Cross-border operations

All approvals, including the proof of completion of online training, the certificate of competency in the Open Category or the confirmation of declarations and operational authorizations in the Specific Category operators are mutually recognized within the European Union.

Note: An ANAC decision is always required including If the LUC holder have the privilege to apply local conditions. If the privileges include an airspace reservation as a mitigation, the local conditions related with the Portuguese airspace management require an ANAC decision. No civilian airspace allocation is possible (e.g. NOTAM, airspace reservation) in the Portuguese Airspace without an approval of ANAC. Any airspace allocation needs to be limited in time and airspace (minimum to achieve the objective). The airspace should be used efficiently, meaning that NOTAM with low rate of utilisation, blocking the access to other undertakings, for example, UAS operators and manned aviation airspace users isn’t tolerable. The concept of continuity and availability of airspace should be always be present when proposing mitigations.

If operating in Portuguese Controlled airspace and no U-space is implemented, the UAS operators should contact and agree the coordination process with the ATS unit before submit the application to ANAC. If U-space is available a lighter process adjusted to the specific airspace could be proposed and included in the manual (coordination procedure only in case of emergency). The process of coordination could be different from unit to unit since the capacity to participate in the coordination could be reduced due to the high traffic demand and need to focus in ATC service provision.

The air risk increases in Portugal during the summer near the coastline (SPO manned operations and crowded beaches) and in AGIF wildfire risk priority areas (low level operational and training manned aviation operations during the wildfire season). The operation is conducted both by civilian and military aircrafts (real operations and training). Lakes, rivers and dams or internal waters will have an increased encounter risk (ditching training to collect water). A failure to properly assess these local conditions, information available in AIP supplements, NOTAMs or in public state information could lead to a situation of not issuing the confirmation of acceptability or of confirmation of receipt and completeness.

2.2. If using a LUC:

- Filled and signed application form;
- A copy of the terms of approval received in accordance with point UAS.LUC.050 of the Annex to the UAS Regulation; and
- The location(s) of the intended operation in accordance with paragraph 1(b) of Article 13(1) of the UAS Regulation.

Note: An ANAC decision is always required including If the LUC holder have the privilege to apply local conditions. If the privileges include an airspace reservation as a mitigation, the local conditions related with the Portuguese airspace management require an ANAC decision. No civilian airspace allocation is possible (e.g. NOTAM, airspace reservation) in the Portuguese Airspace without an approval of ANAC. Any airspace allocation needs to be limited in time and airspace (minimum to achieve the objective). The airspace should be used efficiently, meaning that NOTAM with low rate of utilisation, blocking the access to other undertakings, for example, UAS operators and manned aviation airspace users isn’t tolerable. The concept of continuity and availability of airspace should be always be present when proposing mitigations.

If operating in Portuguese Controlled airspace and no U-space is implemented, the UAS operators should contact and agree the coordination process with the ATS unit before submit the application to ANAC. If U-space is available a lighter process adjusted to the specific airspace could be proposed and included in the manual (coordination procedure only in case of emergency). The process of coordination could be different from unit to unit since the capacity to participate in the coordination could be reduced due to the high traffic demand and need to focus in ATC service provision.

The air risk increases in Portugal during the summer near the coastline (SPO manned operations and crowded beaches) and in AGIF wildfire risk priority areas (low level operational and training manned aviation operations during the wildfire season). The operation is conducted both by civilian and military aircrafts (real operations and training). Lakes, rivers and dams or internal waters will have an increased encounter risk (ditching training to collect water). A failure to properly assess these local conditions, information available in AIP supplements, NOTAMs or in public state information could lead to a situation of not issuing the confirmation of acceptability or of confirmation of receipt and completeness.

The list of Competent authorities is available in EASA website. The available contacts could be used to inform your NAA. (https://www.easa.europa.eu/en/domains/civil-drones/naa).

2.3. Specific Category (STS)

If the UAS operator that declared his STS operation in another EU member state (of registry) and intends to operate according to a standard declarative Operation Scenario, to which he already holds the confirmation of receipt and completeness issued by his Member State of registry, he must submit to Member State of operation (in Portugal ANAC), the declaration and a copy of the receipt and confirmation of completeness. When submitted the operator could start the operation, unless the objective in conduct practical training activities. You should be aware of the national geographical zones and local conditions that can cause a negative impact (e.g. ZG, wildfire, security, privacy and noise national rules). The documents required for UAS operators is:

- STS Declaration;
- Confirmation of receipt and completeness of the STS.

Regarding recognized entities or operators to conduct STS practical training, registered in other EU member state and intending to provide the training in Portugal, he should consider the local condition in force by the national Regulation No. 372/2023, that establishes the process for recognition of practical assessment training organizations in the European STS. The documents required for UAS operators that conduct a CBO for practical training in Portugal are:

• UAS operators recognized to perform practical training (conduct training only to remote pilots of the operator)
  - A document in Portuguese informing ANAC; 
  - The operational declaration for that STS and the respective confirmation of receipt and completeness;
  - The declaration in Appendix 4 of the Annex to the European UAS Regulation;
  - A description of the representative locations for the purposes of ensuring that it operates in representative sites in the same way as recognized national organizations (STS compatible locations/conditions) as well inform LEA;
  - Up to date operations manual and adjusted to the specific national conditions (locations if Portugal where the training is conducted), that should be available in the event of inspection/enforcement by law enforcement or any other authority, namely ANAC.

Note: A change in the declaration could be required to update the OM with the practical training locations. Please contact your state of registry. Contact your authority first.

• UAS operator that is a recognized entity to perform practical training (conduct training to any remote pilot candidate of any organization)
  - A document in Portuguese informing ANAC; 
  - Recognition document issued by the state of registry;
  - A description of the representative locations for the purposes of ensuring that it operates in representative sites in the same way as recognized national organizations (STS compatible locations/conditions);
  - Up to date operations manual and adjusted to the specific national conditions (locations if Portugal where the training is conducted), that should be available in the event of inspection/enforcement by law enforcement or any other authority, namely ANAC.

Note: A change in the declaration could be required to update the OM with the practical training locations. Please contact your state of registry.

The expectation for the STS organisations (operators or recognized entities) is that you have already your manual and procedures adapted to Portugal local conditions. We strongly suggest to provide in advance information about the locations to add information relevant to law enforcement and military entities.

Note: A power attorney is accepted in case the UAS operator chose to have a representative in Portugal to liaise with ANAC. The limits should be established in the document (e.g. level of empowerment, matters and scope etc.).

2.4.  Procedure to be applied in the case of a UAS operator registered in another EU country and intending to operate in Portugal

To apply for a CBO:

a) Go to “Formulários”, fill and sign CBO application template “4. Operações Transfronteiriças / Cross border operations” (here);
b) Depending the type, authorization (OAT), declaration (STS) or certificate (LUC), assemble the application documents as referred in 2.1., 2.2. or 2.3, as applicable;
c) Submit the documentation package via email uas.spec@anac.pt.

According with portuguese CPA (Código do processo Administrativo):

- The language of application is Portuguese but we accept documentation in English. If the manuals and documents aren’t written in English you need to provide and authenticated translation provided by official translator. To avoid unnecessary delays, we strongly suggest to have all signed/authenticated documents in English, including the OAT, LUC, confirmation of receipt and completeness and the relevant parts of OM (authenticates translation of the relevant chapters), as applicable.
- The CPA states that a decision must be taken in 60 days and an additional extension of 30 days is possible (total of 90 days). We strongly suggest to avoid unnecessary delays to find locations that match the conditions/mitigations of your OAT or privileges of the LUC. Is important to have the relevant parts of the OM already updated and approved in case new mitigations are required or need to be changed to avoid unnecessary delays.

Note: The CBO could be issued in 10 working days if quality documentation is provided (include proper assessment of the local conditions).

Note: ANAC is still implementing an online system to submit and issue authorizations, certificates and confirmations of acceptability or confirmations of receipt and completeness in the UAS operator registry webtool https://uas.anac.pt/ . If you are a UAS operator that hold a valid UAS operator number issued by your state of registry you can create free of charge an account (get Registered) in ANAC website using your email to register. The registry could be done by selecting “natural person” or “legal person” and under “other EU member state”. You can input your UAS registry number issued by your member state of registry. Currently this registration is not compulsory, but in the future, when the electronic submission and authorisation system is implemented, it will be necessary to register and declare the UAS operator registration number. At this stage it is optional, but we suggest that it be done to populate the database in advance. Please note that ANAC will not issue a UAS operator registry number.