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European regulations 2019/947 and 2019/945 set out the framework for the safe flight of civil drones in the European skies. They adopt a risk-based approach, and as such, do not distinguish between leisure or commercial civil drone activities. What they consider is the drone mass, the drone technical specifications and the intended flight.
Regulation (EU) 2019/947 (and its amendments), which is applicable since 31 December 2020 in all European Member States, covers most types of civil drone flights and their level of risk. It defines three categories of drone operations: the ‘open’, the ‘specific’ and the ‘certified’ categories. It gives a framework with detailed provisions for the flight of drones as well as for remote pilots and organizations involved in those flights.
Drone flights in the ‘open’ category shall not be subject to any prior operational authorization, nor to an operational declaration by the drone operator before the flight takes place.
The ‘open’ category addresses the lower-risk drone flight, where safety is ensured provided the drone pilot complies with the relevant requirements for its intended flight. This category is subdivided into three subcategories, namely A1, A2 and A3, established on basis of operational limitations, requirements for the remote pilot and technical requirements for drones. Operational risks in the ‘open’ category are considered low and, therefore, no operational authorization is required before starting a flight.
Not flying into Open category involves flying specific or certified categories. What are specific and certified categories?
Specific: Flights in the ‘specific’ category should cover other types of flights presenting a higher risk and for which a thorough risk assessment should be conducted to indicate which requirements are necessary to keep the flight safe.
Certified: Flights in the ‘certified’ category should, as a principle, be subject to rules on certification of the remote pilot, and the licensing of remote pilots, in addition to the certification of the drone pursuant to Delegated Regulation (EU) 2019/945
For specific and certified categories, remote pilots will need member states authorization. To obtain such permissions, Parrot can provide support by providing templates and information regarding SORA models, PDRA templates, technical drone compliant certificates, ….
The full application of regulation 2019/947 has been postponed to 1st January 2024.
By then, manufacturers and remote pilots can gradually comply with the new EU regulation. During the transition period, a limited open category is implemented.
Depending on technical drone capabilities and class marking compliance, the flying rules for remote pilots will differ.
Those rules apply for all drones flying in the open category (legacy drones, new class marked drones introduced in the market, retrofitted drones, …):
For any other operations (beyond line of sight, above 120m, vehicle tracking, …) that do not respect the items listed above, the specific or certified categories apply. National authorities’ authorizations are requested.
Non-marked ANAFI, ANAFI THERMAL and ANAFI USA models can fly under the open limited subcategory A1 (due to a mass below 500g).
Flying rules:
Remote pilot’s competencies:
Administrative aspect:
Non-marked ANAFI, ANAFI THERMAL and ANAFI USA models can fly under the open subcategory A3.
Flying rules:
Remote pilot’s competencies:
Administrative aspect:
Non-marked ANAFI Ai model can fly in two different open limited subcategories:
Flying rules:
Remote pilot’s competencies:
Administrative aspect:
Flying rules:
Remote pilot’s competencies:
Administrative aspect:
Non-marked ANAFI Ai model can fly under the open subcategory A3.
Flying rules:
Remote pilot’s competencies:
Administrative aspect:
Technically, Parrot is convinced that the ANAFI Ai model meets the requirements set by the European regulation 2019/945. Parrot R&D teams are currently working to have ANAFI Ai class-marked. Class identification labelling for ANAFI Ai will be achieved before the end of the transition period (1st January 2024).
ANAFI Ai bearing a class identification label will be able to fly under the open category.
When ANAFI Ai finalizes the class marking process, Parrot will provide guidance of flying rules, remote pilot’s competencies and administrative aspects expected by the EU regulation.
The European Commission recently finalized a procedure to allow the “marking” a retrofit for drones. The procedure may only be activated by the drone manufacturer.
Either through physical retrofit or through firmware update, Parrot drones could be made compliant with the intended class technical requirements, and thus get the class identification label. Parrot is advocating for both solutions to be allowed, under the strict control and responsibility of the manufacturer.
Drones – National Aviation Authorities
Commission Delegated Regulation (EU) 2019/945
Commission Implementing Regulation (EU) 2019/947
EASA Drones - Safe drone operations - Meet Donnie & Paul
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* The content of the drone regulations below is offered only as public general information. This does not provide legal advice of any kind, and Parrot cannot guarantee that the information is accurate, complete or up-to-date. This should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter.