Madrid, 12 September 2024 (EASA)

The entry into force of the new Royal Decree 517/2024, of 4 June, which develops the legal regime for the use of UAS brought about important changes in the regulation of non-EASA civil activities or services. These include military, customs, police, search and rescue, firefighting, border control, coastal surveillance or similar activities or services, under the control and responsibility of a Member State, undertaken in the general interest by or on behalf of a body vested with public authority.

That Royal Decree lays down the legal regime applicable to non-EASA activities or services carried out directly by a body vested with public authority responsible for the respective activity or service (non-EASAdirect activities)and those carried out on behalf of a body vested with public authority (non-EASAindirect activities).

In addition, obligations are established regarding the registration of UAS operators of non-EASA activities or services, exemptions from the remote identification system (DRI) requirement and specific provisions on their operations.

Operational developments

Non-EASA direct activities

One of the main novelties is the possibility of carrying out operations in a specific category according to a standard scenario adopted within the framework of the Implementing Regulation, or by a national standard scenario adopted by the State Aviation Safety Agency (AESA).

Non-EASA direct operators do not have to submit an operational declaration to AESA. However, the responsible body shall ensure that the operation is carried out subject to the relevant standard scenario.

Category-specific operations by non-EASA direct operators that cannot be carried out under a standard scenario shall not require an operational authorisation issued by EASA.

The public body responsible for the respective activity or service must ensure that the operation is carried out:

- After carrying out an operational risk assessment.

- With sufficient technical and professional solvency.

- Applying the necessary mitigating measures to make the operation safe.

Thus, it is for the body responsible for that activity to authorise the implementation of the activities, to ensure that they are carried out in accordance with the applicable regulations in accordance with their operational category and to adopt the procedures determining the mitigation measures to be applied.

Non-EASA indirect activities

UAS, staff and organisations performing non-EASA activities or services on behalf of a public body are subject to the same requirements as EASA activities.

All the information is available on the AESA website.

 

New requirements for UAS Geographical Areas

In addition to the general rules of operation of drones depending on the operational category, depending on the place of operation, the operator may be subject to compliance with other requirements or find the flight limited or prohibited.

Detailed information on requirements, flight limitations in each of these UAS geographical areas and exemptions for the exercise of non-EASA activities or services is provided in the Guide to UAS Flight Requirements and Limitations depending on the place of operation (UAS Geographical Areas).

ENAIRE makes available to users the web application ENAIRE Drones, which presents on the map of Spain the geographical areas of UAS and the prohibitions and flight limitations for unmanned aircraft.

 

Obligations on registration of UAS operators

Operators of non-EASA activities or services performed indirectly, on behalf of a body vested with public authority, are required to be digitally registered in the Register of UAS Operators.

Likewise, operators of non-EASA activities or services carried out directly are obliged to register, except in the case of the Security Forces and Bodies regulated by Organic Law 2/1986 of 13 March 1986, the National Intelligence Centre (CNI), the Deputy Customs Surveillance Directorate (Customs) or the General Directorate of Traffic (DGT). Under this proviso, registration is voluntary.

Instructions on digital registration in the Register of UAS Operators can be found in the section “Drone/UASOperator Registration”

 

Exemption from the remote identification requirement

For reasons of public security, provided that complementary mitigation measures are applied that guarantee equivalent levels of security, UAS carrying out non-EASA activities or services in operations against organised crime, terrorism or very serious threats to public security, as well as those aimed at preventing and avoiding dangers, threats or aggressions against the independence or territorial integrity of Spain, national interests and the stability of the rule of law or its institutions, may operate without complying with the requirement of being equipped with a remote identification system or accessory, or the veracity of the information provided, by:

- The State Security Forces and Bodies under the Government of the Nation or the Police Bodies under the Autonomous Communities

- The Deputy Directorate of Customs Surveillance

- The National Intelligence Center

 

Remote pilot training in non-EASA operations

As established in Royal Decree 517/2024, as regards the training of remote pilots for the performance of non-EASA activities or services (both carried out directly by the body vested with public authority and indirectly) no exception applies to them and, therefore, the Implementing Regulation will apply to them , having to carry out the same training as remote pilots who are going to carry out EASA operations.

All the novelties introduced by Royal Decree 517/2024 related to the training of EASA operations, and that are also applicable for non-EASA training, are summarized in the news Main novelties introduced by Royal Decree 517/2024 for the training of remote pilots.

The main difference from the above is in the training in national standard scenarios (‘STS-ES’) for non-EASA activities. In this case, as set out in Article 20, for the conduct of UAS operations in the national standard scenarios (‘STS-ES’), remote pilots shall:

- Be in possession of a certificate of theoretical knowledge of remote pilot, in accordance with the definition of the corresponding standard scenarios, issued by the State Aviation Safety Agency;

- Be in possession of a full practical skills training accreditation for the relevant standard scenario in each case, as set out in the definition of the relevant standard scenarios, issued by a qualified entity.

The national standard scenarios (STS-ES) are only valid for operations within the territory and airspace of Spanish sovereignty, therefore they will not be valid in the other EASA Member States or in third countries.

As for the authorized entities, which will be those in charge of providing the practical training of remote pilots, they must submit a declaration and comply with the requirements established in Article 21 of Royal Decree 517/2024.

All this information and more is available in the UAS/Drones NO EASA remote pilot training section of the AESA website.

 

Transitional period

Operators performing non-EASA activities or services have until 25/06/2025 to fully adapt to the provisions of Royal Decree 517/2024, except for the use of the airspace and geographical areas of UAS, which is applicable to them since its entry into force.

Pending the full adaptation of non-EASA activities or services, the provisions of Royal Decree 1036/2017 of 15 December 2017 shall apply to these UAS operations.