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Drone regulations 2024 - everything you need to know

2023-12-07
Drone regulations 2024 - everything you need to know

We explain the regulations that apply to drones in Poland. You'll learn what regulatory innovations have been made to safeguard public and private interests while enabling drone development in various fields. Check out Drone Law 2024, where you'll discover how EASA member states (including Poland) are shaping regulations to effectively take care of the public while ensuring privacy and considering human rights.

Table of Contents:

Regulations applicable to the open and special category

Open category

Special category

Drones with a class C0-C6 identification label

Summary

Regulations applicable to the open and special category

Over what time period do EU Regulations 2019/947 and 2019/945 apply?

Due to the COVID-19 crisis, the start date of the applied eU Regulation 2019/947 has been postponed from July 1, 2020. on 31 december 2020., which means:

  • as of December 31, 2020. registration of drone operators and certified drones is mandatory
  • as of December 31, 2020. you can perform operations in the "special" category after obtaining permission from the national aviation authority
  • as of January 1, 2023. as a drone user operating drones without a class identification label, you can still operate with certain restrictions under Art. 22 of EU Regulation 2019/947
  • as of January 2022. national permits, certificates and declarations must be fully converted to the new EU system
  • as of January 1, 2022. eASA member states must share geographic zone information for GEO in a digital format adapted between EU countries
  • as of January 2023. all operations in the "open" category and all drone operators must fully comply with EU Regulation 2019/947 and EU Regulation 2019/945

Who is the drone operator?

A drone operator is any individual or legal organization that owns or rents a drone(s). You can be both a drone operator and a pilot if you are also the person who actually flies the drone. You can, on the other hand, be a pilot without being a drone operator if, for example, you are a pilot working for a company that provides drone services. In this case, the company is the drone operator and you are the pilot. If you bought a drone to fly it in your spare time, you are both a drone operator and a pilot. If you bought a drone to give as a gift, the person who receives the gift and then flies the drone will be the drone operator and pilot.

What types of drones does the regulation apply to?

The regulation covers all types of aircraft without a pilot on board, including radio-controlled flying models (powered fixed-wing aircraft, helicopters, gliders, RPAS), regardless of whether they are equipped with a camera.

A drone is otherwise known as an unmanned aerial vehicle (BSP) which means operating or designed to operate autonomously or remotely without a pilot on board. The regulation concerns;

  • aerial work
  • urban air mobility
  • recreational flights, including model airplanes
  • international IFR flights

RPAS (Remotely Piloted Aircraft Systems) is a subcategory of BSP that includes fully autonomous drones that fly completely on their own, without the need for pilot intervention.

Regulatory reference: art. 3(3). 30 of Regulation (EU) 1139/2018 / art. 2(2). 1 of EU Regulation 2019/947 and Art. 3(3). 3 of EU Regulation 2019/945.

When is a drone considered a toy?

A drone is considered a toy if it can be attractive to a child. More specifically, products designed or intended solely for use in play by children under the age of 14 are considered a toy and must be compliant with Directive 2009/48/EC on toy safety. The drone's compliance with this directive is declared in the relevant EU declaration of conformity. In case of doubt, the fact that a product should be considered a toy is evaluated by market regulators on the basis of a number of characteristics related to the attractiveness of the product to children, accessibility, etc.

However, manufacturers can explicitly exclude their product from the scope of the Toy Safety Directive (when misleading is possible) by clearly indicating a minimum age of > 13 years on their product (packaging, instructions for use, etc.). for example, "do not use under 14 years of age").

Regulatory reference: Article 2 of Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009. on toy safety.

What is the difference between an autonomous drone and an automated drone?

Autonomous drone is able to perform safe flight without your intervention. It does this with the help of artificial intelligence, enabling it to deal with all kinds of unforeseen and unpredictable emergencies. This differs from automated operations, in which the drone flies predetermined routes defined by you before the flight begins. With this type of drone, it is essential that you can take control and intervene in unforeseen events that the drone is not programmed for. While automatic drones are allowed in all categories, autonomous drones are not allowed in the "open" category. Autonomous drones require verification of compliance with technical requirements that are compatible with the system introduced for the "open" category. Autonomous operations are allowed in the "special" category, where regulations include requirements according to the level of sophistication, respectively. Autonomous operations are also allowed in the category of "certified".

Who is an uncommitted person?

An uninvolved person is a person who is not involved in the BSP operation or who is unaware of the instructions and precautions given by the drone operator. Examples of uninvolved people:

spectators gathered at sports activities, concerts or other mass events
people on the beach, in the park or walking on the streets
An uninvolved person is not only a person who is directly exposed to the drone, but can also be a person in a bus, car, etc. if indirectly exposed. For example, if a drone flies over a car, its driver should be considered an "uninvolved person." The reason is that a drone flying near a car (even if it doesn't hit it) could distract the driver and thus cause a car accident.

Regulatory Reference: GM1 Article 2(18) Definitions, Decision ED 2019/021/R.

Who is the person involved?

A person is considered involved if he or she chooses to take part in the operation, understands the risks, and is able to check the position of the drone during the flight. Therefore, in order to be considered a person "involved" in the operation, you must:

  • consent to participate in the operation (e.g., consent to fly a drone), consent must be explicit
  • receive from the drone operator/pilot instructions and precautions to be taken in an emergency situation
  • not be busy with other activities that would prevent you from checking the drone's position and, in the event of an incident, taking action to avoid being hit.

Writing on a piece of paper that a drone will be used at an event is not considered sufficient, as the drone operator must get individual explicit consent and make sure people understand the risks and procedures to be taken in an emergency. During operations, the people involved are expected to follow the drone's flight and be ready to take action to protect themselves in the event of unexpected drone behavior. If people are busy working or watching something during BSP operations that is not consistent with monitoring the drone's flight, they cannot be considered involved.

Regulatory Reference: GM1 Article 2(18) Definitions, Decision ED 2019/021/R.

What is a gathering of people?

A gathering of people is a crowd of people. It is not defined by a specific number of people, but is related to an individual's ability to move to avoid the consequences of a drone that has gone out of control. If the group of people is so large that the ability to freely escape or move away from the drone is limited, then a gathering of people is considered. Examples of gatherings of people can be considered:

  • sports, cultural, religious or political events
  • beaches or parks on a sunny day
  • shopping streets during store opening hours
  • ski resorts / ski trails

Regulatory Reference: GM1 Article 2(3) Definitions, Decision ED 2019/021/R

What is covered by the regulations in the EU regulation?

EU regulations take a risk-based approach and as such do not distinguish between recreational and commercial activities. They take into account the weight and specifications of the drone and the operation it is to perform. The regulations apply to drones sold on the market:

For category work "open":

  • those that will bear the class identification label (according to Regulation (EU) 2019/945) from 0 to 6, from lighter to heavier models
  • those built privately
  • placed on the market before December 31, 2023.

For work in the "special" category, all drones in this category, including those without a class identification label.

EU Regulation 2019/947 takes into account most types of operations and their risk levels. It does so through three categories of operations: "open," "special," and "certified".

