European Drone Legislation – Explained Simply

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The purpose of the new European drone legislation is to allow Belgian drone pilots to fly abroad without needing a drone pilot’s license for that country, and to ensure that regulations within Europe are the same for all member states, thereby avoiding confusion or ignorance.

In addition, these new regulations must allow for innovation and new applications for drones in education and industry, where current legislation tends to be a limiting factor and hinders innovation.

We used the Royal Decree (2020/43563) dated November 18, 2020, and EU Regulation 2019/947 as our sources and translated them into a reader-friendly text. A summary table also provides an overview of all the key points at a glance.

Thanks to EUKA and skeyes – Jean-Pierre De Muyt for clarifying this new legislation. His presentation and numerous Facebook Q&As served as a guide for writing this text.

November 18, 2020 – Publication of the Royal Decree implementing European Regulation 2019/947.

The time has finally come. On November 18, the Royal Decree was published in the Belgian Official Gazette. This means that the new European legislation is on its way.

You can read the Royal Decree and a summary here.

For the latest information from DGLV, we recommend keeping an eye on this website: https://mobilit.belgium.be/nl/luchtvaart/drones/europese_regelgeving_van_toepassing_vanaf_01072020

The New European Legislation

March 16, 2022 – We are currently updating this text daily in accordance with the new guidelines we receive. So be sure to keep a close eye on this site.

It was just announced that the implementation date for the new European legislation regarding CX labels has been postponed. This is a logical decision, given that no drones with a C label are currently available. The timeline below provides a visual overview of the new dates scheduled for implementation.

The new European regulations are based on Regulation (EU) No. 1139/2018 (EASA Basic Regulation) and apply to all UAS (Unmanned Aircraft Systems)—including multicopters, helicopters, and fixed-wing aircraft—as long as they are unmanned.

Also, no longer a distinction between hobby and professional use. So it doesn’t matter whether you earn money by flying your drone.

It’s very important to know that it is now also established that model airplanes (fixed-wing) are drones as well; there used to be some doubt about this, but the definition of a drone has now been clarified in that regard. To be precise, the term used is UAS (Unmanned Aircraft Systems), which includes multirotors (commonly known as drones), model helicopters, model airplanes, and so on—as long as they are unmanned.

Please note: It is strongly recommended that you join a model aviation club if you want to fly multicopters, model airplanes, helicopters, or other unmanned aircraft. You can safely pursue your hobby at these sites.

The only exception is that state aircraft (police, emergency services, military, etc.) are not covered by this, but they may use it as a basis for their own legislation, which is likely to be the case.

Basic Concepts

Before you delve into the legislation, classes, categories, and so on, you first need to understand a few basic concepts.

Geo-zones

It all starts with geo-zones. The geo-zones will determine not only whether you’re allowed to fly at all, but also what the conditions will be (e.g., maximum altitude, …).
Once you know which Geo-zone you are in, you can determine what type of aircraft you are allowed to fly, and based on that, you can then see which Implementing Act applies to you (see below).

Starting today, December 31, 2020, you can view the geo-zones on this website: https://map.droneguide.be/

Drone Service Application (DSA)

Skeyes has released a new set of online tools: (https://www.skeyes.be/nl/diensten/drone-service-application/)

DSA Planner: Plan your drone flight and see what requirements apply at the location where you want to fly
DSA Greenlight: Here, DGLV staff can verify and approve your flight if necessary
DSA Fly: a mobile app that lets you notify the local ATC (control tower) when your flight begins and ends.
DSA Control: Here, air traffic control can monitor where drone operations are taking place

C-class of the device

The MTOM (Maximum Takeoff Mass) and the aircraft’s impact determine which class you fall into. -> risk

Your drone will therefore fall into one of the classes listed below based on its weight or impact. This class will then serve as the basis for the Implementing Act under which you are permitted to fly, at a minimum.

Who is the Operator?

The operator is not always the pilot. The operator is the legal entity responsible for organizing the flight. This can be either an individual or a company, and is the party for whom the pilot flies.

The operator is responsible for the flight carried out by the drone, and is therefore also responsible for ensuring that the pilot is fully qualified (knowledge of the manual, training, passing the required exams, preparation, etc.).

Who is the pilot?

The pilot is the person who operates the aircraft and is in control of it. The pilot is responsible for conducting the flight at all times and makes the decisions.

The pilot is responsible for:

approval from all individuals involved following a risk briefing
a VLOS operation, possibly with the assistance of an observer
Never fly near or within an area where an emergency is in progress

Do I need to register my drone?

No. If you want to fly your drone in the Open or Specific category, no aircraft registration is required (the former OO registration).

As soon as you use your drone to transport goods or people, registration is required, but you will then also fall into the certified category.

Are you sure you don’t want to register?

What you will need to do is, if you have to register yourself or your company as an operator, you will have to add your drone—along with its serial number—to that platform.

Online Classes and Exams

For subcategories A1 and A3:

You can find the online lessons and exams on this DGLV page: https://mobilit.lmsdokeos.com/nl/users/sign_in

For subcategory A2 and old Class 1 conversion:

You can register for the exams via this site: register

New layout—new rules

Forget everything about the old classification and categorization (recreational, Class 2, Class 1a/b, professional or non-professional, etc.).

The new EU regulation is based on the risk, complexity, and performance of the flight. To determine this risk, authorities will examine the drone’s weight, the risk associated with the flight, and the location where the flight takes place (geo-zone).

In addition, there are also certain minimum requirements that the device must meet (Delegated Act).

Possible but not yet finalized requirements include, for example, a mandatory identification plate on your drone, a transponder for certain models, …

Delegated Act (DA)

DA describes the minimum requirements that a device must meet.

The device belongs to a specific C class (see table below)
Electronic ID (Real-time broadcast – open cat)
This transmitter will continuously send out a signal containing the following data:
- Operator registration number
- Device serial number
- Position and altitude of the aircraft relative to the ground (AGL)
- Heading and Ground Speed
- Pilot’s position or takeoff position
Geo-awareness (knowing the exact location of your device)
The pilot must be able to read the following information at all times:
- The pilot must be able to receive warnings and consult a map showing the no-fly zones at all times
- Geofencing is not required (blocking the device from flying where you are not allowed or unable to fly)
- The pilot is responsible for ensuring the accuracy of the data for each flight (making map updates available on the drone)

Category	Class	Description	Maximum Weight MTOM/J	Geo-awareness	Operator Registration	DJI Drone Model	Minimum age for pilots	Online Course & Online Exam (Free)	Additional theoretical exam at the Federal Public Service Mobility and Transport (Free) and proof of practical training through self-study (free)	Insurance
A1	C0 or DIY	Toys	< 250 g	NO	NO (no Camera)	–	–	NO	NO	NO (familial?)
A1	C0		< 250 g	NO	YES (the Camera can save images)	Tello Mavic Mini Mini 2	14	NO	NO	BA
A1	C1	Hobby drone	< 80J Vterm or < 900g	YES	YES	Spark , Mavic Air , Mavic Air 2	14	YES	NO	BA
A2	C2	Prosumer drone	< 4 kg	YES	YES	Mavic 2 Pro Mavic 2 Zoom Mavic 2 Zoom Enterprise Dual Phantom 4 Pro Phantom 4 Pro V2.0	16	YES	YES	BA
A3	C2	Prosumer drone	< 4 kg and Low-speed mode (3 m/s)	YES	YES	Mavic 2 Pro Mavic 2 Zoom Phantom 4 Pro Phantom 4 Pro V2.0	14	YES	NO	BA
A3	C3	Professional drones	< 25 kg <, 3 m wingspan	YES	YES	Inspire 1 Inspire 2 M200/210 M300 M600	14	YES	NO	BA
A3	C4	Aeromodel (only at approved model airfields)	< 25 kg	YES	YES	Model Building (helicopters, airplanes, drones, gliders)	14	YES	NO	BA through a model-building organization, such as VML
A1	Legacy (no Cx label)	Toys	< 250 g	NO	NO (no Camera)	–	14	NO	NO	BA
A1	Legacy (no Cx label)	Toys	< 250 g	NO	YES (with Camera)	Tello , Mavic Mini , Mini 2	14	NO	NO	BA
A1	Legacy (no Cx label)	Hobby drone	< 500 g	YES	YES	Spark , Mavic Air	14	YES	NO	BA
A2	Legacy (no Cx label)	>, a prosumer drone, can fly up to 50 meters away from people	< 2 kg	YES	YES	Mavic Pro Mavic Pro Platinum Mavic Air 2 Mavic 2 Pro Mavic 2 Zoom Mavic 2 Zoom Enterprise Dual Phantom 4 Pro Phantom 4 Pro V2.0	16	YES	YES	BA Aviation
A3	Legacy (no Cx label)	Professional drones	< 25 kg	YES	YES	Inspire 1 Inspire 2 M200/210 M300 M600	14	YES	NO	BA Aviation
A3	Legacy (no Cx label)	model airplane (only at certified model airplane fields)	< 25 kg	NO	NO	DIY and model building (helicopters, airplanes, drones, gliders)	14	YES	NO	BA through a model-building organization, such as VML

Implementing Act (IA)

The IA requirements relate to flight operations and aircraft registration.

Depending on the specifics of the flight operation, flights will be divided into three categories:

Open Category
- Most private drone pilots
- Model Aircraft Flying
- Photographers
- Automated flights (with a pilot)
Specific category
- BVLOS Operations
- freight transport
- Autonomous flights (without a pilot)
Certified Category
- Air Taxi
- International IFR Flights
- Delivering packages over people’s heads

Open Category

Low risk
No authorization or notification of the flight is required. Maximum 120 m AGL (Above Ground Level – takeoff point)
Only VLOS (Visual Line of Sight) permitted, possibly via an observer
Use of a drone with a maximum MTOM of 25 kg
This includes classes C0, C1, C2, C3, and C4
Real-world examples: Average hobby pilots, model aircraft enthusiasts, photographers, DIY builders, certain existing drones (purchased before July 1, 2020)
CE Mark Required
Includes automated flights (pilot intervention is always possible)
All individuals involved in the operation of the flight must be adequately informed of the flight risks; those who are not informed are considered to be non-involved individuals.
It is not permitted to fly near or within an area where emergency services are operating

The open category is the most extensive and also applies to most of us.

A further breakdown is needed here:

OPEN Limited (drone without a Cx class label)
OPEN A1
- OPEN A1/C0
- OPEN A1/C1
OPEN A2
- OPEN A2/C2
OPEN A3
- OPEN A3/C2
- OPEN A3/C3
- OPEN A3/C4

Open Limited Category (drone without a Cx class label)

Until December 31, 2022, unmanned aircraft systems (UAS) without a class designation may be operated under the following conditions, depending on their weight:

UAS Weight	Permitted flight distance
< 500 g	In the vicinity of people, in accordance with the regulations for subcategory A1
< 2 kg	At least 50 meters away from people
< 25 kg	At least 150 meters away from residential, commercial, industrial, or recreational areas, in accordance with the regulations for subcategory A3

The training programs for each of these subcategories will be similar to those for the corresponding subcategories in the OPEN category.

Effective January 1, 2023, the requirements for operating a UAS without a class designation will become stricter. The UAS may only be used if it was placed on the market before January 1, 2023, and only under certain conditions:

A UAS weighing less than 250 grams is subject to the rules for Category A1
A UAS weighing less than 25 kg must comply with the rules for Category A3

For a UAS without a class designation that weighs less than 2 kg (but more than 250 g), it will no longer be permitted to fly within 50 meters of people (just as for Category A2).

Category: SPECIFIC

If the risk assessment allows it, you may continue to use your current UAS in the SPECIFIC category.

Model Aircraft

May only fly in the designated Aeromodel Zones (see Geo-zones)
At the club level
Can always fly within the A3 / C4 classes (Homebuilt and <25 kg)

Drone Races

Falls under Model Aircraft
Also under A3 / C4
Spectators are allowed, preferably separated by, for example, a net.

OPEN A1/C0 (toy drone)

It is permitted to fly over people who are not involved in the flight
Flying over a crowd of people is NOT allowed
VLOS Only Allowed
Maximum altitude: 120 m AGL relative to the takeoff point
Use of a drone with a C0 certification (typically a toy drone or a DIY drone, such as a racing drone):
- < 250 grams without the Camera
- Geo-awareness is not mandatory
- No operator registration required
CE mark
Minimum age for Belgium: 14 years (if not a toy drone)
Familiar with the manual
Maximum speed 19 m/s
Follow-Me feature within a 50-meter radius

OPEN A1/C1

You must not intentionally fly over people who are not involved in the flight
You cannot fly over a crowd of people
VLOS Only Allowed
The maximum altitude of 120 m AGL relative to the takeoff point, or the maximum altitude, must be adjustable and displayable
Use of a drone with a C1 certification (hobby drone):
- Maximum 80 J of energy or < 900 g
- Electronic ID
- Geo-awareness with pilot visualization
- Operator registration required
- Identification plate showing the registration number
CE mark
Minimum age for Belgium: 14 years old
Familiar with the manual
Completed an online training course
Completed an online test and have proof of completion
Maximum speed 19 m/s
Follow-Me feature within a 50-meter radius
Lost Link Management
Battery warning

OPEN A2/C2

You MUST NOT fly over people who are not involved in the flight
It is NOT allowed to fly over a crowd of people
VLOS Only Allowed
Maximum altitude: 120 m AGL relative to the takeoff point
Use of a drone with a C2 certification (“Prosumer” drone):
- < 4 kg
- Electronic ID
- Geo-awareness with pilot visualization
- Operator registration required
- Identification plate showing the registration number
CE mark
Minimum age for Belgium: 16 years
Familiar with the manual
Drone Pilot Certificate upon completion of:
- Online training (same as Cat. A1/C1)
- Online test (same as Cat. A1/C1)
- Evidence of practical self-training
- Additional A2 Theory Test
>30 m horizontal distance from people not involved in the flight
>5 m when low-speed mode is activated

OPEN A3

You may fly over people who are not involved in the flight only if they are not at risk of being endangered
It is NOT allowed to fly over a crowd of people
VLOS Only Allowed
Maximum altitude: 120 m AGL relative to the takeoff point
>150 meters horizontal distance to residential areas, commercial centers, recreational areas, or industrial zones
CE mark
Minimum age for Belgium: 14 years old
Familiar with the manual
Drone Pilot Certificate upon completion of:
- Online training (same as Cat. A1/C1)
- Online test (same as Cat. A1/C1)
Lost link management (e.g., return to home)

Open A3 / C2 (prosumer)

< 4 kg
Transponder with ID data
Geo-Awareness with Pilot Visualization
Operator registration required
Identification plate showing the registration number
Low-speed mode (3 m/s)
No sharp edges
Batterij Warning
Maximum Noise Standards
Equipped with lights
Secure C2 link

Open A3 / C3 (Professional)

< 25 kg and <3-meter wingspan
Transponder with ID data
Geo-awareness with pilot visualization
Operator registration required
Identification plate showing the operator number
Batterij Warning
Maximum Noise Standards
Equipped with lights
Secure C2 link

Open A3 / C4 (Aero model)

Valid only for Kits; self-built models are not included and are subject to model aviation regulations.
Automatic flights not permitted (waypoints)
Only if the flight zone requires it will a zone be created where model aircraft clubs can operate their airfields (this already exists and is unlikely to change)
- Transponder with ID data
- Geo-awareness with pilot visualization
- Identification plate showing the operator number
Operator registration is required
If you are flying at a certified model airfield (Aeromodel zone), you must follow the regulations that apply there.

ATTENTION:

When you fly at a certified model aircraft field in Belgium, the regulations specific to these sites apply. This has not yet been formalized under the new European Legislation. It is still pending.

