Madrid, 25 June 2024 (AESA)

Today, Tuesday, June 25, 2024, enters into force the new Royal Decree 517/2024, which develops the legal regime for the civil use of unmanned aircraft systems (UAS), after its approval on June 4 in the Council of Ministers and its subsequent publication in the Official State Gazette (BOE) on June 5.

With the update of this regulation, the sector is allowed to adapt to the requirements established in the European standard, as well as to the needs of the aeronautical sector, betting on stability and legal certainty for its development.

The Royal Decree UAS entails an important modification of various regulatory aspects relating to both operations with unmanned aircraft in the airspace of Spanish sovereignty and those relating to the training of remote pilots in the ‘specific’ category under operational authorisation. In addition, important modifications are included in relation to model aircraft activities and aerial exhibitions with UAS, modifications of the minimum ages of remote pilots or the modification and adaptation of the legal regime regarding civil non-EASA activities with UAS or the reduction of minimum insurance requirements in certain operational categories among others.

All the information and regulatory changes that affect remote pilots and UAS operators are available in the section of the AESA website, in the field of drones.

 

New requirements for UAS Geographical Areas

The legal regime that establishes the new Royal Decree UAS establishes a zoning framework more adjusted to the needs and demands of the different affected. This regulatory update allows to adjust the requirements and limitations applicable to the use of air UAS to the needs of the use of airspace, of the efficiency in its use, as well as to allow to adjust the operations to the European regulatory framework and to facilitate the coordinations in the operations with UAS.

The finalisation between the distinction between recreational and professional activities is highlighted, unifying all operators with the requirements and limitations of the UAS geographical areas where operations are desired. In addition, note also the creation of a framework for the single digital publication of UAS geographical areas, as well as the elimination of the need for coordination between UAS operator and ATSP in UAS operations in controlled airspace, provided that it is outside the aerodrome/heliport environment and does not exceed the maximum height of 60 metres.

Similarly, the new Royal Decree allows for the establishment of general zones, as well as a regulatory framework for the creation of particular zones for reasons of operational and public safety, privacy and environmental protection. The establishment of these areas will be done at the initiative of CIDETRA or at the request of the Public Administration, state or regional.

Finally, the amendment of Royal Decree 1919/2009 relating to aerial demonstrations, such as those intended for swarming UAS flights, is highlighted, equating certain requirements to those established in European regulation, such as distances to personnel not involved. In addition, management of NOTAMs directly by the demonstration manager with the affected air traffic service provider (ATSP) is included.

Remote pilot training

The new regulatory framework makes it possible to provide a legal framework for certain aspects relating to training in the ‘specific’ category under operational authorisation which, until the publication of the Royal Decree UAS, did not have a necessary regulatory basis for carrying out these operations in accordance with the requirements of aeronautical safety in UAS operations.

With the entry into force of Royal Decree 517/2024, a legal framework adapted to the Designated Entities is created , which are those aimed at providing practical training for distance pilots in the "specific" category under operational authorisation, as well as the new figure of Instructor, examiner and evaluator to provide practical remote pilot training in the activity of the Designated Entities, and the minimum training required for this new training figure.

Finally, this section highlights the new training related to UAS Radiophonist, which will allow establishing training adapted to the real needs of remote pilots in the use of aeronautical radiophony, necessary in those operations in which conditions require it.

Non-EASA Civilian Operations

Royal Decree 517/2024 also establishes the legal regime applicable to non-EASA civil operations with UAS, i.e. customs, police, search and rescue, firefighting, border control, coastal surveillance, or similar activities or services, excluded from the scope of the European Union regulation.

The new regulatory framework brings the areas applicable to this type of operations closer to EASA regulations, and adapts the regulations to the requirements established to be able to carry out this type of activities more efficiently and with greater autonomy to carry out non-EASA operations. It is worth mentioning the creation of a regulatory framework that allows the establishment of new operational scenarios specific to this type of operations, as well as allowing the possibility of using the SORA methodology in operations in the authorised “specific” category.

Additionally, the training scheme relating to this type of operations has been updated, which allows the training relating to non-EASA operations to be adapted to the EASA training scheme. Likewise, the figure of Authorized Entity before AESA is created, which allows to regulate the practical training of pilot at a distance specific to Non-EASA operations

Finally, within this area, the new Royal Decree makes an important distinction between transactions carried out directly by a body vested with public authority (direct) or those carried out by a UAS operator on its behalf (indirect). These new figures will have different qualification requirements to carry out this type of activities.

U-space regulatory framework

The new standard also complements the legal regime of Implementing Regulation (EU) 2021/664 on a regulatory framework for U-Space (U-Space Regulation), in terms of organisation and competences. In this regard, the Interministerial Commission for Defence and Transport (CIDETRA) is responsible for designating airspace as U-space. Likewise, the Ministry of Transport and Sustainable Mobility is the entity responsible for the designation for all airspaces and U-space of Spanish responsibility of the single certified Common Information Service Provider (CISP).

In this context, EASA is the competent authority for deciding on the issue, modification, revocation, suspension or limitation of Common Information Service Provider (CISP) certificates and U-Space Service Provider (USSP) certificates and for the supervision of those providers.

On 26 June , the Spanish Aviation Safety Agency (AESA), in collaboration with the DGAC, will organise the first information day for all users interested in carrying out EASA operations, where the most relevant aspects of the entry into force of the new Royal Decree UAS will be discussed.  The day will be held in online format. The capacity of the day has been increased due to the demand received, so to attend, it is necessary to register in this link.