Royal Decree of UAS.

• - The new Royal Decree of UAS develops a regulatory framework for the civil use of unmanned aircraft systems (UAS) consistent with the European standard in a way that provides stability and legal certainty to the drone sector in Spain.

• - The new regulatory framework will enter into force 20 days after its publication in the Official State Gazette (BOE).

• - Among the novelties of the new Royal Decree of UAS for EASA operations is the training in specific authorized category, the exemption of insurance and reduction of the minimum age of remote pilots in open category.

• - In addition, the new regulation establishes a new zoning, develops the U-Space regulatory framework and introduces changes to UAS civilian Non-EASA operations.

 

Madrid, 4 June 2024 (AESA)

The Council of Ministers, at its meeting today, approved a Royal Decree developing the legal regime for the civil use of unmanned aircraft systems (UAS, Unmanned Aircraft Systems)providing stability and legal certainty to the drone sector in Spain. In this way, this regulation complements the European Union regulations (Delegated Regulation (EU) 2019/945 and Implementing Regulation (EU) 2019/947) and repeals Royal Decree 1036/207 that regulated the civil use of these aircraft.

The new regulatory framework will enter into force 20 days after its publication in the Official State Gazette (BOE). The main novelties included in the new Royal Decree are in changes and regulations within EASA operations, the creation of a new UAS zoning, the development of the regulatory framework for U-Space, and the application of the legal regime to non-EASA operations.

The State Aviation Safety Agency (AESA), in its commitment to the public service to users, will modify all the information in this regard in the "UAS / Drones" area of its website, where the content will be updated for greater agility and understanding of the regulations.

 

EASA Operations

Within EASA aircraft operations, i.e. aircraft operations for activities or services within the scope of the Implementing Regulation and the Delegated Regulation (EASA Basic Regulation), the new Royal Decree introduces:

- Regulation of training in a specific authorised category. The regulation of the Designated Entities is introduced and the figure of the Instructor, Examiner and Evaluator is created.

- Exemptions from compulsory civil liability insurance in the open category.

- Reduction of the minimum age of remote pilots for open-category operations to 14 or 12 years depending on the subcategory and type of UAS used.

 

New Zoning

In addition to the general rules of drones depending on the operational category, depending on the place or type of activity to be carried out, the operator may be subject to compliance with other requirements. With the regulatory update in relation to zoning, requirements and limitations applicable to the use of UAS are established with a scheme more adjusted to the new European regulatory environment. The main changes are:

- Finalises the distinction between recreational and professional activities and their specific zoning requirements.

- Unified regulations adapted to the needs of non-EASA operations are established.

- The need to coordinate UAS operations in controlled airspace is eliminated, provided that it is outside the aerodrome/heliport environment and does not exceed the maximum height of 60 metres. 

- General zones and a framework for the creation of particular zones are established 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, state or regional administration.

- A framework is created for the single digital publication of UAS geographical areas.

- Royal Decree 1919/2009 on aerial demonstrationsis amended, bringing certain requirements into line with those laid down in European regulations, such as distances to personnel not involved. In addition, the obligation to manage NOTAM directly by the demonstration manager with the air traffic service provider (ATSP) concerned is included, without EASA acting as an intermediary.

 

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.

 

Non-EASA Civilian Operations

The new Royal Decree 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.

In this sense, the EASA framework is established, eliminating certain requirements such as the operational limitation with UAS of up to 25 kg of maximum take-off mass (MTOM). In this way, operations may be carried out in an authorised “specific” category provided that an operational risk assessment is available based on the SORA methodology and the application of the corresponding mitigation measures. Additionally, a specific training scheme is implemented and the creation of Faculties for training in national standard scenarios (STS-ES) in these operations.

Finally, within this scope, the new RD brings a differentiation between operations carried out directly by a body vested with public authority (direct) or those carried out by a UAS operator on its behalf (indirect).

The preparation of this Royal Decree has had the participation of the Ministry of Transport and Sustainable Mobility, the Ministry of Defense, the Ministry of Industry and Tourism, the Ministry of the Interior, the Ministry of Economy, Trade and Enterprise and the Ministry of Digital Transformation and Public Function, as well as other actors in the sector.

 

About AESA

AESA is the State body, attached to the State Secretariat for Transport of the Ministry of Transport and Sustainable Mobility, which ensures that civil aviation rules are complied with in all aeronautical activity in Spain. The Agency has the missions of Supervision, Inspection and Management of Air Transport, Air Navigation and Airport Security. It assesses risks to transport safety and has the power to impose penalties for infringements of civil aviation rules.