Drones: Delegated Regulation (EU) 2019/945
Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (OJ L 152, 11.6.2019, p. 1) sets the design, manufacturing and market rules for unmanned aircraft systems (UAS) operated under Implementing Regulation (EU) 2019/947. Adopted under Regulation (EU) 2018/1139, it follows the New Legislative Framework model; its class identification labels (C0 to C6) link each product to the operational rules of Regulation 2019/947.
Legal status and timeline
- Entry into force: twentieth day following publication on 11 June 2019 (Article 42).
- Delegated Regulation (EU) 2020/1058 (OJ L 232, 20.7.2020): added classes C5 and C6 and C5 accessories kits, and replaced the Annex. In force from 9 August 2020.
- Implementing Regulation (EU) 2019/947: applies from 31 December 2020 (Article 23(1)).
- End of the transitional period: Article 22 of Regulation 2019/947 permitted 'open' category use of UAS not complying with Parts 1 to 5 of the Annex until 31 December 2023.
- "Legacy" drones: under Article 20 of Regulation 2019/947, non-privately-built UAS without a class label placed on the market before 1 January 2024 may continue to be operated in subcategory A1 (MTOM below 250 g) or A3 (MTOM below 25 kg).
- Standard scenarios: operational declarations under Article 5(5) of Regulation 2019/947 apply from 1 January 2024 (Article 23(2)).
- Delegated Regulation (EU) 2024/1108: revised the certification conditions in Article 40 and the definitions of UAS and control and monitoring unit; applies from 1 May 2025.
- Status in October 2026: applies.
Scope: CE-marked UAS versus certified UAS
Article 2(1) applies Chapter II (product requirements, CE marking and market surveillance) to:
- UAS intended to be operated in the 'open' category, or under an operational declaration in the 'specific' category, bearing a class identification label set out in Parts 1 to 5, 16 and 17 of the Annex, except privately built UAS;
- class C5 accessories kits (Part 16), which convert a class C3 UAS into class C5;
- direct remote identification add-ons (Part 6).
UAS intended to be operated exclusively indoors are excluded (Article 2(4)). Under Article 40, a UAS must instead be certified under Regulation (EU) No 748/2012 where it has a characteristic dimension of 3 m or more and is designed to fly over assemblies of people (unless lighter than air), is designed to transport people or dangerous goods requiring high robustness, or where the competent authority concludes that a 'specific' operation cannot be adequately mitigated without certification.
Class identification labels C0–C6
| Class | Annex | Key requirements |
|---|---|---|
| C0 | Part 1 | MTOM below 250 g including payload; maximum speed in level flight 19 m/s; height above take-off point limited to 120 m; exclusively electric; follow-me mode within 50 m. |
| C1 | Part 2 | MTOM below 900 g, or impact energy to a human head below 80 J; 19 m/s; 120 m height limit or selectable limiter; serial number to ANSI/CTA-2063-A-2019; direct remote identification; geo-awareness; green flashing light; noise limit and label. |
| C2 | Part 3 | MTOM below 4 kg; low-speed mode of 3 m/s (unless fixed-wing); command and control link protected against unauthorised access; direct remote identification; geo-awareness; lights; noise limit and label. |
| C3 | Part 4 | MTOM below 25 kg and maximum characteristic dimension below 3 m; direct remote identification (unless tethered); geo-awareness; lights; sound power level indication (no maximum limit). |
| C4 | Part 5 | MTOM below 25 kg; no automatic control modes other than flight stabilisation assistance and lost-link assistance. No remote identification or geo-awareness requirement in Part 5. |
| C5 | Part 16 | Part 4 requirements except the height limit and geo-awareness; not fixed-wing unless tethered; low-speed mode of 5 m/s; flight termination means independent of the automatic flight control; link-quality alerts. May be a C3 fitted with an accessories kit. |
| C6 | Part 17 | Part 4 requirements except the height limit, electric-only propulsion and geo-awareness; ground speed in level flight not more than 50 m/s; means to prevent breaching a programmable operational volume; independent flight termination; trajectory programming. |
C0 to C3 and C5 must be exclusively electric; C6 is exempted. Every class must be supplied with manufacturer's instructions and the EASA information notice.
Noise limits (Part 15)
Part 15 sets maximum guaranteed sound power levels LWA for non-fixed-wing C1 and C2 aircraft in three stages, from entry into force and from two and four years afterwards. The third stage now applies: 81 dB for MTOM below 900 g, and 81 + 18.5 lg(m/900) dB for C2 aircraft with MTOM from 900 g to below 4 000 g (m in grams). Measurement follows the noise test code in Part 13, based on EN ISO 3744:2010.
Conformity assessment
Article 13(2) provides three procedures:
- Module A, internal production control (Part 7): only for products assessed against Parts 1, 5, 6, 16 or 17 (C0, C4, remote identification add-ons, C5, C6), and only where the manufacturer has applied harmonised standards published in the OJEU for all requirements for which such standards exist (Article 13(2)(a)).
- Modules B and C, EU-type examination and conformity to type (Part 8): available for all products.
- Module H, full quality assurance (Part 9): available for all products except toys within the meaning of Directive 2009/48/EC (Article 13(2)(c)).
Classes C1, C2 and C3 therefore always require a notified body (Articles 18 to 34; listed in NANDO). Harmonised standards give a presumption of conformity (Article 12). The Commission's list currently shows one reference: EN 4709-002:2023 (direct remote identification), cited by Implementing Decision (EU) 2024/2103 with a restriction excluding the requirement that the broadcast be receivable directly by existing mobile devices.
Technical documentation, declaration and marking
Technical documentation (Article 17, Part 10) is drawn up before placing on the market, includes software and firmware versions, standards applied, test reports and any EU-type examination certificate, and is kept for 10 years (Article 6(3)). See technical documentation.
EU declaration of conformity (Article 14, Part 11) states the class, the guaranteed sound power level where applicable and any notified body intervention. Each product is accompanied by the full or a simplified declaration (Part 12) bearing the unique serial number (Articles 6(5) and 6(8)). One declaration covers all applicable Union acts (Article 14(4)). See EU Declaration of Conformity.
Marking (Articles 15 and 16):
- CE marking, affixed visibly, legibly and indelibly to the product or its data plate, or to the packaging where size does not allow (Article 16(1)); see affixing the CE mark.
- Class identification label at least 5 mm high on the UA (or on each accessory of a C5 kit) and on the packaging (Article 16(2)).
- Guaranteed sound power level indication in the Part 14 format on the UA, unless not possible, and on the packaging (Article 16(3)).
- Notified body identification number after the CE marking only where Module H is applied (Article 16(5)).
Manufacturer and operator obligations
Economic operator obligations are in Articles 6 to 11. Manufacturers and importers of C5 or C6 UAS or C5 kits must inform the market surveillance authority of their Member State of principal place of business (Articles 6(11) and 8(10)).
Operators are governed by Regulation 2019/947, not 2019/945. The class determines the permitted operation: C0 and C1 in subcategory A1, C2 in A2 or A3, C3 and C4 in A3, C5 in standard scenario STS-01 and C6 in STS-02. C1 to C3 must fly with remote identification and geo-awareness active. The operator must ensure the UAS is accompanied by the declaration referencing its class and bears the label (UAS.OPEN.050(6)), and must register for 'open' operations with an aircraft of 250 g or more, able to transfer over 80 J on impact, or carrying a sensor able to capture personal data (unless a compliant toy), and for all 'specific' operations (Article 14(5)).
Related legislation
- Radio Equipment Directive 2014/53/EU: applies in parallel to the radio functions; see the FAQ below.
- Battery Regulation (EU) 2023/1542: applies from 18 February 2024 to incorporated and supplied batteries, typically as "portable batteries" (sealed, 5 kg or less).
- General Product Safety Regulation (EU) 2023/988: covers risks not addressed by harmonisation legislation (Article 2(1)); distance-sales information (Article 19) and online-marketplace rules (Chapter IV) also apply.
- Toy safety: Directive 2009/48/EC applies to toy drones until its repeal by Regulation (EU) 2025/2509 with effect from 1 August 2030. Module H is unavailable for toys, and points (4) to (6) of Part 1 do not apply to C0 toys.
- Machinery: under Article 51(2) of Regulation (EU) 2023/1230, the reference to Directive 2006/42/EC in Article 4(2) will be read as a reference to that Regulation once the Directive is repealed.
Common errors
- Self-declaring C1, C2 or C3 aircraft. Module A is not available for Parts 2 to 4; a notified body is mandatory.
- Adding the notified body number after Modules B and C. Article 16(5) requires it only for Module H.
- Relying on EN 4709-002:2023 for mobile-device reception. The OJEU citation excludes that requirement; it must be demonstrated by other means.
- Omitting the class label, sound power indication or EASA information notice. Each is formal non-compliance under Article 39(1).
- C5 kits that modify C3 software. Part 16 prohibits this.
Frequently asked questions
Does a drone under 250 g need CE marking?
A drone placed on the market as class C0 must bear the CE marking and the C0 label. A non-privately-built drone without a class label placed on the market from 1 January 2024 cannot be flown in the 'open' category (Article 4(1)(a) of Regulation (EU) 2019/947).
Can a class C1, C2 or C3 drone be self-declared under Module A?
No. Article 13(2)(a) of Regulation (EU) 2019/945 confines Module A to C0, C4, C5, C6 and remote identification add-ons, subject to the application of harmonised standards. C1 to C3 require Modules B and C or Module H.
When does the notified body number appear next to the CE marking on a drone?
Only where Module H (Part 9 of the Annex) has been applied (Article 16(5)); not after Modules B and C.
Can C5 and C6 drones be used in the 'open' category?
No. Standard scenario STS-01 requires a class C5 aircraft and STS-02 a class C6 aircraft; both are 'specific' category operations under a declaration, applicable from 1 January 2024.
Does the Radio Equipment Directive apply to a CE-marked drone?
Generally yes. Annex I point 3 of Directive 2014/53/EU, as replaced by Article 138 of Regulation (EU) 2018/1139, excludes only unmanned aircraft whose design is certified under Article 56(1) of that Regulation and which operate only on protected aeronautical frequencies.
Sources
- Commission Delegated Regulation (EU) 2019/945 — EUR-Lex.
- Commission Delegated Regulation (EU) 2020/1058 (classes C5 and C6) — EUR-Lex.
- Commission Delegated Regulation (EU) 2024/1108 — EUR-Lex.
- Commission Implementing Regulation (EU) 2019/947 — EUR-Lex.
- Commission Implementing Decision (EU) 2024/2103 (EN 4709-002:2023) — EUR-Lex.
- EASA — 'Open' category – civil drones.
- EASA — Easy Access Rules for Unmanned Aircraft Systems.
- European Commission — Harmonised standards for unmanned aircraft systems.