Can EASA member state maintain national drone regulations in parallel with new European drone regulations?

The EU drone regulation is a piece of legislation that became effective in all EU member states on December 31, 2020., replacing national laws and making them no longer applicable. However, European drone regulations provide some flexibility for member states to develop acts that specify certain aspects, such as:

  • minimum age of remote control
  • conversion of certificates issued before the entry into force of the EU regulation
  • authorization of modeling clubs and associations
  • fines in case of violation of the regulation
  • use of geographical zones
  • insurance

EASA member states may not develop any further drone regulations on a topic that is already regulated by the European drone regulation.

Whether certificates issued in the UK for BSP systems, including pilot training, will be accepted in the EU after Dec. 31, 2023.?

The United Kingdom (UK) has withdrawn from the European Union Aviation Safety Agency (EASA) system as of January 1, 2021. As of this date, EU law no longer applies in the UK, which is considered a third country.

This means that in accordance with Art. 41 Commission Regulation (EU) 2019/945 as an operator of unmanned aircraft (BSP), your principal place of business, registered office or residence in is the UK, you are required to comply with Commission Regulation (EU) 2019/947 for operations in the Single European Sky. The competent authority for such third-country operator who wishes to operate in the EU is the competent authority of the first Member State in which you intend to operate.

By way of derogation from the above provisions, in accordance with Art. 41 of Commission Regulation (EU) 2019/945, an unmanned aircraft pilot certificate of competence or BSP operator certificate issued by a third country may be recognized by the competent authority of an EU member state, provided that all of the following conditions are met:

  • third country has requested such recognition
  • the certificate of competence of the pilot of an unmanned aircraft or the certificate of operator of a BSP are valid documents for the country where they were issued
  • the commission, after consultation with EASA, ensures that the requirements under which such certificates are issued provide the same level of safety as provided by Regulation (EU) 2019/945

Do I need to register my drone?

Drones, unless certified, do not need to be registered. You, on the other hand, as a drone operator, must register. You can do this at the EU national aviation authority where you live. In Poland it is the Civil Aviation Authority. You register once, regardless of the number of drones operating in the "open" or "special" category. The registration will be valid for a period determined by the national aviation authority, after which it must be renewed. However, you do not need to register if you own a drone that:

  • weighs less than 250 g and does not have a camera or other sensor capable of detecting personal data
  • with a camera or other sensor, weighs less than 250 g, but is a toy (this means that its documentation indicates that it complies with the 2009/48/EC Toy Directive)

A drone is certified when it has an airworthiness certificate (or limited airworthiness certificate) issued by the National Civil Aviation Administration. In this case, registration is required. A certified drone is needed only when the risk of the operation requires it.

Relevant regulation: art. 21 of EU Regulation 2019/947.

What happens after registration?

Once you register, you will receive a "drone operator registration number," which must be affixed as a sticker or inscription on all drones you own, including privately built ones. You also need to send it to the "remote drone identification system." In Poland, after receiving the registration number, this number is sent and recorded aytamatically just after positive registrationjo.

Regulatory reference: art. 14 of EU Regulation 2019/947.

Will my registration as a drone operator be recognized throughout Europe?

Yes, as a drone operator you will receive a unique registration number that will be valid in all other EASA member states. Cannot register twice.

Regulatory reference: art. 14 of EU Regulation 2019/947.

I fly model airplanes. How can I fly my model?

As an aviation modeler, you have the following options for running your operations:

  1. You may act as a member of a modeling club or association that has received from the competent authority the authorization specified in Art. 16 of the BSP regulation. In such a case, you should follow the procedures of the modeling club or association according to the permit. The permit will specify all conditions of operation and may deviate from the regulation (for example, it may allow operations with drones weighing more than 25 kg or flying higher than 120 m, etc.).) Member States may allow model clubs and associations to register their members in the registration systems established in accordance with Article. 14 on their behalf. Otherwise, members of clubs and associations of aeronautical modelers shall register themselves in accordance with Art. 14.
  2. If you do not wish to become a member of a club or association, you may use the special geographical zones defined by EASA member states in accordance with Art. 15 mouth. 2 of the BSP Regulation, in which drones and model aircraft are exempted from certain technical requirements or in which operational restrictions are extended, including weight or height restrictions.
  3. Models can be supported in the A3 subcategory.

Regulatory reference: Art. 16 of EU Regulation 2019/947.

Can I fly my drone wherever I want?

Each EASA member state defines geographic zones for drones, which are areas where drones are not allowed to fly (e.g., national parks, city centers or near airports) or can only fly under certain conditions, or where they require a permit to fly. Therefore, it is important to consult the national aviation authority to see where you can and cannot fly a drone. Geographic zones apply to all categories. In addition, it is not allowed to fly a drone near or inside an area where a rescue operation is underway. We have covered the topic of geographical zones in detail in this article.

Regulatory Reference: Art. 15 and UAS.OPEN.060 (4) EU Regulations 2019/94

Can I fly over people?

In general, when you operate in the "open" category, you can't fly over uninvolved people unless you have a privately built drone weighing less than 250g or a drone purchased on the market with a Class 0 or Class 1 identification label. In any case, try to minimize the time you fly over people.

If you have a drone with a Class 2 CE mark, in the A2 subcategory, you should keep the drone at a distance not less than the height at which the drone is located (this is the "1:1 rule," i.e. if the drone is at an altitude of 40 meters, the distance from bystanders should be at least 40 meters), and you should never fly within 30 meters horizontally from bystanders. If your drone is equipped with the low-speed mode function and it is activated, you can fly up to 5 meters away from uninvolved people. Distance from uninvolved persons when flying a Class C2 drone in all other cases (drones with a Class 3, 4, 5 or 6 identification label or privately built and heavier than 250 g), make sure there are no uninvolved persons within range of operation.

Regulatory reference: art. 4(4). 1 litre. (c) and UAS.OPEN.040 EU Regulation 2019/947.

How high can I fly my drone?

The maximum flight altitude in Poland is 120 m from the ground surface (AGL). Of course, it is better to make sure that the national aviation authorities have not introduced a geographical zone with a lower limit in the area where you fly. If you need to fly over an obstacle higher than 120 meters, you may fly at a vertical height of up to 15 meters above the obstacle, but only at the express request of the owner of the obstacle (such as an agreement with the owner to conduct an inspection). In this case, you can fly at a horizontal distance of 50 meters from the obstacle.

When operating in hilly terrain, the height of the drone above the ground may be lower. Keep the drone at a distance of 120 m from the nearest point of the site. This means that conditions can occur, such as at the top of a hill, where even if you keep your drone at a distance of 120m from the hillside, you are actually flying more than 120m above the valley floor. As long as you keep your drone within 120 meters of the hillside, your flight is legal.

Jak wysoko mogę latać moim dronem

Regulatory Reference: UAS.OPEN.010 (2) (3) Annex Part A to EU Regulation 2019/947

Geographic zones, (where I can fly) how do I know if I can fly in a particular location?

The flight permit applies to all operations in the "open" or "special" category and is issued by the authority specified by the State (in Poland it is the ULC). The state may want to restrict flights over a nature park or a riskier area, such as an industrial area or prison, etc. Goegraphic zones are not fixed, their areas and permits required for flight may change.

You should always check geographic zones and follow them before flying. In poland, you can check the zone at www. airspace.pansa.en/map. Select a view for BSP (Unmanned Aerial Vehicles). Learn more about what the abbreviations e.g. TRA, MCTR mean in the article Where to fly a drone? Map of geographical zones.

mapa stref geograficznych drony pansa

Regulatory reference Art. 15 of EU Regulation 2019/947

Is there a minimum age to fly a drone?

The minimum age for remote drone pilots in the "open" and "special" categories is 16 years old. You can contact the ULC, as the minimum age requirement can be lowered. However, there is no minimum age to fly a CE Class 0 drone in subcategory A1.

Regulatory reference: Article 9 of EU Regulation 2019/947.

Do I need insurance for my drone?

As a drone operator you must always have insurance for your drone if you use a drone weighing more than 20 kg. Currently, liability insurance for operators of unmanned aircraft weighing less than 20 kg is voluntary. You can find one of the cheapest and most affordable drone insurance policies at ocdrons.en.

Regulatory reference: Article 14(1). 2 litres. (d) EU Regulation 2019/947.

Open category

How to determine whether I belong to the open category?

The drone can be operated in the "open" category when:

  • bears one of the class 0, 1, 2, 3 or 4 identification labels
  • is privately built and weighs less than 25 kg
  • will be purchased before January 1, 2024., without the class identification label, as above
  • will not be handled directly over people unless it has class identification or is lighter than 250 g. (Be sure to read the subcategories of operations: A1, A2 and A3 to find out where you can fly your drone)
  • will be kept in line of sight (VLOS) or the remote pilot will be assisted by a UA observer
  • takes place at an altitude of no more than 120 meters
  • does not carry any dangerous goods and does not drop any materials

Regulatory Reference: Art. 4 and Art. 20 of EU Regulation 2019/947; Annex Part A and Art. 5(5). 1 of EU Regulation 2019/947, Part 1-5 of the Annex to EU Regulation 2019/945.

I belong to the "open" category, how can I determine in which subcategory I can fly?

The subcategory is defined by:

  • a label with the class designation (0, 1, 2, 3 or 4), attached to the drone
  • the weight of the drone, in the case of a privately built drone or a drone without a class identification label

There are three subcategories in the open category:

  • A1- maximum weight of the drone in this subcategory is 900 grams. There is a ban on flying over gatherings of people. You can fly C0 class drones ( e.g. Mini 3/3PRO, Mini 4/4PRO) and drones weighing less than 250 grams that were launched before 01.01.24 (e.g. Mini 2 SE).
  • A2- Only C-rated drones can be flown. Do not fly over bystanders and keep a distance of 50 m.
  • A3- Maximum weight of the drone is 25 kg. This subcategory also includes all drones weighing more than 250 g that do not have a class and will not get one, as well as drones of our own design. You can't fly over people and keep a distance of 150 m from buildings.

podkategorie dronow

Disclaimer: to ease the transition, drones without class identification labels may fly until January 1, 2024. as required by art. 22 of EU Regulation 2019/947.

I bought a DJI Mini Drone (weight 249g), how can I operate it?

DJI Mini are drones weighing less than 249g, have a camera and are not a toy (meaning they do not comply with the Toy Directive). Accordingly, the following measures should be taken to ensure compliance with Regulation (EU) 2019/947:

  • As a drone operator/owner, you must register with the national aviation authority.
  • After registration, you will receive a "drone operator registration number," which must be placed as a sticker on all drones you own, including privately built ones.
  • When using a drone, always follow the requirements of subcategory A1.

Remote pilot certification is not required to operate this type of drone, but A1/A3 online training is recommended. If you have doubts about the subcategories, you can see more information here.

What are the requirements in the subcategories of the categories "open"?

According to the drone's class identification label or weight, privately built drones can be operated under different conditions:

Drones with a Class 0 CE mark or privately built and weighing up to 250g can fly in subcategory A1, which means almost anywhere, except for gatherings of people or areas that the state has banned by imposing restrictions on drone flights (geographic zones in which it is prohibited).

Drones with a Class 1 identification label can also be operated in subcategory A1, except that it is required to minimize flights over uninvolved people.

Drones with identification class 2 can be used in subcategory A2, which means that in an urban environment, however, you must maintain a safe distance from bystanders. As a general rule, this minimum distance should be equal to the altitude at which the drone flies (e.g., if you are flying at an altitude of 30 meters, make sure that the nearest uninvolved person is at least 30 meters from where the drone would fall vertically in case of an accident). In no case shall this distance be less than 5 m. In addition, you can fly under the conditions specified for subcategory A3. Avoid flying in areas that have been banned by the state by imposing restrictions on drone flights.

Drones with a Class 3 or Class 4 identification label, or that are privately built and weigh up to 25 kg, can be operated in subcategory A3. This means that it is virtually impossible to use them in an urban environment. Keep the drone at least 150 meters away from residential, commercial or industrial areas and operate only in areas where there are no uninvolved people within range where the drone can be operated. In any case, avoid flying in areas that have been banned by the state by imposing restrictions on drone flights.

Who issues the remote pilot certificate of competency for the "open" category and how long it is valid for?

In the case of the "open" category, national aviation authorities (in Poland the ULC) are responsible for issuing certificates. Certificate of remote pilot competency is valid for 5 years. If the renewal is carried out before the expiration of the certificate, the pilot may attend a seminar organized by the ULC or an entity recognized by it, otherwise competence must be demonstrated again.

Regulatory reference: DRONE.OPEN.070 (1) of EU Regulation 2019/947.

Will the certificate of competence for the "open" category be recognized throughout Europe?

Yes, training conducted in one EASA member state is recognized in all others.

What training do I need to fly a drone in the open category?

The type of training required depends on the type of drone being used. A transition period until December 31, 2023 is in effect., and each EASA member state may determine appropriate requirements for remote pilot training in accordance with the following table:

BSP (drone)OperationDrone operator / pilot
ClassMaximum takeoff weightSubcategoryOperational limitationsDrone operator registrationRemote control competenciesMinimum age of the pilot
privately built< 250 gA1 (can also fly in A3 subcategory)- can fly over uninvolved people (should be avoided if possible)- ban on flying over gatherings of peoplenot unless it has a camera/sensor or the drone is not a toyno training neededno minimum age
0reading the instruction manual16*, no minimum age if the drone is a toy
older drones16*
1< 900 g- no overflying of uninvolved people (if it happens, it should be reduced)- ban on flying over gatherings of peopleyes- reading the instruction manual
- full online training
- passing the online theory exam
16*
2< 4 kgA2 (can also fly in A3 subcategory)- without flying over uninvolved people
- maintain a horizontal distance of 30 m from uninvolved people (this can be reduced to 5 m if the low speed function is enabled)
yes- reading the instruction manual
- full online training- passing the online theory exam
- conduct and declare self-study
- passing the written exam at the CAA (or a recognized body)
16*
3< 25 kgA3- don't fly close to people
- fly outside the urban area (distance of 150 m)
yes- reading the instruction manual
- full online training
- passing the online theory exam
16*
4
privately built
older drones

Training of pilots from January 1, 2024.

