The new European drone regulations: what changes from January 1, 2021

In the previous article, we talked about the Drone regulations will change starting in early 2021 Regarding the registration of European drones with the DGAC (French Civil Aviation Authority) on the AlphaTango website. In today's article, we discuss in more detail the operational impacts of the regulatory transition on the activities of drone operators, which will be applicable from January 2021 for all professional drone pilots or drone operators.

The drone regulation changes that will be applicable from January 1, 2021

1. Some operational scenarios are removed, others are modified.. Scenarios S1, S2, and S3 are maintained, but their operational framework is changing: the maximum authorized flight altitude without exemption is reduced from 150 meters to 120 meters (to align with European drone regulations). Scenario S4 (beyond visual line of sight flight with no horizontal distance limit) is eliminated. Any operator using this type of operational scenario for one of their specific activities will transition to an authorization regime starting in early 2021. Normally, the DGAC has already contacted all the drone operators concerned.

2. Registration as a European UAS operator on AlphaTango Registration becomes mandatory for all owners of drones weighing more than 250 grams. From midnight on December 31, 2020, all drone remote pilots must register as European operators of unmanned aircraft (UAS) with the French Civil Aviation Authority (DGAC) on the AlphaTango portal.

3. A whole new range of forms will be made available of the operator by the DGAC on the website of the Ministry of Ecological Transition Effective December 31, 2020, these changes include the use of your new European UAS operator number, which must be displayed on your aircraft. Changes to the RETEX forms are also planned. We will monitor these changes and keep you informed.

4. The MAP (manual of specific activities) is replaced by the MANEX (operating manual). For new operators, a new framework will be available from 01/01/2021. For existing operators, the MAPs are automatically converted into MANEX but the operator will have to carry out an update of this document during the year 2021 (especially when it starts to use the operational scenarios STS-1 and STS-2).

 

The new European drone regulations applicable from January 1, 2021, more details:

Reminder of the objectives pursued by the commission

The European Commission published two European regulations on the safety of unmanned aircraft on Tuesday, June 11, 2019.

This new European drone regulation aims to foster the emergence of a European market for the drone industry by gradually replacing the national regulations developed for each country within the European Union. However, member states have reserved the right to retain certain national provisions regarding safety and combating the malicious use of unmanned aircraft.

European regulations relating to the use of an aircraft without a crew on board must be progressively applied from January 2021.

Reminder of the role of the civil drone council

The practical arrangements for the transition (from European regulation to national decree) are being developed in consultation with the relevant professional and leisure sectors. The DGAC has created a body for this purpose, the civilian drone council, which meets regularly and contributes (through critical review and suggestions) to defining regulations that can be applied from an operational point of view (business feedback from operators and builders).

Status report on the implementation of this work

1. Following the COVID-19 crisis, the DSAC decided to postpone all transition dates by 6 months. Regulation (EU) 2019/947 regarding the rules and procedures applicable to the operation of UAS drones.

2. A significant step was taken for the new drone regulations in Europe on December 3, 2020. Indeed, the national decrees for the European UAS transition were published on December 3, 2020. The decrees published are listed below:

  • Order TREA2017575A relating to’use of airspace by unmanned aircraft. Here is the link to the decree. TREA2017575A on the Légifrance website.
  • Order TREA2025056A relating to’operation of model aircraft within model aircraft associations in accordance with Implementing Regulation (EU) 2019/947. Here is the link to the official page for the TREA2025056A.
  • Order TREA2025058A relating to requirements applicable to remote pilots in the context of operations falling under the "open" category«. Consult the Légifrance page for the decree. TREA2025058A
  • Order TREA2025060A relating to transitional provisions for the recognition of training and qualifications of remote pilots. Visit the Légifrance website for more information about this decree. TREA2025060A to learn more.
  • Order TREA2025061A relating to definition of national standard scenarios and setting out the conditions applicable to unmanned civil aircraft missions excluded from the scope of Regulation (EU) 2018/1139. Visit the official page of TREA2025061A.
  • Order TREA2025063A of December 3, 2020 relating to Requirements applicable to operations conducted on certain tethered aircraft referred to in Annex I to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency. Find all the information on the Légifrance website page for the TREA2025063A.

All these decrees come into effect on December 31, 2020, at the same time as the European drone regulations, and repeal on the same date our two historical decrees on Aircraft and Airspace of December 17, 2015. We will keep you informed of any updates or changes to these official documents.

3. The work and developments are far from complete. The DGAC is still in discussions with the European Commission to clarify several points that will allow it to transpose European regulations (defined to harmonize all national regulations) into national decrees that define the applicable French law (while respecting its own national constraints). Among the many topics still under discussion are: (i) Work on the new European standard scenarios STS-01 and STS-02 (Regulation (EU) 2019/9), the new classes of C5 and C6 type drones (Regulation (EU) 2019/945), the harmonization of the format of aeronautical charts (which will allow a drone to fly easily anywhere in Europe), etc.

 

Please feel free to contact us for further information.

We would like to inform you here that our software for managing specific drone activities GESTADRONE takes into account and will take into account all these regulatory or legislative changes or those to come.