Details of the new European drone regulation

Details on the new European drone regulation and compliance of DJI products

Details of the impact of the new EU drone rules on DJI Enterprise customers and what it really means for their business.

On December 31, 2020, the European drone regulation established by the European Aviation Safety Agency (EASA) will enter into force, ushering in an era of harmonization for the 27 EU member states, as well as Iceland, Norway, Liechtenstein and the United Kingdom.

Even if, on the one hand, this move represents an unprecedented milestone in "addressing societal concerns about drone technology," as EASA explains in its press releases, there are also questions about the potential disruption to individual operators and companies using DJI's products.

On a practical level, DJI recently addressed the impact of a harmonized regulation on customers in a webinar, and EASA published a detailed FAQ regarding the Open and Special categories, as well as a regulatory framework roadmap.



However, there may still be uncertainty when it comes to the current state of compliance for DJI drones and the clear benefits of a standard solution over the existing framework – topics we want to address in this article.

Compliance of DJI products with the new European drone regulation

One of the most natural responses to change is fear. It would be understandable if DJI's enterprise customers, especially within critical sectors such as public safety, energy and architecture/construction, would be concerned about meeting the new requirements in time to ensure seamless operations.

Over the past few years, as drone technology has advanced well ahead of existing regulations under the leadership of DJI, our European regulatory team has worked closely with European decision makers in a continuous information, notification and education process demonstrating the growing benefits and safety of drone technology.

"For DJI in Europe, it has always been a priority to strike a balance between the need for harmonization of drone technology regulations for safe use and allowing our customers to freely enjoy the benefits of its growing potential," says Christian Struwe, Director of Public Policy, EMEA .



As a direct result of the cooperative approach between DJI, as the market leader, and EASA , operators using DJI drones today can continue to fly from January 2021 , as the products already comply with the new European drone regulations.



Likewise, as a result of ongoing dialogue with these European decision-makers, DJI has committed to address any uncertainties and customer questions arising from the introduction of the new rules, with the help of a dedicated R&D team.

Streamlining the Special Operations Risk Analysis (SORA) process

It is not without reason that all large corporate drone operators are concerned about the possibility of having to adapt to the new licensing process for critical operations, such as in Sweden, where regulations are less stringent than elsewhere. However, this does not necessarily mean that the new process is more complex; only that it is rationalized.

In fact, in the absence of a formal harmonized process, it has been more difficult for us at DJI to provide formal harmonized solutions to customer enquiries. Bringing the SORA processes to a common basis is a long-awaited result, which will finally make it possible to rationalize the non-homogeneous processes for obtaining flight permits and operational approvals in case of similar scenarios in different countries.

Flying with DJI drones without a CE class identification label

Clarity is empowering. General confusion between the CE markings, which DJI products already comply with today, and the newly required CE class identification labels, which refer to the class in which the drone can be flown in the Open category, may prevent large corporate customers from continuing their normal operations in 2021.

With reference to Article 22 of the EU Regulation 2019/947 , EASA specifically addressed this particular problem , where it is clearly stated that there is a transition period for further flights with drones without CE class identification labels in the Open Restricted category.

Furthermore, DJI products tick all compliance conditions, including relevant and applicable EU CE directives, meaning that no extensive interventions such as product modifications are required.

The tangible benefits of the harmonization of drone regulations for DJI customers

There is always an opportunity behind a challenge, and in this case, a standardized EU drone regulation opens up new opportunities for customers considering cross-continental expansion plans.

For businesses, this not only means that DJI drones will be ready to fly from January 2021, but more importantly, they can seamlessly expand their local operations to other countries in similar scenarios, without the need for new registration procedures, training and multiple licensing to conduct.

This is especially true if routine beyond-visual-line-of-sight (BVLOS) flights become the norm in conventional scenarios where they were previously the exception. Moreover, as the distinction between hobbyists and business operators disappears under the new rules, more and more business operations, such as the inspection of wind turbines, can be carried out without a license in the Open category.

The introduction of harmonized drone regulation in Europe is a major event for the entire industry.

FREQUENTLY ASKED QUESTIONS:

What is the CE marking about?
The upcoming EU regulation requires drones to obtain a new CE class identification mark based on different mandatory safety requirements in addition to the existing CE marking requirements. With the active participation of DJI, new European standards corresponding to the new regulations are being developed, but they have not yet been finalized.

The new EU regulation distinguishes three categories: low risk (OPEN CATEGORY), increased risk (SPECIAL CATEGORY) and high risk (LICENSED CATEGORY). DJI user products are primarily used in the OPEN CATEGORY (low-risk flights), in which a CE class identification marking of one of the relevant classes C0-C4 is mandatory.

All products without a CE class label can continue to be used in the limited open category in accordance with the new EU regulations. EASA specifically dealt with this particular problem, in which case it is clear that there is a transitional period for flying drones without a CE class identification label in the so-called "restricted" in the Open category ( https://www.easa.europa.eu/faq/116508 ). We encourage users to check the category of their drone and intended flight and to follow the rules and regulations.

When do the new CE marking rules come into force?
on December 31, 2020.

What happens after 31 December 2020 if you do not have a CE class identification label?
Any product without CE marking can continue to be used in the OPEN CATEGORY after December 31, 2020, but with certain operator restrictions (for details, see the table below). They can also be used in the OPEN CATEGORY after the transition period (after 2022, but only in the A3 category with the most restrictions).

The EASA FAQ: https://www.easa.europa.eu/faq/116508 has more information on how drones without a CE class ID label can continue to fly in the Open Restricted category.

How will DJI apply this new regulatory framework to its existing and new products?
These standards are not ready yet, but they are being developed with the active participation of DJI. Once these standards are in place, we will work to ensure that the relevant products are compliant.

How will DJI know if its products comply with the new regulatory framework?
This is about preliminary tests, what needs to be done on our part, we work together with TÜV Rheinland, which is a technical testing association, providing product certification services for various industrial applications.

For the final CE marking, the so-called as a "notified body" and we still have to decide which notified body to use.

Can current drones receive CE class identification labels retroactively?
While current drones on the market cannot simply be retroactively labeled, they can be subject to a process to determine whether they meet the new requirements and legally transform them into a "new" product. We are investigating the possibility of this for existing products. All DJI drones can be used with certain restrictions in the "restricted" Open category until December 31, 2020 and beyond.

The EASA FAQ: https://www.easa.europa.eu/faq/116508 has more information on how drones without a CE class ID label can continue to fly in the Open Restricted category.

DJI is currently working with industry bodies, regulators and authorities to help develop the new European standards that form the basis of CE marking and the compliance process associated with this regulation.

How do I know that my drone can retroactively receive the CE class identification label?
As soon as the regulatory authorities have confirmed the standards and notified bodies are available, we will publish a list on our website showing which products will be subject to retroactive CE class identification labeling.

How can I retroactively get a CE label for my drone?
Regarding confirmed products, this will require a hardware and/or firmware update (still to be decided!), which will have to be done by DJI or some official dealers. Customers can carry out this update themselves, but the manufacturer must establish a controlled process together with testing by a notified body (to be decided!).

Can I still use my drone if it cannot retroactively get a CE class identification label?
There is a planned transition period. Any product without a CE class identification label can still be used until December 31, 2022, but with certain operator restrictions (see table below for details). They can continue to be used even after the transition period (after 2022, but only in the A3 category with the most restrictions).

The EASA FAQ: https://www.easa.europa.eu/faq/116508 has more information on how drones without a CE class ID label can continue to fly in the Open Restricted category.

Does my drone need to have a CE class identification label for commercial activity?
The new EU regulation does not differentiate between private and commercial drone use in the open category. Drones without CE class identification labels can continue to be used for commercial activities until December 31, 2022, but with certain operator restrictions (see table below for details). They can continue to be used even after the transition period (after 2022, but only in the A3 category with the most restrictions).

The EASA FAQ: https://www.easa.europa.eu/faq/116508 has more information on how drones without a CE class ID label can continue to fly in the Open Restricted category.

How do I know that the drones in my inventory will be able to retroactively receive the CE class identification label?
As soon as the regulatory authorities have confirmed the standards and notified bodies are available, we will publish a list on our website showing which products will be subject to retroactive CE class identification labeling.

How do I retroactively get a CE class identification label for the drones in my inventory?
Regarding confirmed products, this will require a hardware and/or firmware update (still to be decided!), which will have to be done by DJI or some official dealers. Customers can carry out this update themselves, but the manufacturer must establish a controlled process together with testing by a notified body (to be decided!). We will inform you in time about how this process will work in practice.

Will I not be able to sell any drones in my inventory that do not have CE class identification labels?
All DJI drones on the market already comply with the existing EU CE marking guidelines, so they can generally be sold on the EU market after December 31, 2022, based on the new EU regulations. For user drones subject to the new class identification tags, there is a planned transition period. DJI user drones without a CE class identification label can still be sold in the user market of the EU market until December 31, 2022, but with certain operator restrictions (see the table below for details). However, these are not significant and should not prevent customers from purchasing these products.

See the EASA FAQ: h ttps://www.easa.europa.eu/faq/116508 for more information on how drones without a CE class ID label can continue to fly in the Open Restricted category.