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FAQ Drones (UAS) - EASA

The document discusses various definitions and requirements related to drone regulations. It defines key terms like drone operator, unmanned aircraft, autonomous vs automatic drones, uninvolved persons, and assembly of people. It also explains the differences between the open and specific categories for drone operation and summarizes applicability dates for the EU regulations.

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0% found this document useful (0 votes)
81 views

FAQ Drones (UAS) - EASA

The document discusses various definitions and requirements related to drone regulations. It defines key terms like drone operator, unmanned aircraft, autonomous vs automatic drones, uninvolved persons, and assembly of people. It also explains the differences between the open and specific categories for drone operation and summarizes applicability dates for the EU regulations.

Uploaded by

Nacho
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 34

Provisions applicable to both ‘open’ and ’specific’ category

Regulations on UAS (drone) explained

Registration requirements

I fly model aircraft

Once in the air

Other requirements

Open category
Understanding the ‘open’ category

Requirements under the ‘open’ category

Training requirements in the 'open' category

Operational authorisation requirements ‘open’ category

Responsibilities for drone operators and remote pilots in the ‘open’ category

Drones without class identification label ’open’ category

I am into drone racing and/or flying drones with goggles (FPV) ‘open’ category

I build my own drones (privately built) ‘open’ category

I plan to provide services (commercial and other) with drones ‘open’ category

I am a non-EU visitor / drone operator ‘open’ category


Provisions applicable to both ‘open’ and
’specific’ category

Regulations on UAS (drone) explained

What is covered by the regulations?

These EU Regulations adopt a risk-based approach, and as such, do not distinguish between
leisure or commercial activities. They take into account the weight and specifications of the
drone and the operation it is intended to undertake.

The Regulations cater for drones sold on the market, meaning:

1. when operating in the ’open’ category:

i. those that will bear a class identification label (according to Regulation (EU) 2019/945)
ranging from 0 to 6 from lighter to heavier models; or
ii. those privately built; or
iii. those placed on the market before 1 July 2022.
     2. when operating in the ’specific’ category, all drones falling under this category including
those without a  class identification label.

EU Regulation 2019/947 caters for most types of operation and their levels of risk. It does so
through three categories of operations: the ‘open’, ‘specific’ and ‘certified’ categories. 

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What are the applicability dates under EU regulation 2019/947 and 2019/945?
Due to the COVID-19 crisis, the applicability date of EU Regulation 2019/947 has been
delayed from 1 July 2020 to 31 December 2020, meaning:

as of 31 December 2020, registration of drone operators and certified drones becomes


mandatory;
as of 31 December 2020, operations in the ‘specific’ category may be conducted after
authorisation has been given by the National Aviation Authority;
between 31 December 2020 and 1 January 2023, drone users operating drones without
 class identification label can continue to operate in the limited category under Article 22
of EU Regulation 2019/947 (see FAQ #x for additional information);
as of January 2022, national authorisations, certificates, and declarations must be fully
converted to the new EU System;
from 1 January 2022, EASA Member States must make available information on
geographical zones for geo-awareness in a digital format harmonised between the 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.

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Who is a drone operator
A drone operator is any person, whether natural or an
organisation, who owns the drone(s) or rents the drone. You can
be both a drone operator and a remote pilot if you are also the
person who actually flies the drone. However, you could be the
remote pilot without being a drone operator, if, for example, you
are a pilot working for a company which provides services with
drones. In that case, the company is the drone operator and you
are the remote pilot.

If you bought a drone to fly it in your leisure time, you are both the drone operator and
remote pilot.

If you bought a drone to give away as a gift, the person who will receive the gift and then fly
the drone will be the drone operator and the remote pilot.

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Types of drone the Regulation refers to


‘Unmanned Aircraft’ means any aircraft operating or designed to operate autonomously or to
be piloted remotely without a pilot on board;
This definition includes all types of aircraft without a pilot on board, including radio-controlled
flying models (powered fixed wing, helicopters, gliders) whether they have an on-board
camera or not.

The Regulations use the term UAS, unmanned aircraft system, to refer to a drone, its system
and all the other equipment used to control and operate it, such as the command unit, the
possible catapult to launch it and others.

RPAS (Remotely Piloted Aircraft Systems) is a subcategory of UAS, which includes both RPAS
and fully autonomous UAS. Fully autonomous UAS fly completely by themselves without the
need for any pilot intervention.

Regulatory reference: paragraph 30 of Article 3 of Regulation (EU) 1139/2018 / Article 2(1) of


EU regulation 2019/947 and article 3(3) of EU regulation 2019/945

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When is a drone considered to be a toy?


A drone is considered as a toy when it could be attractive to a child. More precisely, products
designed or intended whether or not exclusively, for use in play by children under 14 years
of age should be considered as a toy and comply with the Directive 2009/48/EC on the safety
of toys. The compliance of a drone with that directive is declared in the corresponding EU
declaration of conformity. In case of doubts, the fact that a product should be considered as a
toy is assessed by market surveillance authorities based on a number of characteristics
related to the attractiveness of the product for kids, accessibility, etc.
However, manufacturers may clearly exclude their product from the application of the
Directive on the safety of toys (when a confusion is possible) by indicating clearly a minimum
age > 13 years on their product (packaging, manual etc.) (e.g; “not for use under 14 years”).

Regulatory reference: Article 2 of Directive 2009/48/EC of the European Parliament and of


the Council of 18 June 2009 on the safety of toys.  

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What is the difference between autonomous and automatic drone?


An autonomous drone is able to conduct a safe flight without the intervention of a pilot. It
does so with the help of artificial intelligence, enabling it to cope with all kinds of unforeseen
and unpredictable emergency situations.   This is different from automatic operations,
where the drone flies pre-determined routes defined by the drone operator before starting
the flight. For this type of drone, it is essential for the remote pilot to take control of the
drone to intervene in unforeseen events for which the drone has not been
programmed.   While automatic drones are allowed in all categories, autonomousdrones
are not allowed in the ’open’ category.

Autonomous drones need a level of verification of compliance with the technical


requirements that is not compatible with the system put in place for the ’open’ category.
Autonomous operations are, instead, allowed in the ’specific’ category, where the Regulation
includes a tool flexible enough to verify requirements with the appropriate level of
robustness. 

Autonomous operations are also allowed in the ’certified’ category.

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Who is an ‘uninvolved person’?
‘An uninvolved person is a person who is not participating in the UAS operation or who is not
aware of the instructions and safety precautions given by the UAS (drone) operator’. 

A person is considered involved if he/shedecides to be a part of the operation, understands


the risk and is able to check the position of the drone while it is flying. 

Therefore, in order to be considered ‘involved’ in the operation, a person needs to:

give consent to be a part of the operation (e.g. consent to be overflown by the drone);
the consent needs to be explicit; 
receive from the drone operator/remote pilot instructions and safety precautions to be
applied in case of an emergency situation; and
not be busy with any other activities that would make the person unable to check the
position of the drone and, in case of an incident, take action to avoid being hit. 

Writing on a ticket that a drone will be used during an event is not considered sufficient, since
the drone operator needs to receive individual explicit consent and make sure people
understand the risk and the procedures to be taken in case of an emergency.

During the operation, it is expected that involved persons will follow the trajectory of the
drone and be ready to take action to protect themselves in case the drone behaves
unexpectedly. If, during the UAS operation, people are busy working or watching something
that is not compatible with monitoring the trajectory of the drone, than they cannot be
considered to be involved.

Examples of uninvolved people: 

spectators gathered for sport activities, concerts or other mass events;


people in a beach or in a park, or walking on the streets.
An uninvolved person is not only a person who is directly exposed to a drone, but could also
be a person who is in a bus, car, etc., and who is indirectly exposed. For example, if a drone is
flying over a car, its driver should be considered to be an ‘uninvolved person’. The reason is
that a drone flying close to a car (even if it does not impact it) could possibly distract its driver
and therefore cause a car accident.

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

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What is an ‘assembly of people’?


An assembly of people is a crowd of people. It is not defined by a specific number of people,
but is related to the possibility for an individual to move around in order to avoid the
consequences of a drone which is out of control. If a group of people are so densely packed
that their possibility to freely escape or move away from the drone is limited, then it is
considered to be an assembly of people. 

Examples of assemblies of people are the people in: 

sport, cultural, religious or political events;


beaches or parks on a sunny day;
commercial streets during the opening hours of the shops; or
ski resorts/tracks/lanes.  

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

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Registration requirements

Do I need to register my drone?


