Unmanned Aircraft (Drones)

The Authorization of Operation of Unmanned Aerial Systems (Drones) in Military Airspace or for the Execution of Aerial Surveys is directed to the operators of this type of aircraft and, due to their specific characteristics, requires a differentiated evaluation of their operation. The request for disclosure authorization is an integral part of the form.

UNMANNED AIRCRAFTS (DRONES)

Applicants are encouraged to submit their requests at
least 10 working days in advance.

AERIAL SURVEYS
and/or
FLIGHTS IN AIRSPACE UNDER MILITARY JURISDICTION

FILL IN INSTRUCTIONS

The delivery or sending of the forms can be done by the following ways:

E-mail – The best way for non-residents in Portugal to send the form. Attach it to the email after being signed and scanned as PDF file. The address is imagens.aereas@aan.pt .

Postal mail - Alternative method. The postal address for receiving printed and signed forms is posted at this page footer.

Fax – Another alternative method, and in case of greater urgency, using fax numbers +351 214 726 159 or +351 214 715 330

In person - The applicant, or a representative, may come to the premises of this Office, located at the above mentioned postal address, and during the attendance hours provided at “contacts” on this page.

FREQUENTLY ASKED QUESTIONS FOR UNMANNED AIRCRAFT OPERATORS (Updated as of 2018/04/02)

Introduction
The aim of this set of questions and their answers is to provide information on the topics of use of portuguese national airspace under military jurisdiction by unmanned aircraft and the activities encompassed by the designation Aerial Survey from such aircraft. And by aircraft is meant any machine capable of sustaining flight, even though this approach is directed at the so-called "drones", technically referred to as "unmanned aerial vehicles", characterized by their remote control.
It is advisable, and desirable, for readers to familiarize themselves first with the subject matter of air rules applicable to the operation of drones in Portugal, available on the internet site “voanaboa.pt” (portuguese language only) of the National Civil Aviation Authority (ANAC) before going through the issues addressed here.

# 1 - Why does ANAC redirects some of its answers to the National Aeronautical Authority (AAN)?
The AAN is the national entity responsible for coordinating and executing aeronautical activities in the area of national defense, and exercises powers of the State authority in the Strategic Area of Permanent National Interest (EEINP), in compliance with the guidelines defined by the Minister of Defense, in accordance with Law no. 28/2013, April 12th. One of the attributed powers is the control of aerial survey activities, and the issue of authorizations provided for in specific legislation. Likewise, flight within areas of the national airspace under military jurisdiction is subject to authorization from the AAN.

# 2 - Aerial survey is an activity normally performed by manned aircraft. Why do I have to request authorization if I operate a drone?
The term aerial survey originally defined the use of equipment on board manned aircraft for recording images (photographs) of the terrestrial surface for the subsequent execution of specialized technical products, in particular the topographic surveys.
With the technological evolution, it is through these aerial surveys - that go beyond the traditional Aerial Photography and Video, and that also resort to other sensors for specific objectives - that the raw material that supports the current Information Systems has been obtained, namely the one that is at the base of cartography, orthophotomaps, navigation systems, etc.
The commercial availability of small unmanned aircraft as consumer products (commonly known as drones and used as an extension of popularized "selfies"), which are used by an increasing number of people, and which have more recently expanded to the most diverse personal and commercial activities, brought a new dimension to the issue of obtaining aerial photography and video.
In conclusion, all aircraft with potential for image collection, manned and unmanned, and which may include balloons, and air toys, fall under this definition and are therefore covered by Decree-Law no. 42071, dated December 30th, 1958, regulated by Administrative Rule no. 17568, of February 2nd, 1960, the latter amended by Administrative Rule no. 358/2000, of June 20th.

# 3 - Under what circumstances do I have to request authorization to perform aerial photos and videos?
Following answer nbr. 2, in all situations where it is intended to obtain images using a drone, it is necessary to request authorization from the AAN, whether it has the intention of disclosure or not for the public domain (the most common example being the broadcast on social networks). It is worth remembering that there are other legal regimes as far as image rights are concerned (see FAQ nbr. 15).

# 4 - Who can apply for authorization to perform aerial surveys operating a drone?

Any person, of legal age, who can legally enter the application for authorization by signing the form to be submitted to AAN, may be an applicant. The applicant may also be the performer (the pilot) of the aerial survey, in cases where the user of the images and the performer are one and the same person, but may be different persons. Public or private entities, in the pursuit of their institutional, commercial or other activities, may also assume the role of the applicant.

# 5 - What is the military jurisdiction applicable to airspace?
Consists of the attribution to entities within the scope of national defense of the power to manage the use of portions of the national airspace assigned to the activity of the Armed Forces, to the protection of facilities of interest to national defense, to the protection of facilities where organs of Sovereignty, embassies and consular representations, among others are installed.

# 6 - How can I know if I will operate my drone in airspace under military jurisdiction?
ANAC, along with the implementation of Regulation no. 1093/2016, has created an internet site called “voanaboa.pt” containing information intended for drone operators. The Airspace Use Guide describes, in a simple way, how the portuguese airspace is organized. In addition, to know if you will be in a zone free or with restrictions from the aeronautical point of view, ANAC offers a specific file to be added to "Google Earth ™" application in order to replicate the information on the Guide.

# 7 - Why do I have to request permission to fly with my drone in areas under military jurisdiction?
States have reserved for themselves defense and security prerogatives by defining and using portions of the airspace, whether permanent or temporary by the Armed Forces, or specific areas to safeguard various types of facilities. These areas are published in the aeronautical information provided by ANAC. The AAN is responsible for assessing the risk in the use of such areas by non-military aircraft, in particular by drones in view of their flight characteristics. However, it should be noted that there are areas under military jurisdiction not published in the aeronautical information, in particular those linked to military servitude, and for which AAN also has to carry out risk assessment.
There are areas classified as “Perigosa” (Hazardous), “Proibida” (Forbidden), “Reservada” (Reserved), and “Restrita” (Restricted) under military jurisdiction, and their use for drone flights (one of the specific types of aircraft) depends upon an AAN Authorization. Authorizations to be granted by AAN, both for flight in airspace under military jurisdiction and for air surveys, depend upon a risk assessment based on the data provided on the forms, weighted with internal indicators, and taking into account technical advice from entities with military jurisdiction, in particular the Air Force.

# 8 - In addition to the AAN authorization request, do I have to make an additional request to the Air Force to fly my drone in airspace under military jurisdiction?
No. It is an AAN responsibility to request a technical opinion from the Air Force based on the form received from the applicants. When necessary, and applicable, the Air Force will issue an aeronautical message (NOTAM) that will inform other potential users of the same airspace about your intended activity, or you will be told to contact the military air traffic control agency to inform on the beginning and end of each flight activity.

# 9 - My wife and I are planning a visit to Madeira Island. We would appreciate, for private and personal usage, being able to take pictures and films with a drone. I understand that I don’t need to request an authorization for what we are intending to do if I do not operate above the limits of Regulation 1093/2016. Is this so?
No, that is not so. In accordance with Portuguese law each and every aerial photography and filming action must be risk-assessed (refer to FAQs nbr. 2 and 3) due to national defense and security reasons.

# 10 - I have a competition drone. Do I need to ask permission to disclose the collected images on social networks?
The technical classification for your drone is "model airplane", by definition of ANAC’s Regulation 1093/2016. Therefore, your question may have two answers. If the "model airplane" is used in accordance with Article 8 (confined airspace) of the aforementioned Regulation, the images collected do not require an authorization of capture and dissemination.If, on the other hand, you operate your "model airplane" in unconfined airspace, the rules for most drones apply, and the necessary authorizations are required.

# 11 - After obtaining permission to capture and disseminate images, I was approached by the Maritime Police, being informed that I was not authorized to operate the drone in the place where I was. Is it possible for one Agency to disallow another?
In reality there was no disavowal. The powers of this Authority are summarized in the first answer, and therefore the AAN does not have jurisdiction over the public maritime domain (see FAQ nbr. 15).

# 12 - Being a regular visitor to Portugal, and owning a drone, I would like to use it to do some filming of my vacations. Are there any restrictions since I am not a Portuguese national?
According to national laws and regulations, the operation of drones in the national airspace does not discriminate according to the nationality of the applicants, so all drone operators are bound to comply with national laws and regulations.
On the other hand, “in the case of private entities or individuals, Portuguese or nationals of other Member States of the European Union or of the European Economic Area, authorizations may be granted for the execution of aerial photographs or films (...)” (in no. (2), item b), no. 2, Administrative Rule nbr. 17568, February 2nd, 1960, this amended by Administrative Rule nbr. 358/2000, june 20th). Accordingly, the obligations in this regard are in all respects identical for all citizens or entities of the aforementioned economic spaces.