If the sub-category in which you fly requires training you can get one of the certificates according to the EU regulation with the EASA logo and use it to operate your drone in the "open" category in all EASA member states. A1/ A3 training courses are available on the ULC website. You can take your training and exams in the EASA member state of your choice.

You will perform the Cetificate of Competence as a pilot of unmanned aerial vehicles at a school authorized by the ULC. Beware, some illegal websites are selling fake training certificates. Trust only those training and exam providers listed on the uLC website!

No training is required if the drone you are using:

  • has a class C0 identification label
  • is self-built (privately built) and has a maximum weight of less than 250 g
  • was purchased before December 31, 2023., without a nameplate and with a maximum weight of less than 250 g

However, be sure to read the manufacturer's instructions.

Certificate of completion of online training for A1/A3 "open" subcategory.

If your drone meets one of the following conditions:

  • has one of the following class identification labels: C1, C3, C4
  • was purchased before December 31, 2023., without nameplate and with a maximum weight of less than 25 kg

After reviewing the manufacturer's instructions, register as a drone operator, receive online training and take the A1/A3 category exam. You will do this at uLC website. You can receive training and take the exam in any EASA member state.

After answering 40 questions and passing at least 75%, you will receive the following certificate:

rejestracja_operatora_drona_i_szkolenie

Certificate of remote pilot competency for subcategory A2 "open".

If your drone has a Class C2 identification label:

  • Read the manufacturer's instructions
  • Complete the online training and pass the online exam as defined for drones with a Class C1, C3 or C4 identification label
  • Identify a safe area that meets the requirements for subcategory A3 (an area where no uninvolved people are within range of the drone, at least 150 m from residential, industrial or commercial areas) and conduct a self-paced hands-on training session.

Now you can take an additional theoretical exam to obtain the BSP Pilot Competency Cetificate. The exam can be taken in a land-based or online format at a nursery designated by the ULC. You can find a list of nurseries here. Successful completion of practical training must be presented before taking the exam. After answering 30 questions and a pass rate of 75%, you will receive the discussed certificate.

Do I need to obtain a permit in the category before flying a drone "open"?

No prior approval is required for operations in the category "open".

What are my responsibilities as a drone operator in the category of "open"?

As a drone operator flying in the "open" category, you must:

  • make sure the drone has the registration number of the drone operator (e.g., with a sticker) and the same number is sent for remote identification
  • develop operating procedures (written procedures are required when the drone operator employs more than one pilot, otherwise it is sufficient for the pilot to follow the procedures specified in the manufacturer's manual)
  • make sure there is no radio interference that could affect the drone's control connection
  • designate a pilot for each operation; it is important to be clear who is the person responsible for each flight
  • ensure that the pilot and personnel supporting the operation of the drone are familiar with the drone operator's manual and procedures, are competent, and are provided with appropriate information on any geographic zones published by the member state
  • make sure the maps in the drone's GEO system are up to date, unless you are flying in a geographic zone where GEO is not required
  • ensure that (unless a privately built drone is being used) it has a declaration of conformity with the CE class designation, and its class label (0 to 4) is affixed to the drone; and ensure that those involved in operating the drone are aware of the risks associated with operations in subcategories A2 and A3

Regulatory Reference: UAS.OPEN.050 in accordance with Annex 1 and Art. 19 (2)

What are my responsibilities as a pilot in the category "open"?

As a remote control, you must:
Pre-flight:

  • complete the training and examinations required for the type of operation
  • you must have relevant, up-to-date information on geographic zones published by the ULC
  • check possible obstacles and the presence of people not involved in the operation of the drone (unless operating in subcategory A1 with a privately built drone or a drone with CE Class 0 designation)
  • verify that the drone is suitable for flight and the operations it will perform
  • make sure the remote control works properly (if applicable)
  • see if the drone's weight is within the category or subcategory limit of the planned operation

When flying in the "open" category, you should:

  • do not operate a drone if you are unfit due to the consumption of psychoactive/hallucinogenic substances or alcohol, or due to illness
  • you should fly the drone in such a way that you can see it clearly at all times (the drone must be in sight), if you want to fly an FPV drone, that is, with goggles, you should fly with an observer, that is, a person who will monitor the flight. The observer must be next to you so that he or she can immediately inform you if an obstacle is spotted and give you instructions, such as landing the drone immediately.
  • if you or an observer spot a manned aircraft, you should give way to it and make sure you are away from it, if there is any doubt about the operation, you should land the drone immediately.
  • adapt to the limitations of the geographical zones
  • operate the drone according to the manufacturer's instruction manual
  • follow the operator's procedures
  • do not operate in areas where rescue operations are underway (e.g., stay away from the area in case of an accident, as a rescue helicopter may be required)

Regulatory Reference: UAS.OPEN.060 in accordance with Annex Part A of EU Regulation 2019/947.

What should I do when I buy a drone for use in the open category or standard scenario (STS) of a specific category?

It is the operator's responsibility to obtain reasonable assurance that the drone he is acquiring meets the requirements applicable to its class C 1-6.
As an operator, in particular, he must pay attention to:

  • avoid buying directly from outside the EU, as the drone may not be intended for the EU market and may not comply with EU legislation
  • verify that the drone has the appropriate Class 1 to 6 designation and comes with a declaration of conformity showing compliance with the Drone Regulation (EU) 2019/945
  • when buying a used drone, be sure that it has not been damaged or modified in a way that affects its initial compliance with the Drone Regulation (EU) 2019/945
  • verify that the drone's initial compliance with its Class C requirements has been maintained throughout its life, in particular that the drone has not been damaged or modified in a way that could affect it

Do I still need training in the "open" category, given that I was flying drones before the regulations took effect?

All certificates of pilot competence issued by national authorities will remain valid until January 1, 2024., after which national aviation authorities will have to convert national certificates to new ones that comply with this regulation.

As of December 31, 2020., if you do not have a national certificate of competence as a remote pilot, you must undergo the required competency training required for the category "open".

Regulatory Reference: Art. 21 and Annex Part A (UAS.OPEN.020) and (UAS.OPEN.040) to EU Regulation 2019/947.

My drone is not certified, will I be able to fly my old drone after December 31, 2023.?

Yes, po January 1, 2024. it will still be possible to fly a drone without class identification labels, but only within the following subcategories of operations, which must be fully complied with:

  • subcategory A1, when the maximum takeoff weight of the drone is less than 250 g
  • subcategory A3, when the maximum takeoff weight of the drone is less than 25 kg

I am interested in drone racing and/or flying drones with goggles (FPV) in the "open" category in which category and subcategory of operations I fall as a drone racing competitor?

Usually drone races are organized by clubs and associations. In such cases, they may obtain operating permits from the national aviation authority in accordance with Art. 16 of Regulation (EU) 2019/947, which also includes the organization of such events.

If, instead, you want to run a race that is not organized by a club or association and has no spectators (in this context, this means people who are not involved), you will belong to the "open" category and can operate in subcategory A3. Follow the rules we describe in punkcide below.

Is flying with goggles (first person view) allowed in the category of "open"?

The regulation allows flights without maintaining direct visual contact with the drone, provided that a person acting as an observer is next to it, maintaining direct visual contact with the drone and observing the airspace to ensure that other airspace users (e.g., aircraft, buildings or people) are not endangered.The observer must be next to you so that he or she can contact you immediately if an obstacle is spotted and give you instructions, for example, to land the drone immediately.

Regulatory reference: Art. 4 litres. (d) EU Regulation 2019/947.

I build my own drones whether they can be used in the category "open"?

Yes, privately built drones can be used in the open category, depending on their weight, they are operated in the "open" or "special" category. As a drone operator, you must meet all the requirements of the regulation, and you can only operate in the "open" category in the subcategory:

  • A1, when the maximum takeoff weight of the drone, including its payload, is less than 250 g, and the maximum speed is less than 19 m/sec
  • A3, when the maximum takeoff weight of the drone including payload is less than 25 kg

Regulatory Reference: UAS.OPEN.020 (5) (a) and UASOPEAN.040 (4) (a).

I plan to provide services (commercial and other) using drones how can I determine which category I can operate in, "open" or "particular"?

In this regard, there are no additional requirements. Prior to the entry into force of the unin regulations, there was a distinction between commercial and non-commercial flights, but with their entry into force this was abolished. You can provide commercial or non-commercial services under the "open" category if you meet all the requirements set for the category "open".

Regulatory Reference: Art. 4 of EU Regulation 2019/947; Annex Part A and Art. 5(5). 1 of EU Regulation 2019/947.

I am a non-EU resident visiting Europe and plan to fly my drone in the "open" category, do I need to register?

All drone operations conducted in EASA member states must comply with the drone regulation, regardless of the nationality of the operator or pilot. Accordingly, as a non-EU resident, you are also required to register with the national aviation authority of the first EU country in which you intend to operate.

You will then receive a "drone operator registration number," which should be affixed as a sticker to all drones you own. It should also be uploaded to the "remote identification system" of the drone(s) you own.

Once registered in an EASA member country, your drone operator registration will be valid throughout Europe, and as an operator, you will be required to comply with all regulations of the drone regulation.

If you intend to operate in the "special" category, you must file a standard scenario declaration or apply for an operating permit with the national aviation authority of the EU member state where you have registered.If you wish to conduct operations in a member state other than the one in which you registered, you must follow the same procedure as all other citizens of the member state in which you registered.

Regulatory reference: Art. 41 mouth. 1 and 2 of EU Regulation 2019/945.

As a non-EU resident, are my competencies in the "open" category recognized in the EU?

Given that there is not yet mutual recognition between EASA and other countries, in the field of drones, training or qualifications obtained in the country of residence will not be accepted in the EU. Therefore, you will have to undergo the required training before you can fly your drone. In the meantime, other countries may develop regulations that may be recognized by the European Commission as equivalent to those in Europe. Information on future recognition will be published on the EU Commission's website as soon as it is finalized.

Special category

How to determine whether I fall into the category of "detailcommon"?

A drone may be used in the "special" or "certified" category when it does not meet the requirements of the open category.

Regulatory Reference: Art. 4 and Art. 20 of EU Regulation 2019/947; Part A of the Annex and Art. 5(5). 1 of EU Regulation 2019/947, Parts 1-5 of the Annex to EU Regulation 2019/945.

Training requirements in the "special" category, whether all pilots in the "special" category are required to train to fly a drone?

For operations in the "special" category, the training depends on the operation you intend to carry out. Thus, unless the operation falls into a standard scenario, it will be necessary to propose possible training to the national civil aviation authority after conducting a risk assessment. The ULC will assess the adequacy of the training in each case, and if it confirms it in the operational permit, it will become the required training.
If the operation belongs to a standard scenario, you must:

  • have a pilot's certificate of theoretical knowledge to work in standard scenarios
  • have an accreditation for completion of STS-01 practical training

To do so, you must complete and successfully pass an online training course. Both the certificate and accreditation can be issued by a competent authority or an entity selected for this purpose.

Regulatory Reference: UAS.SPEC.050 (d) and UAS.SPEC.060 (b) EU Regulation 2019/947.

Who issues the Certificate of Pilot Competence for the "special" category and how long it is valid for?

For standard scenarios, national aviation authorities are responsible for issuing certificates. The pilot's certificate of competence is valid for 5 years. If you are renewing your certificate before it expires, you can attend a seminar organized by the ULC or a recognized entity, otherwise it is necessary to demonstrate competence again. For operations in the "special" category that are not covered by standard scenarios, the training will be specified in the operational permit issued by the ULC.

Regulatory Reference: Article 12 of EU Regulation 2019/947 and UAS.STS-01.020.

Will the certificate of competence for the "special" category be recognized throughout Europe?

Yes, training conducted in one EASA member state is recognized in all other countries.

Do I need to get a permit before flying a drone in a category "particular"?

For operations in the "special" category, operations can be carried out within the constraints of a standard scenario and using a suitable drone. As a drone operator, all you have to do is submit the declaration to the ULC and wait for confirmation of receipt and completeness. For all other operations in the "special" category, an operating permit issued by the ULC is required.

I belong to the "special" category, how can I get a permit?

First, check whether the operation can be carried out under a standard scenario. If so, you don't need a permit, but you must file a declaration with the ULC. Use a drone marked with the identification label of the appropriate class (5 or 6). Once the declaration is submitted to the ULC, you will receive confirmation of its receipt and completeness, and you will be able to operate under the restrictions of the standard scenario. Otherwise, there are other ways to obtain operational authorization under the "special" category, depending on the level of risk posed by the operation in question.

As a drone operator, you can apply for:

  1. Authorize the operation by conducting a risk assessment of the intended operation using a risk assessment methodology; one possible method is SORA (specific operational risk assessment), which can be found as AMC1 in Article 11 of Regulation (EU) 2019/947. This allows you to determine the risk level of your operation and identify the mitigation measures and operational security objectives necessary to ensure the safety of your operation. When you consider that satisfactory measures have been implemented to ensure the safety of operations, you send all the information to the ULC and apply for an operating permit. Once the ULC grants permission - the operation can begin.
  2. Authorize operations through a predefined risk assessment (PDRA) as a simplification of conducting a risk assessment by the drone operator. For the operations that will be most common in Europe, EASA will conduct a risk assessment and publish, as an acceptable way to ensure compliance with drone regulations, a list of actions you must implement to conduct operations safely. It is still necessary to apply for a permit to the ULC, but both the drone operator and the ULC will use the standard measures set forth in the PDRA. PDRAs are published by EASA as AMCs to art. 11 of Regulation (EU) 2019/947.
  3. Light drone operator certification: this is a voluntary certification, after which the ULC can grant the drone operator certain rights. You can request an organization assessment from the ULC to determine whether you are able to assess the risks of the operation yourself. The requirements you must demonstrate are set forth in Part C of Regulation (EU) 2019/947. The ULC will issue a light unmanned aircraft system operator certificate and assign ratings based on the level of proficiency. These powers may include one or more of the following:-
    - conduct operations covered by standard scenarios without making a declaration
    - self-issuance of permits for operations conducted by a drone operator and covered by the PDRA without the need to apply for a permit
    - self-approval of all operations performed by the drone operator without having to apply for a permit

Regulatory reference: article 12 of EU Regulation 2012/947.

What are my responsibilities as a drone operator in the category of "particular"?

As a drone operator in the "special" category, you must:

  • make sure, the registration number of the drone operator is placed on the drone (e.g., with a sticker) and the same number is sent for remote identification
  • develop operating procedures (written procedures are required if you employ more than one pilot as a drone operator, otherwise it is sufficient that the pilot follows the procedures specified by the manufacturer in the operating manual)
  • make sure there is no radio interference that could affect the drone's control connection
  • designate a pilot for each operation; it is important that it is clear who is the person responsible for each flight-make sure that the pilot and drone support personnel are familiar with the drone operator's manual and procedures, are competent, and are provided with relevant information on any geographic zones published by the CAO
  • make sure the maps in the drone's GEO system are up to date, unless you are flying in a geographic zone where GEO is not required
  • make sure if you are using a privately built drone that it has a declaration of conformity with the CE class marking, and its class label (0 to 4) is attached to the aircraft
  • ensure that those involved in operating the drone are aware of the risks associated with operations in subcategories A2 and A3
  • conduct any operation within the limitations specified in the declaration or operating permit
  • maintain procedures to ensure safe operations
  • prevent unlawful interference and unauthorized access make sure people's privacy is protected
  • provide guidance to the pilot on minimizing nuisance caused by noise and emissions
  • ensure that the pilot in charge of the operation and other responsible personnel meet all the conditions required for operations in the category "particular"
  • keep a record of drone operations
  • keep the drone in proper condition to ensure safe operation

Regulatory Reference: UAS.SPEC.050 EU Regulation 2019/947

What are my responsibilities as a pilot in the category "particular"?

As a remote control, you must:
Pre-flight:

  • complete the training and examinations required for the type of operation
  • have relevant, up-to-date information on geographic zones published by the ULC
  • check obstructions and the presence of people not involved in the operation of the drone (unless operating in subcategory A1 with a privately built drone or a drone with a CE Class 0 designation)
  • verify that the drone is suitable for the flight and operations you will be performing
  • check that the remote controller is working properly (if applicable)
  • make sure that the weight of the drone is within the limit of the category or subcategory of the planned operation
  • verify that the operating environment complies with permitted or declared restrictions
  • ensure that air traffic services, airspace users and other users are informed of the planned operation

When flying in the "special" category, you should:

  • do not operate a drone if you are incapacitated by the consumption of psychoactive/hallucinogenic substances or alcohol, or if you are incapacitated by illness
  • keep the drone at a distance so that you can see it clearly; you can use a UA observer to scan the airspace when you want to fly from a first-person view, UA observers must be next to you so that they can immediately communicate if they see an obstacle and give you instructions, such as landing the drone immediately
  • if you or an AU observer see a manned aircraft, give way to it and make sure you are far away from it, if there is any doubt about the operation, land the drone immediately
  • comply with geographic zone restrictions
  • operate the drone according to the manufacturer's instruction manual
  • follow the operator's procedure
  • do not operate in areas where rescue operations are underway (e.g., stay away from the area in case of an accident, as a rescue helicopter may be required)
  • comply with permitted or declared restrictions

Regulatory Reference: UAS.SPEC.060 of EU Regulation 2019/947

Whether after December 31, 2023. i will be able to fly my old drone in the category of "particular"?

Drones in the "special" category do not require a class identification label (except when operating in a standard scenario).

Under the "special" category, do I still need training, given that I was flying drones before the regulations took effect?

Any remote pilot competency certificates issued by national authorities will remain valid until December 31, 2023., after which national aviation authorities will have to convert national certificates to new ones that comply with this regulation.Whether you will have to undergo additional training after that date will depend on the conversion process that the national aviation authority decides to implement.

As of January 1, 2024., if you do not have a national certificate of competence as a remote pilot, you will have to undergo the required competency training required for the category "open".

Regulatory Reference: Art. 21 and Annex Part A (UAS.OPEN.020) and (UAS.OPEN.040) to EU Regulation 2019/947.

I am interested in drone racing and/or flying drones with goggles (FPV) of the "special" category, what authorization do I need?

Usually drone races are organized by clubs and associations. In such cases, they were able to obtain operating permits from national aviation authorities in accordance with Art. 16 of Regulation (EU) 2019/947, which also covers the organization of such events. If the flight involves spectators, the operation falls into the "special" category and an application for permission must be submitted to the CAA.

Is flying with goggles (first person view) allowed in the category of "particular"?

The regulation allows flights without maintaining direct visual contact with the drone, provided there is a person next to it acting as an UA observer, maintaining direct visual contact with the drone and observing the airspace to ensure that it does not endanger other parties (e.g., aircraft, buildings or people). The UA observer must be next to the user so that he or she can immediately communicate with the user if an obstacle is spotted and issue instructions, such as landing the drone immediately.

Regulatory reference: Art. 4 litres. (d) EU Regulation 2019/947

Can spectators stay in the category of "particular"?

If the event is organized by a club or association that has received a permit from the ULC or the organizer has received an operational permit for an operation in the "special" category, then spectators are allowed.

I build my own drones can mine be used category "particular"?

Privately built drones of any weight may be used in the "special" category if they are included in the operational permit issued by the ULC.

I plan to provide services (commercial and otherwise) using drones in the "special" category, will I have to approve my operating permit in any other EASA member state?

By December 31, 2020. any permit issued by a member state is valid in the rest of Europe. You must first make a declaration (if you intend to carry out an operation covered by a standard scenario) or obtain an operating permit from the ULC.

For standard scenario (STS) operations, you must send a copy of the declaration and a copy of the acknowledgment of receipt and completeness to the national aviation authority where you intend to operate. Then you can start the operation according to the requirements of the standard scenario and verify the geographical zone published by the ULC in which the operation is conducted.

For operations not covered by the standard scenario in the "special" category, as a drone operator you must ensure that the mitigation measures outlined in its original risk assessment are appropriate for the new environment in which you plan to operate or that they need to be updated. You must then provide the ULC with an application for the planned operation, which must include:

  • a copy of the operating permit issued by the ULC
  • the location of the planned operation

Regulatory reference: art. 13 of EU Regulation 2019/947.

I am a non-EU resident visiting Europe and I plan to fly my drone in the "special" category, do I need to register?

All drone operations conducted in EASA member states must comply with the drone regulation, regardless of the nationality of the operator or pilot. Accordingly, as a non-EU resident, you are also required to register with the national aviation authority of the first EU country in which you intend to operate.

You will then receive a "drone operator registration number," which should be affixed as a sticker to all drones you own. It should also be uploaded to the "remote identification system" of the drone or drones you own. Once registered in the host country, the drone operator's registration will be valid throughout Europe, and the operator will be required to comply with all provisions of the drone regulation.

If you intend to operate in the "special" category, you must file a standard scenario declaration or apply for an operating permit with the national aviation authority of the EU member state(s) where you have registered.

If you wish to conduct operations in a member state other than the one in which you registered, you must follow the same procedure as all other citizens of the member state in which you registered.

Regulatory reference: Art. 41 mouth. 1 and 2 of EU Regulation 2019/945.

As a non-EU resident, is my competence in the "special" category recognized in the EU?

Given that there is not yet mutual recognition between EASA and other countries, in the field of drones, training or qualifications obtained in the country of residence will not be accepted in the EU. Therefore, you will have to undergo the required training before you can fly your drone. In the meantime, other countries may develop regulations that may be recognized by the European Commission as equivalent to those in Europe. Information on future recognition will be published on the EU Commission's website as soon as it is finalized.

What is LUC?

BSP light operator certificate (LUC) is a certificate of organizational approval. Drone operators may ask the national civil aviation authority with which they are registered to conduct an assessment of their organization to demonstrate that they can independently assess the risks of the operation. The requirements that drone operators must demonstrate are set forth in Part C of Regulation (EU) 2019/947. Once the National Civil Aviation Authority is satisfied, it will issue a light unmanned aircraft system (LUC) operator's certificate and assign ratings based on the level of experience. Privileges can allow an organization to authorize operations on its own without seeking authorization.

Entitlements can be one or more of the following:

  • carrying out operations covered by standard scenarios without making a declaration
  • self-issuance of permits for operations conducted by a drone operator and covered by the PDRA without the need to apply for a permit
  • self-authorization of all operations performed by the drone operator without the need to apply for a permit

Who can apply for LUC?

You must be an organization to apply for LUC, but you can subcontract some activities.

Regulatory Reference: UAS.LUC.010.

Do I need to get a permit before flying a drone? (LUC)

This depends on the authority granted by the National Civil Aviation Authority.

Regulatory reference: Article 5 of EU Regulation 2019/947.

How long is the LUC valid?

The validity of the LUC is unlimited, as long as the organization meets the requirements of the LUC. LUC license may be revoked or affiliated.

Regulatory Reference: UASE.LUC.080 EU Regulation 2019/947.

What is the process of applying for an operating permit?

If you intend to carry out operations in a specific category in a country other than the country where you are registered, you must first obtain an operating permit from the competent authority of the country where you are registered. The competent authority will assess the risks, determining whether the proposed mitigation measures and security objectives are appropriate for such operations.

Then apply to the competent authority of the country where the activity is carried out for confirmation of cross-border activities, providing it with evidence of how mitigation measures are being applied in the location and where they are consistent with local conditions.

Regulatory reference Art. 13 of EU Regulation 2019/947

I am a drone manufacturer and I need to test my product in flight to get a class designation. Do I need to apply for a special operating permit?

Not. A drone in the development stage can be considered a "privately built" drone that can fly in the A3 "open" subcategory. In fact, "privately built BSP" means a drone assembled or manufactured for the builder's own use, excluding BSPs assembled from kits of parts marketed as a single kit ready for assembly. In this case, the drone is manufactured/assembled for the manufacturer's use

Drones with a class C0-C6 identification label

Are drones with a class identification label available in the EU?

etykieta identyfikacyjna klasy C0 C6

Drones bearing a class identification label are gradually appearing on the market. However, the presence of a class identification label on a drone does not guarantee its compliance with Regulation (EU) 2019/945 (R945). Compliant drones are expected to appear in the new year.

At the very beginning, few paid attention to the "classification" of drones, but as of January 1, 2024, this situation is set to change. From this point on, any drone operating in European airspace (that is not a toy) will be required to comply with certain standards, as required below.

CategoryClassDetails
Open A1C0
etykieta identyfikacyjna klasy C0
- weight less than 250 g
- maximum speed 19 m/s
- flight altitude limited to 120 m
- design optimized to minimize potential injuries in the event of a third-party collision
- electric drive only
- in the case of activation of the mode of following the BSP, the drone maintains a distance of no more than 50 meters
- detailed instruction manual and specifications included
- a note to inform you of the current restrictions in accordance with Ordinance 2019/947
C1
etykieta identyfikacyjna klasy C1
- weight less than 900 g
- maximum speed 19 m/s
- based on the above subsections restrictions on the impact energy on the human head at maximum speed and load not exceeding 80J
- in the case of activation of the mode of following the BSP, the drone maintains a distance of no more than 50 meters
- a system that allows the pilot to monitor and control the flight ceiling, preventing it from exceeding 120 meters above the launch site or over the area
-
design optimized to minimize potential injuries in the event of a third-party collision
- fAILSAFE function in case of loss of radio communication
- information has been placed on the drone about the noise it generates
- electric drive only
- unique serial number for the drone
- equipped with a system of unambiguous remote identification transmitting in an open transmission protocol
- wy equipped with a spatial awareness system
- a system that informs the pilot about the energy in the battery and warns of low battery levels
- lighting to inspect the BSP
- green strobe for night flights
- detailed instruction manual and specifications included
- a note to inform you of the current restrictions in accordance with Ordinance 2019/947
Open A2C2
etykieta identyfikacyjna klasy C2
- weight less than 4 kg
- a system that allows the pilot to monitor and control the flight ceiling, preventing it from exceeding 120 meters above the launch site or over the area
- design optimized to minimize potential injuries in the event of a third-party collision
- a drone with a low-speed mode that limits its speed relative to the ground to 3 m/s
- fAILSAFE function in case of loss of radio communication
- information has been placed on the drone about the noise it generates
- electric drive only
- unique serial number for the drone
- equipped with a system of unambiguous remote identification transmitting in an open transmission protocol
- wy equipped with a spatial awareness system
- a system that informs the pilot about the energy in the battery and warns of low battery levels
- lighting to inspect the BSP
- green strobe for night flights
- detailed instruction manual and specifications included
- a note to inform you of the current restrictions in accordance with Ordinance 2019/947

