Drone Regulations Explained

Drone Regulations

Taking photos and videos with a drone is a lot of fun and can produce stunning footage, but there are many rules surrounding flying. These rules and laws are there to ensure the safety of bystanders. It is therefore important that you comply with these rules and know them before you start flying. That is why we have listed the most important rules and laws for you in this article.

Since 1 January 2021, European rules for drones have been in force. These rules apply in all countries of the European Union (EU). As a result, the differences in regulations between countries are becoming smaller. Furthermore, there is no longer a distinction between recreational and professional drone flying.

Rules Based on the Flight Operation and the Risk

Drones come in all shapes and sizes. In addition to the well-known quadcopters, there are also hexacopters and octocopters, both with and without cameras. You can use them for different purposes and fly them in different locations. The type of drone you have, the flight operation, and the risk of an accident during the flight determine which rules apply.

Within the European Union, there are 3 categories

Important: The regulations are being harmonised across the EU, but No-Fly Zones still differ from country to country. Therefore, always check carefully in advance where you are and are not allowed to fly. Starting with the No-Fly Zones in the Netherlands.

Open Category

Most ROC-Light pilots fall into the Open Category from 31 December 2020 onwards. This category is divided into 3 subcategories: A1, A2 and A3, depending on the drone and the type of operation. If you want to fly outside the ‘limitations’ of this category, you automatically fall into the Specific Category.

C Marking

From 2023 onwards, all new drones must have a CE label. CE stands for Conformité Européenne and means that the drone complies with European regulations. In addition, it shows which category (A1, A2 or A3) the drone belongs to and which examination you need to take.

Which class (C0, C1, C2, C3 or C4) the drone receives depends on its weight. For older drones that do not yet have a CE label, there is a transitional period of two years ending on 21 July 2022. After that, they must comply with the new regulations.

European Drone Licence

If you want to fly in the Open Category from 2021 onwards, a European-recognised Drone Licence is mandatory. For subcategories A1 and A3, you must complete an (online) drone training course and theory examination. If you want to fly in subcategory A2, an additional theory section and examination are required. You must also submit a declaration confirming that you have completed the practical self-training. Have you passed your examination? Then apply for your European Drone Licence through the RDW.

Drone Training Courses

ROC and ROC-Light Disappear

With the introduction of the new regulations, the ROC licence and ROC-Light exemption disappear and you will need a European-recognised drone licence.

Registering a Drone
As a pilot, you will in most cases need a flight certificate (European Drone Licence). In addition, if you are the owner (operator) of one or more drones with a camera or weighing more than 250 grams, you must register with the RDW. You will then receive a unique operator number. This must be visibly attached to your drone(s). This can be done with a plate or sticker. If possible, it should also be entered into the drone software.

The unique operator number is entered into a European database so that you can fly throughout Europe.

Drone ID
A drone weighing between 250 grams and 25 kilograms (excluding C4-class drones) must in turn have a Drone ID. This system must transmit data about the pilot’s location, the operator number, the drone’s serial number, and the flight altitude together with the speed and flight direction. The idea behind this is that enforcement authorities can identify the drone at all times.

A transitional arrangement also applies here. From 2022 onwards, the new rules enabling the identification and tracking of drones come into force.

More About Drones and Regulations
In this article, we have tried to describe the maze of regulations as concisely and clearly as possible. Do you still have questions after reading or has your question not been answered? Then take a look at the website of the Dutch Government. There you will find all current information.

Why New Legislation for Drones?
The new drone regulations have been developed to bring together the legislation of the EU member states and Iceland, Norway and Liechtenstein. No distinction is made between commercial flights and leisure flights. Instead, the new regulations look at potential risks, the weight of the equipment, vehicle specifications, and the intended use of the vehicle. The drone regulations distinguish between the ‘open category’, ‘specific category’, and the ‘certified category’.

When Do the New Regulations Come into Effect?
The new EU regulations came into effect on 31 December 2020. However, between 31 December 2020 and 1 January 2023, transitional rules exist for drones without a Cx label in the ‘open limited category’. If you want to know more about the transitional arrangements. From 1 January 2022 onwards, obligations apply to member states concerning, among other things, geo-awareness and national authorisations. You can read more about this on the EASA website.

What Is the Difference Between a CE Marking and a Cx Label?
The CE marking is intended to indicate within the European market the extent to which the product complies with the strict requirements regarding safety, health, and environmental protection. The Cx label additionally indicates which types of drones can be flown in which environments.

What Is a Cx Label?
A Cx label is a class identification label used by the European Commission and the European Union Aviation Safety Agency (EASA) for drones. The label is part of the European drone regulations that have been enforced since 31 December 2020.

Which Category Does My Drone Fall Under?
Most consumer products fall under the ‘open category’. Within this category, a Cx label is mandatory. The different classes are divided as follows: A1 (class C0 and C1) – flying over people is permitted, but not over gatherings of people – A2 (class C0, C1 and C2) – flying close to people is permitted – A3 (class C0, C1, C2, C3 and C4) – it is mandatory to fly far away from people. Want to know more? Then visit the EASA website.

My Drone Does Not Have a Cx Label. Am I Still Allowed to Fly It?
There is a transitional period for drones that do not have a class identification label. You can read more about this in Article 22 of EU Regulation 2019/947. Until 31 December 2022, certain restrictions apply to the ‘open limited category’. It is therefore important that you know which category your drone and flight fall under so that you can comply with the correct rules and regulations. Does your drone still not have a Cx label after 31 December 2022? Then it may be used in the Open Category within subcategory A3. You must keep your drone far away from people unless the drone weighs less than 250 grams. More information can be found on the EASA website.

Does My Drone Need a Cx Label for Commercial Use?
Under the new regulations, within the ‘open category’ there is no longer any distinction between private use and commercial use. For flying existing drones that do not have a Cx label and for which a Special Certificate of Airworthiness (s-BvL) was previously issued, the rules of the ‘specific category’ apply.

My Drone Was Purchased Before the New Regulations Came into Effect. Can It Still Receive a Cx Label?
The answer to this question is no. It is not possible to assign a Cx label retrospectively to an existing drone. New drones do have a Cx label. Existing drones fall under the transitional rules that are valid until 1 January 2023. After that, your existing drone automatically falls under category A3 if your drone weighs 250 grams or more.

Which Cx Label Does My DJI Drone Have?
At the moment, all DJI drones can be used in the ‘open limited category’. However, certain restrictions apply until 31 December 2022 and beyond. View the overview of all DJI products in this category. DJI works together with an inspection body that has been confirmed as a ‘notified body’ for Cx labelling.

Will All DJI Drones Receive an Identification Label?
New DJI drones will be provided with an identification label. For existing drones without a label, DJI is currently still conducting research. It is not possible to assign labels retrospectively to existing drones. However, DJI is investigating the possibilities of updating existing models and thereby making certification possible. After new standards have been confirmed by the authorities, DJI will publish on its own website which products can be provided with an identification label.