REGULATION: Transactions with UAS falling within the provisions of Regulation (EU) no. 2019/947

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On December 31, 2020, the  Implementing Regulation (EU) no. 947/2019 of the Commission of 24 May 2019 , relating to rules and procedures for the operation of unmanned aircraft and its subsequent amendments, the national regulations regarding operations with UAS lapse unless the operations that fall within the provisions of the article 2 paragraph 3 a) of Regulation (EU) no. 1139/2018.

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Open Category

Operations in the Open Category do not require any presentation of a declaration by the operator or authorization by the ENAC.

The operator can carry out operations in the Open Category only after registering in the d-flight portal.

The UAS that do not have the CE marking, from C0 to C4, can be used, until 1 January 2023, exclusively in the so-called "Limited Open Category".
 

The Limited Open Category has the following additional limitations:
 

in subcategory A1

• UASs with a maximum take-off mass of less than 500g may be operated

• Class C0 <250g - YES overflight of people / NO gatherings

• Class C1 <500g - No overflight of people not involved / NO gatherings / Follow Me active max distance 50 m from the pilot.

• Class C1 <900g - As above starting January 1, 2023 with class identification plate.
   

in subcategory A2

• Class C2 without class identification plate until January 1, 2023, UAS with maximum take-off mass of less than 2 kg can be operated maintaining a minimum horizontal distance of 50 m from people.
   

• Class C2 with nameplate, by  January 1, 2023 all UAS must be equipped with class identification plate, UAS with maximum take-off mass of less than 4 kg can be operated by maintaining a minimum horizontal distance of 5 m from people by limiting speed

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in subcategory A3

• Class C3 and C4 can be operated UAS with maximum mass and less than 25 kg be carried out at a safe horizontal distance of at least 150 meters from residential, commercial, industrial or recreational areas.
  
  ​ Thecompetences of the pilots are established by ENAC in  UAS-IT regulation  
   

All operations not included in the Limited Open Category carried out with UAS that do not have the CE marking are to be considered as falling within the Specific Category.

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ATM-09A, Article 5,  Establishment of Geographical Zones:
 

• 5.1  With reference to Regulation (EU) 2019/947, art. 15, geographical areas are defined in the national airspace according to the following criteria:

to)  for safety reasons, in the vicinity of airports (including heliports and airfields / heliums / hydro-surfaces managed), in accordance with the criteria established in paragraph 6 below;

b)  for reasons of safety, security, safety and environmental protection, as well as warning of dangers to navigation, all areas classified as regulated (R), prohibited (P), dangerous (D), as well as those similar to them (e.g. launch paratroopers and aerobatic flight), published in AIP-Italia ENR 5 and replicated on the d-flight website;

• 5.2  In the geographical areas as defined in paragraph 5.1a), they are:

to)  UAS operations of the "open" category are prohibited;

b) permitted UAS operations of the "specific" or "certified" 1 category, as reported in the following paragraphs 7, 8 and 9.
 

• 5.3  The geographical areas as defined in paragraph 5.1.b), coinciding with the areas classified as:

to)  P and D: UAS operations are prohibited,

b)  A: UAS operations are prohibited, when active and as reported in AIP-Italia ENR-5 and replicated on the d-flight website.

Any exceptions to operating in these areas may be authorized in accordance with the provisions in force, applied to manned aircraft, and contained in ENAC's ATM series circulars.

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• 5.4  The information on the geographical areas, defined as specified above, will be made public in digital format on the d-flight website.

Specific category

Implementing Regulation 2021/1166 of 15 July 2021 which extends the validity of the national standard scenarios until 2 December 2025 below the new deadlines:

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• The national standard scenarios can be subscribed until 2 December 2023.

• From 2 December 2025, the national standard scenarios will cease to be valid.

• From 1 July 2022, a flashing green light on drones conducted at night in the Open Category is mandatory.

• From 1 July 2022, the operator must ensure that the Specific drones have at least one flashing green light for night visibility and the electronic identification device active and updated.  

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The operations in the Specific Category can be carried out, after the operator has registered on the D-Flight website, following:

• Presentation of the declaration in  D-Flight portal  for transactions falling within the Standard Scenarios, payment of Enac rights, or

• Authorization by ENAC for all other types of operations

• Be in possession of "CRO Certificate"

• IT IS POSSIBLE TO FLY IN URBAN AREAS UP TO 10M + 10M FROM PEOPLE WITH UAVS WEIGHT <10KG

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