# 13 - What limitations can be imposed by AAN in response to an application for air survey authorization?
The limitations may have an impact on the airspace, time and / or flight parameters that the applicant intends to use and may ultimately result in rejection of the request. Exemplifying:

a. Limitations in airspace, and therefore in the land space where the operator performs the control of the drone.

(1) The central geographic coordinate and the radius define the circular area on the ground where the flight operation is to be performed. If an applicant intends a radius greater than 9000 meters, it should consider defining a polygonal area or a route. Otherwise the AAN may limit the radius in a manner commensurate with the activity that the applicant intends to perform versus the risk assessment. Consider, alternatively, to define as many circular areas as necessary for your activity.

(2)   The polygonal area allows the applicant greater flexibility to define its area(s) of operation, particularly when near areas under military jurisdiction. The applicant should limit as far as possible the covered area of territory in such a way that the assessment by the AAN does not invalidate the issuance of authorizations. If applicable, for instance consider setting up two areas for your activity.

b. The time limitation relates to the duration of authorizations, which for drones have a maximum timespan of sixty days, but which may be reduced in regard to the type of airspace, in particular if it is under military jurisdiction.

      (1)   If the day(s) or time period(s) intended coincides, in whole or in part with, for instance with military activities in airspace under military jurisdiction, the request may be reduced in time, or even dismissed, but AAN will always try to conciliate with the applicant.

     (2)  In the areas under AAN jurisdiction, provided for in Decree-Law nbr. 248/91 of 16 July, the maximum period to be granted is two consecutive days. This Decree was regulated by Administrative Rule nbr. 837/91, of August 16th, this one added by Administrative Rule nbr. 362/97, of June 2nd.

c. The AAN Office may impose limitations on flight parameters, in particular with respect to the maximum height authorized if the intended airspace for the operation is under military jurisdiction. For instance, flights Beyond Visual Line of Sight (BVLOS) in airspace under military jurisdiction are not allowed.

# 14 - I have made some requests for authorization to ANAC, and I am familiar with their form. But how should I identify an area of operation in airspace under military jurisdiction?
The use of airspace under military jurisdiction may be conditioned for various reasons, but the data needed to characterize an area are all alike. You can define circular areas, polygonal areas, or routes, by filling in the appropriate AAN form box. More detailed information are available at the Forms filling in instruction (Aerial Surveys / Forms page).

# 15 - Both the AAN form and the Authorization issued calls the attention to other legal regimes. Is not AAN authorization sufficient to capture and disseminate images?
No. It should be noted that the title of AAN’s Form specifies the scope of the authorization issued by AAN, the “operation of unmanned aerial systems in military airspace or for the execution of aerial surveys” in Portugal. Other legal regimes, contained in legal and regulatory documents that may have to be fulfilled, under the responsibility of the applicant are, among others:

a. Image rights of immovable cultural heritage, under the jurisdiction of the Directorate-General for Cultural Heritage, which requires specific authorization (see table 6.3 of the form);

b. The image rights and their protection enshrined, in particular, in the Law of Protection of Personal Data (see website www.cnpd.pt);

c. The use of the space belonging to the National Network of Protected Areas or its overflight, which requires specific authorization from the Institute for Nature Conservation and Forestry (see table 6.3 of the form and consult the website www.icnf.pt/portal);

d. The operation of a drone from the public maritime domain (including coastal, territorial and inland waters subject to the influence of tides and their respective beds and margins) may, where applicable, require authorization by the National Maritime Authority, through its competent bodies such as the Maritime Police. For example, a drone operator using a beach to carry out the flight control may be subject to inspection by the Maritime Police.

# 16- Is there a cost associated with the issuance of Authorizations by the AAN?
No. Although it is planned to introduce a fee for the issuance of Authorizations, the amount and the charging procedure are still pending.

If this set of questions and answers does not clarify your doubts, we thank you to contact us at imagens.aereas@aan.pt. Your contribution will help reduce the doubts of all users.