Mandatory Local Assessment

In plain language

Before flying in Portugal, you must conduct a local assessment of your flight area, checking local airspace rules, terrain, population density, and weather conditions to ensure your safety measures are compatible.

Requirement as structured

ANAC's cross-border guidance states that a UAS operator (holding an operational authorisation, or an LUC without the relevant privileges) must carry out a local assessment of local conditions in the area of operation, covering airspace analysis, terrain and demographic characteristics and climatic conditions.

Original regulatory text

UAS operators and Remote pilots of the Open Category can operate in another EU Member State with the same competency documents issued by the member state of registry or that issued the certificate. However, they must verify if specific legal requirements of that Member State are applicable, namely regarding the prohibitions or access restrictions in some geographical zones (https://dnt.anac.pt). Other legal rules that are not directly related to aviation may also apply (local conditions), namely regarding sovereignty, privacy, insurance, environmental and noise. Operators of unmanned aircraft systems that operate under the open category requirements and intend to operate in another Member State are responsible for collecting the necessary information. An open category UAS operator registered in another Member State of the European Union can operate in Portugal without prior authorization (only provided if in the specific category e.g. CBO) from the Portuguese Civil Aviation Authority (ANAC). The rules of the open category and its subcategories should be followed. If these rules and procedures are not possible to comply (open category limitations), the operator should not start an operation. All EU UAS operators, namely those operating in the open category, need to have in mind that the state implemented national geo-zones (GZ). You shall adhere to Portuguese GZ access conditions. \- To operate in Portugal in the open category, the UAS operator registered in another European Union country shall comply with the following conditions: Have a valid UAS operator registry number issued by an EU Member State. The UAS operator number must be attached to the ‘ drone’ frame and an active and UpToDate remote identification system must be used when the UAS have such functionality (C1, C2, C3, C5 and C6 or in case an attached system is available) and in accordance with what is required in terms of airspace (for example geographical zones); \- Operate a C class labeled UAS suitable for the open subcategory (A1, A2 or A3), or when without, the operation will be limited to A1 (less than 250g) and A3 (any up to 25Kg) subcategories; \- The operator should verify the geographical zones (GZ) published here ( https://dnt.anac.pt). JSON format is available here (ED-269 / ED-318 standard) to be uploaded to the compatible UA. Download the tutorial for the geographical zones here: TUTORIAL ZONAS GEOGRÁFICAS (PT e EN) Regarding local conditions, please take in mind that the military authority may issue a ZEA (“Zona de Exclusão de Espaço Aéreo”, Airspace Exclusion Area/No Fly Zone). A ZEA is a short notice airspace prohibition (to all civilian aviation, manned and unmanned), implemented in a limited timeframe for a military and law enforcement operation aiming internal security and military objectives. The ZEA is established by AAN. We strongly suggest to verify the local conditions available in the point 4 “summary”, the tutorial and the AAN temporary restrictions available in this webpage. Finally, if you intend to operate in a ZG in which ANAC is the “Manager” it means that you fall automatically in the specific category (no possible to operate in the open category) and the only available option is hold a valid operational authorization OAT or a Light Unmanned UAS operator certificate (LUC) issued by your state or registry and request an CBO to ANAC 2. CROSS BORDER OPERATION (CBO) IN THE SPECIFIC CATEGORY - OPERATOR REGISTERED IN ANOTHER EU COUNTRY INTENDING TO OPERATE IN PORTUGAL WITH THE OPERATIONAL AUTHORISATION (OAT) or LUC ISSUED BY THE MEMBER STATE OF REGISTRATION Operational authorizations of the Specific Category and LUC, issued by your country of registry, are recognized in all European Union Member States, including in Portugal. When the operator intends to use a valid operational authorization (OAT) or LUC issued by is state of registry in Portugal (conduct a cross border operation), the UAS operator has to ensure that in the location of operation in Portugal, the conditions are identical to those observed in the area over which the authorization was issued or aligned with LUC privileges imposed by his Member State of registry. The UAS operator (OAT or LUC without proper privileges) must perform a local assessment (verification of local conditions) in the area of operationthat include an airspace analysis (e.g. geographical zones, airspace classification and other airspace management local conditions), terrain and demographic characteristics (e.g. static and dynamic population density), as well as climatic conditions (e.g. weather). If you are an UAS operator registered in another EU state, holder of a valid OAT or LUC and you intend to operate in Portugal, you shall submit a cross border application to ANAC as per article 13 of Commission Implementing Regulation (UE) 2019/947. Please take in mind that a local assessment (verification of local conditions) is always required and you should verify if the mitigations in the OAT are compatible to the location of operation in Portugal. LUC holders can carry out cross-border operations in any EU Member State without the need of issuance of a new LUC or operational authorization request. They only have to submit to the Competent Authority of that Member State the LUC issued by its member state of the registry and the locations (s) of operation were is possible to operate under the LUC privileges. ANAC will process the application request in the same way as a cross border operation where an OAT is used. A confirmation of acceptability is provided and may be used to facilitate or allow coordination with other entities or authorities. In case of a LUC you should ensure that the privileges could be applied according with the local conditions (specific to the area of operation in Portugal) and the expectation is that your management system during the execution is able to identify if it is possible or not to conduct the operation. If the local assessment identifies the need to adjust significantly the SORA that supported the OAT, most probably the CBO will not be issued. If the mitigations can be accepted, meaning, a change in the mitigations is required due to the local assessment (e.g. different air risk), if considered tolerable, ANAC could input in the cross-border authorization the need to update the mitigations and the authorization will be issued to the UAS operator and to the competent authority that issued the OAT. Such mitigations need to be updated in the OAT by the counterpart NAA/CAA (issue a revision of the OAT and include new locations if deemed necessary). If the mitigation is not relevant (e.g. remarks or observation) and do not impact the SORA document and OAT (e.g. change the air risk, ground risk, SAIL), probably there is no need to input substantial changes. Anyway, the country that issued the OAT (state of registry) is the responsible to decide and update the mitigations specific for the location available in the CBO (input by the State of operation). It is suggested that UAS operators, before any cross-border application, prior the preparation, consult the useful information available in this webpage. Regarding the local conditions for both categories (open and specific), an essential part of information is the national geographical zones available in JSON format in accordance with ED-269 AND ed-318 standardS (single common digital format referred into the n.º 3 of article 15.º of Commission Implementing Regulation (EU) 2019/947, available on the subpage “ Zonas Geográficas e Espaço Aéreo U” ( here) or in gz Map viewer ( here). The operator of the specific category intending to conduct a CBO shall submit to ANAC an application using the proper template and the local assessment document specific for the location of operation. Due to the national conditions, need to coordination with other domains and state entities, the location(s) must be know precisely including if the UAS operator is a holder of a generic OAT. The operator may commence the operation as soon as ANAC issue the CBO. ANAC issue a confirmation of acceptability or a confirmation of receipt and completeness. The confirmation of acceptability template provided in EASA AMC is used for both situations. UAS Operator registered in EU Member state (MS) intending to operate in another EU Member State (Portugal)

Applies when

operation

cross-border