Unless they are certified, drones do not need to be registered, but you, as drone
operator/owner, must register yourself. You do so with the National Aviation Authority of
the EU country you residence in. (https://www.easa.europa.eu/domains/civil-drones/naa)

You register once, independently of how many drones you have operating in the ’open’ or
the ’specific’ category. Your registration will be valid for a period defined by your National
Aviation Authority, after which you need to renew it.

However, you do not need to register yourselfif your drone(s):

1. weighs less than 250g and has no camera or other sensor able to detect personal data; or
2. even with a camera or other sensor, weighs less than 250g, but is a toy (this means that
its documentation shows that it complies with ‘toy’ Directive 2009/48/EC); 

A drone is certified when it has a certificate of airworthiness (or a restricted certificate of


airworthiness) issued by the National Aviation Authority. In this case, it requires a
registration. A certified drone is needed only when the risk of the operation requires it. So
certification is never needed for drones operated in the ’open’ category.

Relevant regulation: article 21 of EU regulation 2019/947. 

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What happens once I register?


Once registered, you receive a ‘drone operator registration number’ that needs to
be displayed with a sticker on all the drones you own, including those privately built. You
must also, upload it into the ‘Drone’s remote identification system’.

Regulatory reference:  article 14 EU regulation 2019/947. 

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Will my registration as drone operator be recognised throughout Europe?


Yes, you as drone operator, will receive a unique registration number and this will be valid in
all other EASA member State. You cannot register twice.

Regulatory reference: article 14 of EU regulation 2019/947. 

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I fly model aircraft

How can I fly my model?


Model flyers have the following options to conduct their operations: 

 (a) (a)    They may operate as members of a model club or association that has received from
the competent authority an authorisation, as defined in Article 16 of the UAS Regulation. In
this case, they should comply with the procedures of the model club or association in
accordance with the authorisation. The authorisation will define all the conditions to operate,
and may deviate from the Regulation (for example it may allow operations with drones
exceeding 25 kg, or flying higher than 120 m etc). Member States may enable model aircraft
clubs and associations to register their members in the registration systems established in
accordance with Article 14 on their behalf. If this is not the case, the members of model
aircraft clubs and associations shall register themselves in accordance with Article 14.

(b) (b)    If a person does not want to become a member of a club or association, they may use
the special geographical zones defined by EASA Member States, in accordance with Article
15(2) of the UAS Regulation, where drones and model aircraft are exempted from certain
technical requirements, and/or where the operational limitations are extended, including the
mass or height limitations.  

(c) Lastly, models may be operated in subcategory A3. Please refer to the FAQ 

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

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Once in the air

Can I fly my drone anywhere I want to?


Each EASA Member State
will determine drone
geographical zones, which
are areas where drones
may not fly (e.g. national
parks, city centres or near
airports) or may fly only
under certain conditions,
or where they need a flight
authorisation. Therefore, it is important for you to consult your National Aviation Authority to
check where you can and cannot fly your drone. 

These geographical zones apply to all categories.

In addition, you are not allowed to fly a drone close to or inside an area where there is an
ongoing emergency response.

See the links to National Aviation Authorities at: 

https://www.easa.europa.eu/domains/civil-drones/naa

Regulatory reference:  Article 15 and UAS.OPEN.060 (4) of EU regulation 2019/947. 

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Can I fly over people?


Generally when you operate in the ‘open’ category, you are not allowed to fly over
uninvolved people, unless you have a privately built drone with a weight below 250 g or a
drone purchased on the market with a  class identification label0 or 1 mark. In any case, try to
minimise the time during which you fly over people.

If you have a drone with a CE class 2 mark, under subcategory A2, as a general rule, keep the
UA at a lateral distance from any uninvolved person that is not less than the height at which
the drone is flying (this is the ‘1:1 rule’, i.e. if the UA is flying at a height of 40 m, the distance
from any uninvolved person should be at least 40 m), and never fly closer than 30 metres
horizontally from any uninvolved person. If your drone is equipped with a low-speed mode
function and this is active, you can fly as close as 5 metres from uninvolved people.   
Distance from uninvolved people in the case of flying with a class C2 drone

In all other cases (drones with  class identification label3, 4, 5 or 6 marks or privately built and
heavier than 250 g), you need to ensure that no uninvolved people are present within the
range of the operation.  

Regulatory reference: article 4 (1) (c) and UAS.OPEN.040 of EU regulation 2019/947.

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How high can I fly my drone?


Your maximum flight height is generally 120 m from the earth’s surface. Please check
whether the National Aviation Authority imposes a geographical zone with a lower limit in the
area where you fly. If you need to fly over an obstacle taller than 120 m, you are allowed to
fly up to 15 metres above the height of the obstacle, but only if there is an explicit request
from the owner of the obstacle (e.g. a contract with the owner to perform an inspection). In
such a case, you may fly within a horizontal distance of 50 metres from the obstacle. 

When you are operating in hilly environments, the height of the drone above the surface of
the earth should be within the grey zone in the picture below: you need to keep the drone
within 120 m of the closest point of the terrain. This means that there may be conditions
such as on top of a hill where even if you keep your drone 120 m from the side of the hill, you
are actually flying at a distance higher than 120 m above the bottom of the valley. So as long
as you keep your drone within 120 m of the shoulder of the hill (as in the grey area in the
picture below), your flight is legal.

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

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Other requirements

Is there a minimum age to fly a drone?


The minimum age for remote pilots of drones in the ‘open’ and ’specific’ categories is 16
years old, however, check with your local National Aviation Authority, as they can lower the
minimum age requirement.
However, there is no minimum age for flying a drone with a CE class 0 mark under
subcategory A1.

Regulatory reference: Article 9 EU regulation 2019/947.

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Do I need insurance?
You, as drone operator, are always required to have an insurance for your drone if you are
using a drone with a weight above 20kg. However most of EASA Member States mandate a
third party insurance also if you are operating a lighter drone. So please consult the national
regulation.  

Regulatory reference: Article 14 (2) (d) of EU regulation 2019/947.

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Open category

Understanding the ‘open’ category

How do I determine I fall under the ‘open’ category?


A drone can be operated in the “Open “category when it:

bears one of the  class identification labels 0, 1, 2, 3 or 4; or


is privately built and its weight is less than 25 kg; or
it is purchased before 1 January 2023, with no  class identification label as above;
will not be operated directly over people, unless it bears a  class identification label or is
lighter than 250 g. (Please refer to subcategories of operations: A1, A2 and A3 to find out
where you can fly with your drone);
will be maintained in visual line of sight (VLOS) or the remote pilot will be assisted by a UA
observer;
is flown at a height of no more than 120 metres;
will not carry any dangerous goods and will not drop any material.  

Regulatory reference: Article 4 and article 20 of EU Regulation 2019/947; Annex part A and
Article 5(1) of EU Regulation 2019/947, Part1 to 5 Annex of EU regulation 2019/945. 

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I fall under the ‘open’ category, how do I determine which subcategory I can fly

under?
The Subcategory is determined either by:

the label showing the  class identification label (0, 1, 2, 3 or 4), affixed to your drone; or
the weight of your drone, for a privately built drone or for a drone without  class
identification label (called legacy drones); 

Caveat: in order to facilitate the transition, drones without class identification labels may fly
until 1st of January 2023 according to the requirements defined in article 22 of EU regulation
2019/947 (please refer to  FAQ  on flying without CE Class Markings for additional
information). 

Applying the instructions above, please refer to the table below to determine the
subcategory you must fly under. For instance, drones with CE class 2 marks  canmarks can be
only be flown under subcategory A2 (close to people) or A3 (far from people).  
Please consider that your state may publish geographical zones that may restrict the use of
your drone.

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Requirements under the ‘open’ category

What are the requirements under the subcategories of the ‘open’ category?
According to the class identification label of the drone or the weight, in the case of privately
built drones, they can be operated in different conditions as described below:
Drones bearing a CE class 0 mark or that are privately built and weigh up to 250 g can fly in
subcategory A1, which means almost everywhere, except over assemblies of people, or
areas that the state has forbidden by imposing a restriction on the flight of drones (please
consult the website of your National Aviation Authority.
See https://www.easa.europa.eu/domains/civil-drones/naa ).

Drones bearing a class identification label  1 can also be operated in subcategory A1 with the
difference that you are required to minimise flying over uninvolved people.
Drones bearing a class identification label 2  can be operated in subcategory A2, which means
in urban environments, however, you are required to keep a safe distance from any
uninvolved people. As a rule, this minimum distance should be equal to the height at which
the drone is flying (e.g. if you are flying at a height of 30 m, make sure that the closest
uninvolved person is at least 30 m from the position where the drone would vertically fall in
the event of an incident). In any case, this distance must never be less than 5 m. In addition,
you can also fly in the conditions defined for subcategory A3. Finally, you must avoid flying in
areas that the state has forbidden by imposing a restriction on the flight of drones. 

