAS/droneswithout class marking (legacy) other than privately built”.
• Carry class C2 marking label.
• Carry class C3 marking label and therefore meet the following technical requirements:
  • MTOM < 25 kg and a maximum dimension of less than 3 m;
  • power supply;
  • unique serial number;
  • direct remote identification system and network;
  • geo-awareness system;
  • Low battery warning system for unmanned aircraft and control station (CS);
  • be equipped with a data link protected against unauthorised access to command and control functions (C2);
  • equip lights for attitude control and night flight.
• Carry class C4 marking label and therefore meet the following technical requirements:
  • MTOM < 25 kg;
  • be safely controllable and manoeuvrable by a remote pilot following the manufacturer's instructions;
• no automatic control modes, except for flight stabilisation assistance without any direct effect on the trajectory and for assistance in case of loss of link, provided that a predetermined fixed position of the flight controls is available in case of loss of link;
• be intended for the practice of model aircraft.

Direct remote identification system and class markings

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Effective January 1, 2024, the Direct Distance Identification System ( <<DRI) requirement applies: Direct Remote Identification>>). The UAS with class marking (C1, C2 and C3) used in the open category, which are required to carry it, equip this system as standard, which must:

• Allow loading of the UAS operator registration number.
• Transmit, at regular intervals, at least:
  • the registration number of the UAS operator and the verification code provided by the Member State during the registration process;
  • Unique serial number of the AU
  • timestamp, the geographical position of the AU and its height above the surface or take-off point;
  • clockwise trajectory from geographical north and AU ground velocity;
  • the geographical position of the remote pilot;
  • an indication of the emergency situation of the UAS; 
• Reduce the ability to manipulate the operation of the direct remote identification system.

Some companies have already put on the market modules that offer a direct remote identification system, providing the "EU Declaration of Conformity". This information can be found in a list published on the EASA website, who does not verify compliance with such components and the declaration of conformity is the responsibility of the manufacturer:

As of 1 January 2024, in the open category, the aspects related to the Direct Remote Identification System (“DRI”) are summarised according to the following table:
 



Below you can find a presentation with the information associated with class markings and the Direct Distance Identification (DRI) system.

• Presentation of class markings and DRI. Ed.02.

Further information on the requirements for class markings can be found in the following section: "Design and production of UAS/drones".

Minimum ages of remote pilots

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Article 9 of Implementing Regulation (EU) 2019/947 on minimum ages for remote pilots provides that the minimum age in the ‘open’ and ‘specific’ categories shall be 16 years.

However, it indicates that no minimum age will be required for remote pilots in any of the following cases:

• When operating in subcategory A1 with a UAS of class C0 which is a toy within the meaning of Directive 2009/48/EC;
• When operating with a privately constructed UAS with a MTOM < 250 g;
• When operating in the ‘open’ category under the direct supervision of a remote pilot over the age of 16 who holds the pilot certificates for the sub-category in which it operates.

In addition, point 3 of that Article 9 of Implementing Regulation (EU) 2019/947 provides that Member States may lower the minimum age of 16 years for operations carried out on their territory. In the case of Spain, Article 7 of Royal Decree 517/2024 provides that the minimum age for the use of UAS in the ‘open’ category is reduced in the following cases:

• Twelve years for the use of UAS in subcategory A1 when operating:
  • a Class C0 UAS other than a toy; o
  • a legacy UAS with MTOM < 250 g;
• Fourteen years in any of the following cases:
  • When operating in subcategory A1 with a class C1 UAS;
  • When in subcategory A2 or A3 they operate with a class C2 UAS;
  • Where a class C3 or C4 UAS is operated in subcategory A3; a privately constructed UAS with a MTOM of less than 25 kg; or a legacy UAS with a MTOM < 25 kg.

With regard to non-EASA operations carried out directly by a body vested with public authority, Article 16 of Royal Decree 517/2024 establishes that the minimum age to act as a UAS operator or remote pilot in non-EASA activities or services shall be sixteen years.

Contact AESA UAS Division:

In case of doubt or special situations related to operations with UAS in the ‘open’ category, you can direct your query to the drone mailbox (drones.aesa@seguridadaerea.es)