Drone Regulations: Portugal

A new regulation from the Portuguese Civil Aviation Authority (ANAC) on the operation of UAS was recently enacted in Portugal (ANAC’s Regulation nr. 1093/2016 of 14th December 2016 which came into force on 14th January 2017). Under the rules set forth in the said regulation, all UAS, including UAS toys (i.e. UAS without a combustion engine, with less than 0.250 kg and only intended to be used for recreational purposes by children with less than 14 years of age), are qualified as aircraft.

UAS operations in Portugal are supervised by ANAC under Regulation nr. 1093/2016 of 14th December 2016.

The use of drones for videos or photography is subject to the prior authorization of the National Aeronautical Authority/Portuguese Air Force and may also be subject to prior authorization from the Portuguese Data Protection Commission.

Yes, there is. State UAS are used for military, customs, or police services and they are subject to special regulation. Only Private UAS are subject to the rules of ANAC’s Regulation nr. 1093/2016.

No. There is only a distinction between “State UAS” and “Private UAS”.

In the definition of UAS included in section 2(f) of ANAC’s Regulation nr. 1093/2016 of 14th December 2016, it is clearly stated that UAS can be completely autonomous or remotely-piloted. However, the rules set forth in the said regulation are expressly aimed at remotely-piloted UAS and are being opened to discussion as to if they should also be extended to completely autonomous UAS (as we believe they should).

UAS toys can only fly by day, up to an altitude of 100 ft., and have to maintain a horizontal clearance of at least 30m in relation to any person below. They can also only operate in Visual Line of Sight (VLOS) flights.

Regular UAS can fly by day, up to an altitude of 400ft., and in VLOS. However, regular UAS can only operate (i) by night, (ii) at an altitude higher than 400ft., or (iii) Beyond Visual Line-of-Sight (BVLOS) with the prior authorization from ANAC. Under certain circumstances (e.g. in remote locations and with First-Person-View camera) regular UAS with less than 1.0kg can also be operated in BVLOS at an altitude below 16ft. without prior authorization of ANAC.

Operating UAS with more than 25kg is always subject to the prior authorization of ANAC.

If a UAS operator spots a regular aircraft nearby he/she must immediately land the UAS. All UAS must also be operated with signaling lights turned on at all times (even during the day).

ANAC’s regulation also establishes no-flying zones for UAS (e.g. in the vicinity of airports, military zones, over crowds of more than 12 people).

The rule of 1 UAS = 1 pilot is expressly applicable in all VLOS flights. Since nothing is said in respect to BVLOS flights, by exclusion it would appear that the said rule is not applicable.

As mentioned before, depending on the nature of the UAS and the type of flight, a prior authorization from ANAC may be required where a number of information pertaining to the type of flight and flight plan, details of the UAS, and the identification of the pilot is required. As a general rule, such authorization must be requested from ANAC with at least 12 working-days in advance and preferably by email.

The use of drones for videos or photography is subject to the prior authorization from the National Aeronautical Authority/Air Force (the request must be made through a specific form filed in person at the National Aeronautical Authority’s office) and may also be subject to prior authorization from the Portuguese Data Protection Commission.

No.

There is no mandatory requirement for a Certificate of Airworthiness. However, before any flight the pilot of the UAS must first make sure that the UAS and all related equipment is in proper working order.

No

N/A.

It is not regulated.

No. General data & Privacy Protection rules are applicable.

N/A.

N/A.

N/A.

N/A.

UAS with a maximum operating mass of more than 250 grams must be registered with the ANAC (Portuguese CAA).

Any vendor of such UAS must communicate the sale to ANAC. Subsequent sales must also be registered.

Although a law was already passed by the Portuguese parliament (Decree-Law nº. 58/2018 of 23 July), registration will actually only become mandatory as soon as the registry platform is made available by the Portuguese authorities.

The UAS operator.

No

N/A.

The limitations mentioned in 6 above are applicable. Flying beyond 400ft. is always subject to the prior authorization from ANAC.

No.

The limitations mentioned in 6 above are applicable.

The same ones established for model aircrafts.

ANAC’s regulation establishes no-flying zones for UAS (e.g. in the vicinity of airports, military zones, buildings of official entities, over crowds of more than 12 people). UAS also cannot operate on Prohibited Areas, Restricted Areas, Danger, Reserved, or Temporarily Reserved Areas.

Airport operators with an annual volume of passenger traffic of more than 1 million passengers per year must install systems for the detection and disabling of drones. Such systems must be approved by ANAC.

N/A.

No

UAS operators are strictly liable for any damage caused to third parties, except if the accident was exclusively caused by the party who sustained the damage.

No

N/A.

UAS with a maximum operating mass of more than 900 grams must have a civil liability insurance policy.

The mandatory conditions for the said insurance policy have not yet been determined by the Portuguese authorities. Thus, UAS operators are not required to take such insurance policy.

In principle, the policy should provide coverage for damage caused by the UAV to third parties. Hence, both the operator and the actual pilot of the UAS should be protected under the said coverage for damage caused to third parties.

In any case, the mandatory conditions for the liability insurance policy have not yet been determined by the Portuguese authorities.

There are no specific rules for UAS. General state aid rules are applicable.

N/A.

N/A.

General state aid rules are applicable.