The commercial use of unmanned aircraft in Spain

Until the new EU regulation was issued in early 2021, which adapted the regulations for the operation of UAS (drones) across Europe, the Royal Legislative Decree 1036/2017 applied in Spain. However, this is largely no longer applicable since its regulations do not comply with EU law. During the year, a new law is to be enacted that implements the provisions of the EU regulation.

The permissible use of a drone, i.e., including commercial use, depends on the respective operational risk.

There are three operating categories: “open”, “special”, and “subject to approval”. The greater the risk of operating the UAS, the more demanding the requirements. Classification into categories depends in particular on the starting mass of the drone, to what extent other aircraft or humans are endangered by the operation or whether goods or humans are to be transported. Depending on the operating category, an operating permit or remote pilot license may be required.

A drone of the “special” category can also be used across borders. An operating permit must be in place and an application for approval must be filed with the competent authority of the Member State in which the operation is to be carried out. It is then checked whether the risk mitigation measures already taken are sufficient to use the drone in the respective Member State.

UAS should be integrated into the “U-Space System”. Until now, inclusion in the aviation system is still under construction, but the requirements for the implementation of the three pillars of the system have already been defined at EU level: registration, geo-sensitisation (system that detects potential violations of airspace boundaries and alerts the remote pilot), and remote identification.

Inclusion in the U-Space system allows for better integration of drone use into existing airspace management. Registration, remote identification, and geo-sensitisation can help prevent hazards to other aircraft.

In addition to the restrictions depending on the operating category, so-called geographical UAS regions are defined by Member States (in Spain in the Real Decreto 1180/2018). These allow, restrict, or exclude operations for reasons of public security, protection of infrastructure and other airspace users as well as protection of privacy and the environment. National air traffic rules, air traffic regulations, and data protection regulations apply.

Areas where operations may be restricted or prohibited include but are not limited to land, critical infrastructure facilities, bathing beaches, nature reserves, accident sites, or places of installations, airports, or airfields. All airspace restrictions can be found at: https://drones.enaire.es/.