UAS/drones regulations

Drone Regulations

Since December 31, 2020, the European UAS regulations apply. This standard affects all drones regardless of their use or size. This section compiles the applicable regulations and frequently asked questions about them. You can find more detailed information on specific aspects in the different sections of the website within the “drone field”. A summary with the key aspects and minimum obligations are detailed in the point Do you have a drone?.

• Consolidated European legislation:
   
  • Consolidated Implementing Regulation (EU) 2019/947 including changes to Implementing Regulation (EU) 2020/639, Implementing Regulation (EU) 2020/746, Implementing Regulation 2021/1166 and Implementing Regulation (EU) 2022/425. (link to standard).
  • Consolidated Delegated Regulation (EU) 2019/945 including changes to Delegated Regulation (EU) 2020/1058. (link to standard).

Additionally, since June 25, 2024, the national UAS regulations apply. This standard supplements the legal regime applicable to the civil use of UAS subject to European Union regulation, and regulates activities excluded from European regulations.

• National legislation:
   
  • Royal Decree 517/2024, of 4 June, developing the legal regime for the civil use of unmanned aircraft systems (UAS), and amending various regulatory standards on import control of certain products with respect to the applicable rules on product safety; civil aerial demonstrations; firefighting and search and rescue and airworthiness requirements and licences for other aeronautical activities; registration of civil aircraft; electromagnetic compatibility of electrical and electronic equipment; Air Regulations and Common Operational Provisions for Air Navigation Services and Procedures; and reporting of civil aviation occurrences. (link to standard).
    
    In the following link you can find the retransmission of the Conference held on June 26th on the most important aspects related to the entry into force of Royal Decree 517/2024.

  • A video summary of the main regulatory changes arising from the entry into force of Royal Decree 517/2024 is also available at the  following video:

• Resolution of EASA management approving national standard scenarios (STS-ES) for UAS operations in the ‘specific’ category under an operational declaration in accordance with Implementing Regulation (EU) 2019/947.
   
  • UAS operators that have submitted declarations in accordance with the national standard scenarios (STS-ES) published by EASA before 30 August 2024 may continue to submit amendments until the end of their validity. Such declarations shall be valid and may be operated in accordance with the declaration until 31 December 2025. Those UAS operators who do not have any declarations submitted by the date of 30 August 2024, will not be able to submit new declarations or modify them as of 31 August 2024.
    • See resolution EX-D-007 of the management of the State Aviation Safety Agency, issuing the exemption regarding the continuation of the transitional period in which declarations made by UAS operators based on national standard scenarios can be accepted.
  • From 1 January 2024, UAS operators may submit declarations in accordance with the European standard scenarios set out in Commission Implementing Regulation (EU) 2019/947.
     
• Resolution EX-D-010 of the Directorate of the State Aviation Safety Agency extending exemption EX-D-008 for UAS swarm operators to ensure that each unmanned aircraft is fitted with at least one green flashing light at night and an active and up-to-date remote identification system.
• Resolution GR-D-029 of the Director of the State Aviation Safety Agency issuing an AltMoC to Article 11 of Implementing Regulation (EU) 2019/947 on the development of a predefined risk assessment to perform operations with UAS.

From 28 May 2024, UAS operators may submit applications for authorisation based on PDRA-S01 [F] to perform mainly aerial spraying and dispersion of agricultural/forestry products under the designation with aircraft up to 3 metres of characteristic dimension. 

• Easy Access Rules for Unmanned Aircraft Systems (Regulations (EU) 2019/947 and (EU) 2019/945).
• Link to EASA Frequently Asked Questions on European UAS Standards: FAQ UAS EASA

Non-EASA activities or services

European legislation does not apply to “non-EASA activities or services”, so operators carrying out such activities must comply with the provisions of Royal Decree 517/2024.

‘Non-EASA activities or services’ are those excluded from the scope of Regulation (EU) 2018/1139 of the European Parliament and of the Council, Article 2.3(a), carried out by military, customs, police, search and rescue, firefighting, border control, coastal surveillance or similar 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.

Additional information to carry out this type of operation is available under the heading “Non-EASA activities or services with UAS"

Availability of liability insurance

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 ages of remote pilot UAS

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, exceptions will apply to this point depending on the type of UAS with which you want to operate, being able to reduce in certain situations in the category «open» .See the section «Operations with UAS / Drones - Open category" for more information.

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 the UAS regulations, you can direct your query to the drone mailbox (drones.aesa@seguridadaerea.es).