Which drone scenario should be used from December 2, 2021?

National drone scenario or European drone scenario? This is the question many of you are asking yourselves. Here's the answer: as of December 2, 2021, under European drone regulations, all new drone operators must fly using European scenarios: open categories (A1, A2, A3) or specific categories (STS-1, STS-2). But what about you, professional drone operators already in business? What does the 2021 drone regulation say?

As operators of specific drone activities that existed before December 31, 2021, you will have to choose between:

– Continue to carry out your missions under the national scenarios S1, S2, S3 during the transition period (from 01/01/2021 to 03/12/2023) by derogation from EU 2019/947.
– Or switch to European scenarios (category «Open» and «Specific») in accordance with European drone regulation EU 2019-947 and the space decree of December 3, 2020.

In short, European drone regulations do not allow you to choose.

It is not possible to make a choice based solely on your aircraft (some of which could be class drones) and your missions, as drone scenarios are sometimes European, sometimes national. The concept of class becomes central.

Under European drone regulations, the concept of drone category disappears in favor of the concept of class. Why is this important? French regulations distinguished the rights and responsibilities of the operator based on the aircraft's mass AND the intended use of the drone: recreational, model aircraft, or professional. This aspect was reflected in the concept of drone categories.

European drone regulations distinguish the rights and duties of the operator according to the level of risk of the mission carried out with regard to third parties on the ground and/or manned aircraft flying nearby.

But, for you as a drone operator, what does this mean?

The higher the risk your drone poses to third parties (manned aircraft or people on the ground), the higher its classification must be. In practice, the classification is determined not only by weight but also by safety systems (geosurveillance, flight interruption, etc.) AND the drone's high level of autonomy. Less risk to third parties and property means fewer regulatory constraints.

But then, what does this change in terms of use cases?
The European scenarios in open category (A1, A2, A3) remove the distinction of professional drones of – / + 800g) by harmonizing the regulation of mini-drones (drones of less than 25 kg).

They allow for better management of visual flights (former scenarios S1, S3 on private property and S3 on public domain if you have the appropriate training) by grading the authorizations when flying near third parties (and in particular allowing to fly closer to people in scenario A1).

Currently, the European scenarios in the specific category simply replace the national scenarios (S-1, S-2, S-3) by removing the 8 kg weight restrictions that previously triggered specific authorization requests. However, in the future, these scenarios should allow for a broadening of the uses that were authorized by the national scenarios (S2 or S4).

So, what are the problems?
There are currently no drone classes. Opting for European scenarios now will not allow you to fly in the open category (A1, A2, A3) but in the limited open category (A1 limited, A2 limited, A3 limited).
All the advantages linked to flying near people then become obsolete and impose the same limitations as today (30m for drones under 500g, 50m for drones under 2kg, 150m for drones under 25kg).
The processing of flights under STS-1 and STS-2 scenarios of unclassified drones is subject to the same notification/authorisation regime as for national scenarios.

It is important to note HERE a major change in the definition of two concepts:
The concept of visual flight:
In national regulations, a visual flight is a flight less than 100m away in populated areas and less than 200m away in unpopulated areas from the remote pilot.
In European drone regulations, a flight within visual line of sight (VLOS) is a flight that remains constantly visible to the remote pilot. This criterion therefore depends on the size of the drone and the remote pilot's level of visual acuity (which must also be noted in your flight manual – § Remote Pilot Aptitude).
Thus, the authorized distance (per drone and per remote pilot) must be specified in your MANEX – § CONOPS (concept of operations).

The definition of a low-population-density overflight zone:
In national regulations, the designation of populated area has been set at + 400 inhabitants per km2.
European regulations consider the site's emission capacity and the low population density of the surrounding areas. However, the threshold for this criterion is still under discussion.

Conclusion :
As an existing drone operator, you will have to opt for the European scenarios by December 3, 2023. The only question you need to ask yourself is, when?

According to Drone Geofencing:
Choosing to follow European scenarios now offers no immediate advantage, as there are no drone classes for them. Consequently, adhering to European scenarios with unclassified drones will provide no immediate benefit if you are flying in France.

Some concepts (low population density areas) are still unclear and could impact your liability in the event of an incident. You will need to adapt your MANEX (according to the new framework expected to be officially published in June 2021 by the DGAC) to clarify numerous points, particularly regarding the qualifications of drone pilots and your operating procedures: contingency procedures, emergency procedures, emergency response plan, safety procedures, etc.
The AlphaTango website is not yet operational to process European scenarios, although this should change quickly.