(Please consult the website of your National Aviation Authority for additional information. 

See https://www.easa.europa.eu/domains/civil-drones/naa).
Drones bearing a class identification label 3 or 4 , or that are privately built and weigh up to 25
kg, can be operated in subcategory A3. That means that they can never be operated in urban
environments that you need to keep the drone at least 150 m from residential, commercial
or industrial areas, and to only operate in areas where no uninvolved people are present in
the range where the drone can be operated. In any case, you must avoid flying in areas that
the state has forbidden by imposing a restriction on the flight of drones (please consult the
website of your National Aviation Authority for additional information,
see https://www.easa.europa.eu/domains/civil-drones/naa)
For the full image of requirements and limitations applicable to different classes of drones
and conducted operations, please refer to the table below:
* The minimum age can be lowered by the state to 12, in which case, this new threshold will
be valid only in that state.

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Training requirements in the 'open' category 

Are all remote pilots required to train to fly a drone?


Yes, in general, you need to have training that is proportionate to the category of drone you
are going to operate.

Training is not required only if you are using very light drones:

 a. if the drone bears a CE class mark 0, you only must be familiar with the manufacturer’s
instructions; or  b. with privately built drones with a weight less than 250g, you are not
required to undergo any training.

However, all other remote pilots must undergo the required training. 

This means that, in the ‘open’ category, all remote pilots flying in subcategories A1, A2 and
A3 are required to:

1. be familiar with the manufacturer’s manual;


2. complete an online training course provided by the National Aviation Authority (please
consult their website); and
3. successfully complete an online theoretical knowledge examination (provided at the end
of the online training) before they can fly the drone. 

The test consists of 40 multiple choice questions testing your knowledge as a pilot.

Once completed the national National Aviation


Authority will issue a certificate of completion of
the online training. It enables you to fly in
the in A1 and A3 subcategories. 

Regulatory reference: Annex part A


(DRONE.OPEN.020) of EU regulation 2019/947. 

However, if you intend to operate in A2 subcategory, you must in addition to the above:
1. Complete practical training of yourself in order to familiarise yourself with the drone and
ensure you reach a good level of control. This must be conducted in an area where you
do not pose a risk to other people; and
2. Undergo an additional theoretical knowledge examination that will be provided in a
facility identified by the National Aviation Authority;

The test consists of 30 multiple choice questions testing the pilot’s knowledge on mitigation
of ground risks, meteorology and the drone’s flight performance.  

On completion, the National Aviation Authority issues a ‘certificate of remote pilot


competency’. With this certificate, you can fly in the A2 subcategory.  

Regulatory reference: UAS.OPEN.030 Annex Part A of EU regulation 2019/947.

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Who issues the remote pilot competency certificate for the 'open' category and

how long is it valid for?


For the ‘open’ category or standard scenarios, the National Aviation Authority is responsible
for issuing the certificates. A certificate for Remote Pilot competency is valid for 5 years. If
the revalidation is conducted before the certificate expires, the remote pilot may attend a
seminar provided by the National Aviation Authority or by an entity recognised by it,
otherwise competencies need to be re-demonstrated.

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

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Will the competency certificate for the 'open' category be recognised throughout

Europe?
Yes, training conducted in one EASA member state will be recognised in all others. 

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Operational authorisation requirements ‘open’ category

Do I need to obtain an authorisation before flying my drone? ('open' category)


No prior authorisation is needed for operations in the 'open' category. 

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Responsibilities for drone operators and remote pilots in


the ‘open’ category

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


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

ensure that the drone displays the drone operator registration number (e.g. with a
sticker) and the same number is uploaded into the remote identification;
develop operational procedures (written procedures are required when the drone
operator employs more than one remote pilot, otherwise it is enough that the remote
pilot follows the procedures defined by the manufacturer in the user’s manual); 
ensure that there is no radio interference that may affect the command and control link
of the drone;
designate a remote pilot for each operation; it is important that it is clear who is the
person responsible for each flight;
ensure that the remote pilot and the personnel supporting the operation of the drone
are familiar with the user’s manual and with the drone operator’s procedures, have
appropriate competency, and are provided with the relevant information concerning any
geographical zones published by the MS;
ensure that the maps in the geo-awareness system of the drone are up to date, unless
you are flying in a geographical zone where geo-awareness is not required; 
ensure that, unless you are using a privately built drone, it has a declaration in conformity
to the CE class mark and its class label (0 to 4) is affixed to the aircraft; and
ensure that the persons involved in the operation of the drone is aware of the risks
involved in operations under subcategories A2 and A3.

Regulatory reference: UAS.OPEN.050 under Annex 1 and art.19 (2)

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


As a remote pilot you must: 

Before the flight:

complete the training and examination required for the type of operation you will be
involved in;
have relevant up-to-date information about any geographical zones published by the
National Aviation Authority;
check for obstacles and the presence of people not involved in the operation of the
drone (unless operating in the A1 subcategory with a privately built drone or a drone with
a CE class 0 mark;
check that the drone is fit for flight and the operation it will undertake;
check that the remote control works properly (if applicable); and
ensure that the weight of the drone is within the limit of the category or subcategory of
the intended operation.

During the flight in the ’open’ category, you must:

not operate the drone when you are unfit either due to the consumption of
psychoactive/ hallucinogenic substances or alcohol, or unfit due to sickness;
keep the drone at a distance such that you can clearly see it; you may use a UA observer
to scan the airspace when you want to fly in first person view. UA observers must be
located alongside you such that they can immediately communicate in case they see an
obstacle and give you instructions such as to immediately land the drone.
if you or the UA observer see a manned aircraft, give way to it, and make sure you are far
away from it. If you have any doubt about the operation, you should land the drone
immediately. 
comply with the limitation of the geographical zones;
operate the drone according to the manufacturer’s user manual;
comply with the operator’s procedure; and
do not operate where an emergency response service is ongoing (e.g. in the case of an
accident, keep away from that location since an emergency helicopter may be required
to be used); 

Regulatory reference: UAS.OPEN.060 under Annex part A EU regulation 2019/947.

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Drones without class identification label ’open’ category 

I fall under the 'open' category will I be able to fly my old drone after 31 December

2020 ?
Yes, from 31 December 2020 to 1 January 2023, you may fly your drone without class
Identification label in the ’open’ category under the following conditions:

drones with less than 500 g MTOM cannot fly over people, and pilot competency is
determined by your National Aviation Authority;
drones with less than 2 kg MTOM can fly 50 metres or more (horizontally) from people
and the pilot must undergo training equivalent to subcategory A2 (see the FAQ section on
training);
drones with less than 25 kg MTOM, can fly in areas free from people, 150 metres or
more away from properties, and the pilot must undergo training equivalent to
subcategory A3 (see the FAQ section on training).

After 1 January 2023, you can still fly your drone without class identification labels, however,
only under the following subcategories of operation, for which you have to fully comply with:

Subcategory A1 when the drone’s maximum take-off weight (MTOM)  is less than 250 g;
or 
Subcategory A3 when the drone’s maximum take-off weight is less than 25 kg. 

You will not need to apply any retrofit/stickerto the drone in subcategories A1 or A3.  
Regulatory reference: Article 20 and Annex part A of EU regulation 2019/947 and EU
regulation 2019/945.

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Under the 'open' category do I still need training, given that I was flying drones

before the rules became applicable?


Any certificates of remote pilots’ competency issued by national authorities will remain valid
until 1 January 2022, after which your National Aviation Authority will have to convert your
national certificate(s) to new one(s) that comply with this Regulation. 

Whether or not you have to undergo more training after that date will depend on the
conversion process that your National Aviation Authority decides to put in place.
As of 31 December 2020, if you do not have a national certificate for your remote pilot
competency, you will have to undergo the required competency training as required for the
‘open’ category. 

Regulatory reference: Article 21 and Annex part A (UAS.OPEN.020) and (UAS.OPEN.040) of


EU regulation 2019/947. 

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I am into drone racing and/or flying drones with goggles


(FPV) ‘open’ category

As a drone racer, which category and subcategory of operation do I fall under?


Normally drone races are organised by clubs and associations. In such cases, they may have
received operational authorisations from their National Aviation Authorities in accordance
with Article 16 of Regulation (EU) 2019/947, which also covers the organisation of such
events.

If, instead, you want to conduct a race that is not within a club or association and with no
spectators (in this context meaning uninvolved persons, see the definition above) present,
you will fall under the ‘open’ category and you can operate under subcategory A3.

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Is flying with goggles (first person view) authorised in the 'open' category?
The Regulation allows you to fly without keeping direct eye contact with the drone, provided
you have a person next to you, a UA observer, keeping direct visual contact with the drone,
scanning the airspace to make sure that you do not endanger other parties (e.g. aircraft or
buildings or persons). The UA observer must be located alongside you so they can
immediately communicate with you in case they see an obstacle, and give you instructions,
such as to immediately land the drone.

Regulatory reference: Article 4(d) of EU regulation 2019/947.

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Are spectators allowed in the 'open' category?


When operating in the ‘open’ category, flying over uninvolved people is not allowed, so
there must not be any spectators. See also the explanation on uninvolved persons
under ‘understanding EU Regulations 2019/947 and 2019/945‘. 

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I build my own drones (privately built) ‘open’ category 

Does my drone fall under the 'open' category?


Yes, privately built drones can be used, and depending on their weight, operated in the ’open’
category or the ’specific’ category. You, as the drone operator, need to fulfil all the
requirements of the Regulation, and in the ’open’ category, you can only operate under
subcategory:
A1 when the drone’s maximum take-off weight (MTOM) including its payload is less than
250 g and you fly it at a speed of less than 19 m/s; or in
A3 when the drone’s MTOM including its payload is less than 25 kg.  

Regulatory reference: UAS.OPEN.020 (5) (a) and UASOPEAN.040 (4)(a)  Annex part A of EU
regulation 2019/947.

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I plan to provide services (commercial and other) with


drones ‘open’ category 

How do I determine which category I can operate under, ‘open’ or ’specific’?


You can operate your services whether commercial or not, under the 'open' category, if you
meet all the requirements defined for the 'open' category.

See Question on subcategory under “understanding EU regulation 2019/947 and 2019/945”.

Regulatory reference: Article 4 of EU Regulation 2019/947; Annex part A and Article 5(1) of
EU Regulation 2019/947.

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What is meant by the requirement for Operational procedures?


The drone operator should develop procedures adapted to the type of operations and to the
risks involved. Therefore, written procedures should not be necessary if the drone
operator is also the remote pilot, or employs just one remote pilot. In this case the
remote pilot may use the procedures defined by the manufacturer's manual. 

If a drone operator employs more than one remote pilot, the drone operator should: 

 (a) develop procedures for drone operations in order to coordinate the activities between its
employees; and   (b) establish and maintain a list of their personnel and their assigned
duties. 

Regulatory reference: UAS.OPEN.50 under annex part A 2019/947.

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I am a non-EU visitor / drone operator ‘open’ category 

I am a Non-EU resident visiting Europe and I plan to fly my drone in the 'open'

category, do I need to register?


All drone operations conducted in the EASA Member States must comply with the Drone
Regulation,  no matter what the nationality of the operator or remote pilot is. Therefore, as a
non-EU resident, you are also required to register with the National Aviation Authority of the
first EU country where you intend to operate.

You will then be issued with a ‘drone operator registration number’ that needs to
be displayed with a sticker on all the drones you own. You must also upload it
into the ‘remote identification system’ of your drone(s). 

Once registered in the host country, the drone operator’s registration will be valid across
Europe and the operator will be required to follow all the provisions of the Drone Regulation.
If you intend to operate in the ’specific’ category, you must submit a declaration for a
standard scenario or apply for an operational authorisation to the National Aviation Authority
of the EU Member State(s) where you registered. 

If you want to conduct operations in a Member State different from the one in which you
registered, you need to follow the same procedure as all other national citizens of the
Member State where you registered. Refer to question ‘I plan to provide services
(commercial and other) with drone(s)‘.

Regulatory reference: Art.41 (1) and (2) of EU regulation 2019/945.  

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As a non-EU resident, are my competencies for the 'open' category recognised in

the EU?
Given that there is not yet any mutual recognition established between EASA and other
countries, in the domain of drones, the training or qualification obtained in your 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 nations may develop
regulations that may be considered by the EU commission as equivalent to those in Europe.
Information on future recognition will be published on the EU Commission website as soon as
it is finalised.

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