A summary table

European Legislation 6/2020 - Explained Simply - www.dronedepot.be

Specific Category

Increased risk
If the flight proceeds according to a “Standard Scenario,” a notification is sufficient; otherwise, authorization from a CA is required before the flight begins, based on a SORA (Specific Operations Risk Assessment) —> Risk Analysis
Real-world examples: BVLOS operations (linear inspections, mapping), cargo transport, all flights that do not fall under the Open Category or the Certified Category
Includes autonomous flights (without pilot intervention)
A pilot must have minimum competencies, such as:
- be familiar with operational procedures (flight planning, pre-flight and post-flight inspections, emergency procedures, etc.)
- be able to communicate in the field of aeronautics
- Controlling the flight path and its automation
- problem-solving and making the right decisions
- Situation Management
- airmanship
If your flight meets the requirements of a standard scenario (to be published), you may carry out the flight provided you register it online; no approval is required. It’s best to notify the local municipality and/or police department so that unnecessary calls from neighbors don’t lead to an intervention, and if you have the chance, drop a note in your neighbors’ mailboxes in advance to let them know that a drone flight will be taking place — this way, you’ll make good neighbors rather than worried ones.
If your flight doesn’t fit a standard scenario, a SORA risk analysis is required—you can take a training course for this, for example, at https://www.dronecollege.be
If you have already obtained a Class 1 license, all you need to do is take an additional theory exam (online? We don’t know yet) to demonstrate that you are familiar with European legislation.

Certified Category

High Risk – This flight is just as risky as a manned flight
Authorization required by a certified authority (e.g., DGLV for Belgium); certified UAS with a licensed pilot
Real-world examples: Air taxi, international IFR (cargo, passengers), delivering packages over people
The flight may carry passengers or transport dangerous goods

Timeline

This new legislation will take effect in all European member states as of January 1, 2021.

Drones without a CE marking may still be used in categories A1 and A3 even after July 1, 2022, but may no longer be sold after July 1, 2022.

Drones sold after July 1, 2022, must bear a CE mark.

PLEASE NOTE: This does not concern the Cx rating. The technical specifications for this Cx (C0, C1, C2, C3, C4, and later C5 and C6) have not yet been fully finalized, and Europe has yet to grant final approval. Until then, manufacturers will not be able to apply this label to new drones.

It is possible that a certification body could retroactively grant a certification label, but we hope to learn more about this later.

What about the license you’ve already earned (Belgian pilots)?

When the new European legislation takes effect, the current Belgian legislation will be repealed, and with it, the current Class 2 and Classes 1 (a and b) licensing.

This table outlines exactly what you still need to do as a pilot to comply with the new EU legislation:

Pilot	Certificate/License	Exams to Take
Class 2	I haven’t earned my Class 2 certificate yet	Open A1-3, Open A2
Class 2	Yes	EASA regulations open A2
Class 1	I haven’t earned a Class 1 certificate yet	Open A1-3 Open A2 Specific
Class 1	Yes	EASA regulations

Education

You can pursue your studies in any European Union member state
The exams will be valid for 5 years
Where can I take a course in Belgium?
This information is still to come

Night Flights

The following are eligible in the Open Category
Mandatory use of a green flashing beacon (e.g., https://www.dronedepot.be/product/lume-cube-strobe-anti-collision-light/)

Insurance – Liability Insurance

You have two options for insurance:

Personal – hobby use
- Is Your Family Insurance Enough?
  - It’s best to check with your insurance provider
  - Is a drone insured?
  - What is the maximum weight of the drone?
Professional use
- Basic Drone Insurance
- Covers material
- Aviation Insurance
- minimum coverage amount
- Use your insurance number to register as an operator
- The serial number of each drone or piece of equipment is required

If the drone causes damage, you can have it covered by your drone insurance.

Damage caused by the pilot, but not by the drone, is not covered by drone insurance.

More information and resources

We’ve compiled all this information for you on a single page. If you’d like more information or want to look up specific details, you can find our sources below: