Agricultural Drones and Aerial Spraying. AESA and pesticide regulation answered.

Royal Decree 1039/2017 and EU Regulation 2019/947 establish the certification framework for drone (RPAS) operators. For agricultural drones operating in the open category (A1, A2 or A3), the operator must register on the AESA portal and obtain an operator number. The pilot must pass an AESA online exam to fly in A2 and A3 (drones up to 25 kg). For drones in the specific category (operations over populated areas, aerial pesticide treatments, payloads over 25 kg), an operational risk assessment (SORA) must be submitted to AESA and a specific authorisation obtained. Amendments to EU Regulation 2019/947 implemented from 2024 introduce the standard specific category (STS) which simplifies some authorisation processes for regular operators.

Law 42/2007 on Natural Heritage and Biodiversity (amended by Law 33/2015) establishes that ZEPA (Special Protection Areas for Birds) and ZEC (Special Conservation Areas) within the Natura 2000 network are subject to specific regulations for activities that may disturb protected species. Agricultural drones in Natura 2000 areas require an environmental impact assessment (EIA) when they may affect protected species (Art. 45 Law 42/2007). In Catalonia, DARP and the Directorate General for Biodiversity establish specific restrictions on prohibited periods (nesting season, migration) and maximum flight altitudes within protected areas. The Natural Resources Management Plan (PORN) and the Use and Management Plan (PRUG) of each protected area must be consulted for the specific applicable restrictions.

Royal Decree 1702/2011 on sustainable use of pesticides and Order APA/326/2022 govern aerial application of plant protection products. Until 2022, aerial pesticide application was banned in Spain by default, with very limited exceptions. Order APA/326/2022 updated the framework for aerial application by drones, authorising it for specific crops (rice, vines, olive groves and some tree crops in areas of difficult access) and establishing requirements: (1) the drone must have a precision dosing system, (2) the pesticide must be explicitly authorised for aerial application, (3) prior notification to the competent regional authority is required, (4) buffer zones must be established from water bodies, inhabited areas and sensitive zones. In Catalonia, notification must be made to DARP.

Commission Delegated Regulation EU 2019/945 establishes technical requirements for unmanned aircraft systems (UAS). For agricultural drones (generally category C2 or C3 for weight above 4 kg or 25 kg respectively), the following is required: (1) CE marking in accordance with the relevant category, (2) remote identification system (Remote ID) enabling in-flight drone identification, (3) unique serial number, (4) automatic safety mode returning the aircraft to its origin on signal loss. For pesticide treatments, drones must have specific safety certification for the dosing system. From 2024, EASA requires all newly manufactured drones to incorporate Remote ID as standard; older drones must be upgraded or operated with Remote ID add-on devices.

Articles 23-26 of Royal Decree 1039/2017 and EU Regulation 2019/947 establish the RPAS operator registration system with AESA. Registration is mandatory for all operators of drones over 250 g or fitted with a camera or imaging sensor. The process includes: (1) registration on the AESA Electronic Headquarters (www.seguridadaerea.gob.es), (2) obtaining an operator number, (3) proving pilot competencies (online exam for A1/A3, practical training for A2), (4) taking out public liability insurance. For commercial operators (providing aerial spraying services to third parties), registration is mandatory and must be renewed annually. Penalties for operating without registration range from EUR 1,001 (minor infringement) to EUR 225,000 (very serious infringement) under RD 1039/2017.

Royal Legislative Decree 48/1960 on air navigation (Article 119) establishes strict liability for operators in respect of damage caused to third parties on the surface by the aircraft, irrespective of fault. For drone operators providing aerial spraying services, liability for pesticide drift is particularly significant (drift onto neighbouring crops, water bodies or inhabited areas). Law 50/1980 on Insurance Contracts (LCS) and EU Regulation 785/2004 set insurance obligations for aircraft. For agricultural drones in the open category (up to 25 kg), the minimum coverage is 750,000 SDRs (Special Drawing Rights). For drones in the specific category carrying out pesticide treatments, many insurers require specific coverage for third-party contamination risks that may exceed the legal minimum.