Open A3
C3
etykieta identyfikacyjna klasy C3
- weight less than 25 kg
-
dimension of the drone less than 3 m
- a system that allows the pilot to monitor and control the flight ceiling, preventing it from exceeding 120 meters above the launch site or over the area
- design optimized to minimize potential injuries in the event of a third-party collision
- fAILSAFE function in case of loss of radio communication
- information has been placed on the drone about the noise it generates
- electric drive only
- unique serial number for the drone
- equipped with a system of unambiguous remote identification transmitting in an open transmission protocol
- wy equipped with a spatial awareness system
- a system that informs the pilot about the energy in the battery and warns of low battery levels
- lighting to inspect the BSP
- green strobe for night flights
- detailed instruction manual and specifications included
- a note to inform you of the current restrictions in accordance with Ordinance 2019/947
C4
etykieta identyfikacyjna klasy C4
- weight less than 25 kg
- the drone is not capable of automatic flight, except in emergency mode
- detailed operating instructions and specifications included
- a note to inform you of the current restrictions in accordance with Ordinance 2019/947
Specific STS-01C5
etykieta identyfikacyjna klasy C5
Class C5 overlaps with class C3 at the same time:
- emergency mode is required "LAND"
- spatial awareness system is not required
- low speed mode, which limits speed relative to the ground to 5 m/s
- telemetry reporting AGL altitude or takeoff point
Specific STS-02C6
etykieta identyfikacyjna klasy C6
Class C6 overlaps with class C3, while at the same time:
- maximum speed relative to the ground up to 50 m/s
- equipped with GeoFence system - allowing you to set locking maximum altitude and flight distance
- emergency mode is required "LAND"
- has a system that allows programming of the flight path
- a system that informs the pilot about the quality of the radio link and warns of the risk of interruption of the connection
- telemetry provides information about the BSP's current position in space, its speed, and its altitude above ground level (AGL) or launch point
Certified-currently does not exist, more information will appear in 2024

Market surveillance authorities are responsible for ensuring that drones placed on the market in the Union with a class identification label comply with R945. However, as a user, an individual, you will need to take measures to be reasonably sure that you are using a compliant drone.

How the manufacturer should demonstrate compliance with the EU regulation?

Drones are subject to a number of EU harmonization regulations (e.g., Radio Equipment Directive 2014/53/EU, Machinery Directive 2006/42/EC). It is your responsibility to identify all applicable regulations and demonstrate compliance with these regulations using the procedures outlined in each of them.Drones bearing a class identification label are subject to EU regulations set out in Chapter II of Regulation (EU) 2019/945 (R945). Demonstrate the drone's compliance with the requirements of R945 using one of the procedures set forth in Art. 13 R945. The following table outlines the accessibility procedure for each class of drone:

C0
etykieta identyfikacyjna klasy C0
C1
etykieta identyfikacyjna klasy C1
C2
etykieta identyfikacyjna klasy C2
C3
etykieta identyfikacyjna klasy C3
C4
etykieta identyfikacyjna klasy C4
C5
etykieta identyfikacyjna klasy C5
C6
etykieta identyfikacyjna klasy C6
Internal production control (Part 7 R945)X XXX
EU type testing and conformity to type based on internal production control (Part 8 R945)XXXXXXX
Compliance based on full quality assurance (Part 9 R945)XXXXXXX

EU type testing and compliance based on full quality assurance require the intervention of a notified body. The NANDO website contains a list of conformity assessment organizations notified in accordance with R945.

After demonstrating the drone's compliance with all applicable regulations, you should:

  • prepare an EU declaration of conformity in accordance with Part 11 or 12 of R945, referring to Regulation (EU) 2019/945 and other applicable regulations
  • provide a copy of the EU Declaration of Conformity (or a simplified version of it) with the drone, on this copy must bear the serial number of the drone
  • put the CE marking on the drone

These products are subject to the control of national market surveillance authorities responsible for various applicable regulations.

How do I, as an individual, know what is important in an identification label?

Although the market surveillance authorities are responsible for ensuring that drones placed on the market in the Union with a class identification label comply with Regulation (EU) 2019/945 (R945), as a user, an individual, you should take the following measures to be reasonably confident that the drone you intend to use in the open category complies with R945:

  • purchase a drone from a reliable store or online marketplace (in particular, avoid buying a drone online directly from outside Europe, as it may not comply with EU regulations)
  • verify the presence of a valid class identification label in accordance with R945: the logo must have the exact shape specified in the figure below, where "0" is replaced by the class number (e.g., "1"). Any other logo will not constitute a valid class identification label allowing the drone to be used in the open category or under the declaration of.

etykieta identyfikacyjna klasy C0

  • verify the CE marking on the BSP and the presence of the EU declaration of conformity in the package
  • check that the declaration of conformity refers to the R945 and includes the serial number of the drone
  • make sure the drone provides the following features:

C0
etykieta identyfikacyjna klasy C0
C1
etykieta identyfikacyjna klasy C1
C2
etykieta identyfikacyjna klasy C2
C3
etykieta identyfikacyjna klasy C3
C4
etykieta identyfikacyjna klasy C4
C5
etykieta identyfikacyjna klasy C5
C6
etykieta identyfikacyjna klasy C6
Maximum weight less than 250gX
Maximum weight less than 900g X
Maximum weight less than 4 kg X
Maximum weight less than 25 kg XXXX
Low speed mode (< 3 m/s), except for fixed-wing aircraft X
Low speed mode (< 5 m/s), unless tethered X
Indication of noise emissions XXX XX
Direct remote identification function XXX XX
The function of geographical awareness XXX
Low battery warning XXX XX
Flight termination system, unless tethered XX
Function of limiting the flight beyond a given location ( the drone will not fly farther than set) X
Information about the drone's position, speed and altitude XX

What are the obligations of importers and distributors?

The obligations of importers and distributors are set out in Art. 8 and 9 of Regulation (EU) 2019/945 (R945). Sections 3.3 and 3.4 of the blue guide provide additional information. One of these obligations is to ensure that the drone placed on the market bears a class identification label, when required, i.e., when it is intended for use in the open category or as part of a declaration. Accordingly, if it is clear that the target customer group will use a drone in the open category or under a declaration, importers and distributors should ensure that they only make drones with a class identification label available to such a customer group. Drones made available without a class-identifying label must be clearly aimed at customers intending to operate in a specific category.

Do drones with a class identification label have to operate in a specific category?

An operator conducting an operation in a specific category must demonstrate that the drone used complies with the technical requirements specified in the operating permit issued by the competent authority. Technical requirements depend on the risk level of the operation. For lower-risk operations (e.g. SAIL I and II according to SORA), the competent authority may accept a drone with a class identification label.

What can happen to me if I buy a drone with an incorrect class designation?

Only drones that comply with Regulation (EU) 2019/945 (R945) are safe and therefore can be used in the open category (unless the drone was privately built). Using a drone in the open category without a class identification label, or if it is not R945 compliant, can put others at risk and can be enforced by law. To make sure the drone you are using is compliant, follow the measures outlined in the article above.

Summary

Let's put this huge dose of knowledge into your hands so you can understand and comply with the laws and regulations regarding flight, privacy and other BSP activities in 2024. These regulations are designed to maintain security, privacy or protect public interests. The regulations are divided into open and special categories, defining the drone operator, types of drones or specifying when a drone is considered a toy or where it can be flown. It is worth mentioning Class C0-C6 identification labels, which are discussed in depth in the article, and will play a key role in 2024.

We hope that with the help of this article you already know the answers to your questions, of course, if you have any questions we are here to help and encourage you to contact us.

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