The Open Category

EU Regulation (Regulation (EU) 2019/945) provides for a new standard of unmanned aircraft design and manufacturing. Unmanned aircraft designed and manufactured to the new standard will have a ‘Conformité Européenne’ (CE) stamp affixed to them. The Open category allows for five (5) CE marked drone classes, namely Class C0 – C4. Depending on the C marking of unmanned aircraft used, remote pilots may fly in the different subcategories; Open A1 (C0 & C1), Open A2 (C2) or Open A3 (C3 & C4).  Currently, no C Marked unmanned aircraft are available on the market. 

Unmanned aircraft available today and which are not designed to Regulation (EU) 2019/945 requirements, and so have no CE class markings, are referred to as ‘legacy’ unmanned aircraft. These are the DJI, Yuneec, Autel, Walkera and other unmanned aircraft remote pilots currently utilise. Articles 4, 20 and 22 of Regulation (EU) 2019/947 outline how 'legacy' aircraft may operate in the Open category. These articles place much greater flight restrictions on 'legacy' unmanned aircraft when compared to operating C marked aircraft in the Open category.

Depending on the C marking/‘Legacy’ unmanned aircraft a remote pilot is flying, and the level of competency they have achieved, they may fly within the limitation of one of the three (3) sub-categories the Open category provides for. The three sub-categories are referred to as Open A1, Open A2 and Open A3. The separate categories identify the minimum horizontal distance an unmanned aircraft may be flown from 'uninvolved persons' and the remote pilot competency required. UAS operators and remote pilots should note that ‘legacy’ unmanned aircraft with a max take-off weight (MTOW) of 250g or greater are restricted to the Open A3 sub-category after 01 Jan 2024. 

See the following tables below for more specific information on the sub-categories as they apply to 'legacy' drones (Image 1) and C Marked drones (Image 2). 

The EU UAS regulation requires that almost every remote pilot, recreational and commercial, receive some form of training. This requirement is in response to the continued occurrence of remote pilots flying beyond regulatory requirements due to a lack of understanding of the rules. By requiring a minimum ‘foundation’ training standard, it is hoped to improve awareness and prevent some of this illegal flying.

Registration has been a feature of unmanned aviation in Ireland since 2015. However, the registration process under EU regulation is significantly different and so Irish UAS operators will need to re-register under the new system. 

Under EU regulation, the UAS operator is required to register. A UAS Operator is "any legal or natural person operating or intending to operate one or more UAS". Essentially, if any natural person or legal business operates an unmanned aircraft the law considers them an UAS operator and they must register their operations with an aviation authority. See UAS Operator Registration Guide. 

Once an entity registers, they must affix their Operator ID (16 character registration number) to every unmanned aircraft they operate. The same number is placed on each unmanned aircraft. This is different from the old Irish system where each individual unmanned aircraft had its own registration number. The Operator ID must be clearly visible and readable when the unmanned aircraft is on the ground. It is permissible to convert the Operator ID to a QR code and/or place the Operator ID label in a battery compartment. 

Note. Unlike under the Irish registration system, the IAA will not issue a  registration decal to affix to your unmanned aircraft. 

Direct Remote ID also forms a major part of the registration system. Direct Remote ID requires each unmanned aircraft broadcasts their Operator ID in addition to broadcasting the current location of the unmanned aircraft, its height, speed, unique serial number and importantly, the location of the remote pilot. Remote ID is a major security, safety and enforcement component of the EU UAS regulations and is a major component of the EU's wider U-Space (unmanned airspace) project. For data protection reasons, only limited details can be received by members of the public but police and other enforcement agencies will have access to the full broadcast information. Direct Remote ID is a essential feature on some of new C marked drones.  Direct Remote ID is not expected to be required until 2024. 

EU Member States are required to define areas where unmanned aircraft flying is "prohibited, restricted or allowed". Among other reasons, Member States should consider safety, security, privacy or environmental reasons when deciding on geographic zones. By regulation, these geographic zones should be made available in digital format by 01 Jan 2022. Subsequently, drone manufacturers should be able to produce very accurate maps of flying and non-flying areas; geo-fencing areas that are out of bounds to unmanned aircraft.

As a consequence of the high resolution camera and other sensors carried on many drones, EU UAS regulation requires UAS operators and remote pilots are mindful of data protection and privacy regulation.  A photo, video or sound recording of a natural person is considered personal data. Data protection is a complex area but in general, never capture imagery, sound or other data of a natural person without their permission and never capture imagery of people in their private residence.

In public areas, make sure you have a ‘legal basis’ for capturing and publishing data if doing so for commercial reasons. 'Legal basis' includes reasons such as consent or contract, public task or vital interest and/or legitimate interest. You become an official 'data controller' in these cases with regulatory obligations.

Capturing data in public areas is also possible if it is for personal use only, and is permitted under the 'household exemption' rule. Always be sensible though, if you publish something online and are asked to take it down, then it is probably wise to do so. 

In general, before you hit record, do a quick Data Assessment to ensure you are not about to capture illegal data or you are capturing the minimal amount of data you require. 

EU UAS regulation does not specifically require UAS operators to acquire public liability insurance. This requirement falls under the remit of individual member states or is already covered by the EU’s Regulation (EC) 785/2004. This regulation requires all unmanned aircraft be insured for third party risks unless they weight less than 20kg and are used for recreational purposes only.  

If UAS operators or remote pilots find the restrictions of the Open category too limiting for their requirements, the Specific Category allows more flexibility. UAS operators will find the Specific Category permits more freedom of operation with ‘legacy’ unmanned aircraft and unmanned aircraft weighing more than 25kgs, the ability to fly in controlled airspace and other geographic zones that are out of bounds to the Open category. It is also possible to conduct limited Beyond Visual Line of Sight (BVLOS) operations. 

Specific Category operations require aviation authority approval, and in many pre-defined operational cases this process is very straight forward. To meet the increased risk profile of these operations, more competence in both the UAS Operator and remote pilot is demanded. These requirements are facilitated through more advanced operational procedures and training. Contact Safe Drone Academy (www.safedrone.ie) for more details.

Blue Skies and Safe landings.