Spain issues new UAS regulations – ENAIRE to be the sole provider of common information services

Spain has published a Royal Decree on uncrewed air system regulations which includes major provisions for the implementation of U-space.

See: https://boe.es/buscar/doc.php?id=BOE-A-2024-11377

According to the new decree:

“To ensure the effective implementation of U-Space, ENAIRE is designated as the sole provider of common information services to provide its services exclusively in all U-Space airspaces designated in airspace under Spanish responsibility, for a period of ten years. , extendable by agreement of the Ministry of Transport and Sustainable Mobility.

“This designation will be effective from the date of start of operations in the first U-Space designated by the Interministerial Commission provided for in article 6 of Law 21/2003, of July 7, provided that on said date the public business entity has obtained certification as a provider of such services.

“The remuneration to ENAIRE for the recovery of costs for the services provided as the sole provider of common information services will be established in accordance with the provisions of Law 8/1989, of April 13, on Public Rates and Prices.”

The new decree defines some of the operational limitations which will apply to drone operators in U-space areas, or areas defined as “geographic zones of general UAS for reasons of citizen security and the protection of people and property in urban environments.“

“For reasons of public safety, UAS operators subject to the obligation to register as such who intend to carry out UAS operations in urban environments or over concentrations of people, must previously notify the Ministry of the Interior at least five weeks in advance . calendar days with respect to the date scheduled for the start of the operation. This communication may contain how many operations are going to be carried out in the five calendar days following the start date of the operations provided for in said communication, and the operator must indicate the date and the specific time slot with sufficient delimitation of each of the operations. to execute.”

The new regulation complements the European Union regulations (Delegated Regulation (EU) 2019/945 and Implementing Regulation (EU) 2019/947) and repeals Royal Decree 1036/207 that regulated the civil use of these aircraft.

“The new regulatory framework will enter into force 20 days after its publication in the Official State Gazette (BOE). The main novelties included in the new Royal Decree are in changes and regulations within EASA operations, the creation of a new UAS zoning, the development of the regulatory framework for U-Space, and the application of the legal regime to non-EASA operations. The State Aviation Safety Agency (AESA), in its commitment to the public service to users, will modify all the information in this regard in the “UAS / Drones” area of its website, where the content will be updated for greater agility and understanding of the regulations,” according to a government statement.

“The new standard also complements the legal regime of Implementing Regulation (EU) 2021/664 on a regulatory framework for U-Space (U-Space Regulation), in terms of organisation and competences. In this regard, the Interministerial Commission for Defence and Transport (CIDETRA) is responsible for designating airspace as U-space. Likewise, the Ministry of Transport and Sustainable Mobility is the entity responsible for the designation for all airspaces and U-space of Spanish responsibility of the single certified Common Information Service Provider (CISP).

In this context, EASA is the competent authority for deciding on the issue, modification, revocation, suspension or limitation of Common Information Service Provider (CISP) certificates and U-Space Service Provider (USSP) certificates and for the supervision of those providers.”

“In addition to the general rules of drones depending on the operational category, depending on the place or type of activity to be carried out, the operator may be subject to compliance with other requirements. With the regulatory update in relation to zoning, requirements and limitations applicable to the use of UAS are established with a scheme more adjusted to the new European regulatory environment. The main changes are:

* Finalises the distinction between recreational and professional activities and their specific zoning requirements.

* Unified regulations adapted to the needs of non-EASA operations are established.

* The need to coordinate UAS operations in controlled airspace is eliminated, provided that it is outside the aerodrome/heliport environment and does not exceed the maximum height of 60 metres.

*  General zones and a framework for the creation of particular zones are established for reasons of operational and public safety, privacy and environmental protection. The establishment of these areas will be done at the initiative of CIDETRA or at the request of the public, state or regional administration.

* A framework is created for the single digital publication of UAS geographical areas.