The new Drone Regulation (31.12.2020)

At the turn of the year, new EU regulations for drones will apply. The European Commission adopted a new set of rules for the operation of unmanned aerial vehicles (drones) on 24 May 2019. The rules will apply from 31 December 2020.

These are the main new rules for drone operators:

1. drone operations will be divided into three categories of operation:

"Open"

    Concerns the operation of drones that
        Have a take-off mass of less than 25 kilograms,
        fly within visual range up to a maximum height of 120 metres, and
        do not transport dangerous goods or drop objects.

"Special":

    Concerns the operation of drones whose range of use exceeds the scope of the "open" category, e.g. when operating beyond visual range and/or with a take-off mass of 25 kilograms or more.

"Subject to approval":

    Concerns the operation of large and heavy drones designed, for example, for the transport of persons or dangerous goods.

2. registration obligation

    Operators of "open" category drones weighing 250 grams or more, of "open" category drones weighing less than 250 grams if equipped with a camera or with another sensor capable of collecting personal data, provided that the drone is NOT a toy under the Toys Directive, and of "special" category drones must register themselves.
    The registration number must be visibly displayed on each drone used by a registered operator.
    Owners of drones subject to registration must also register this.

3. the new EU certificate of competence for remote pilots:

    The certificate of competence will already be mandatory from a take-off mass of 250 grams (previously: from a take-off mass of more than 2 kilograms).
    In the subcategories A1 and A3 of the "open" category, this consists of a theoretical online test on the website of the Luftfahrt-Bundesamt (LBA).
        This ensures that the proof of competence becomes mandatory across the board, but is uncomplicated to acquire for simpler types of operation.
    For drone operations in subcategory A2, in addition to the proof of competence, a practical self-study must be completed by the remote pilot and a further theory test must be passed at a body designated by the Luftfahrt-Bundesamt (LBA).

4. Permits and authorisations:

    The operation of certain drones in the operating category "open" is in principle permit-free. These include:
        Drones with a take-off mass of less than 25 kilograms,
        which are in direct visual contact with the remote pilot throughout the flight, and which are operated in accordance with the specifications in subcategories A1, A2 and A3.
        These drones may be operated at a maximum height of 120 metres from 31 December 2020 (previously: maximum 100 metres).
    Drone operations that deviate from these requirements and then take place in the "special" category will require an operating licence or, alternatively, an operating declaration or operator's certificate for light UAS (LUC) in accordance with the new EU regulations.
    The places where drone operations are prohibited in and above will in principle continue to apply until national laws come into force. These include, for example, hospitals, residential properties or nature reserves.

5 Transitional provisions: In order to facilitate the transition to the new regulations for drone operators, some transitional provisions will apply in the coming year.

    For example, licences issued by state aviation authorities and national certificates of knowledge obtained from a recognised body will continue to apply until 1 January 2022 at the latest.
    In addition, the LBA has ordered a four-month suspension of the registration requirement for operators in the "open" and "special" categories if the name and address of the operator continue to be affixed to the drone via a sticker. This ensures that operators have sufficient time to register in the first months of 2021.

Information on these provisions and the new drone regulations will be continuously updated in the LBA's FAQ.

Source: BMVI