--- title: "We sell drones or drone accessories" description: "Drones sold for the 'open' category must meet the requirements of a UAS class under Delegated Regulation (EU) 2019/945, carry the class identification label and CE marking, and come with the manufacturer's instructions, the EASA information notice and a declaration of conformity. The radio link brings in the Radio Equipment Directive. Since 1 January 2024, drones without a class label have limited use under Implementing Regulation (EU) 2019/947." type: "problem" url: "https://www.conphora.com/solutions/problem/drone-product/" markdown: "https://www.conphora.com/solutions/problem/drone-product.md" locale: "en" language: "en" updated: "2026-10-05" author: "Conphora compliance team" publisher: "Conphora" source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019R0945-20250624" tags: ["UAS", "RED", "placing-on-market"] license: "Free to quote with attribution and a link to the page" --- # We sell drones or drone accessories Drones sold for the 'open' category must meet the requirements of a UAS class under Delegated Regulation (EU) 2019/945, carry the class identification label and CE marking, and come with the manufacturer's instructions, the EASA information notice and a declaration of conformity. The radio link brings in the Radio Equipment Directive. Since 1 January 2024, drones without a class label have limited use under Implementing Regulation (EU) 2019/947. ## Why this happens Drones are regulated twice: once as products and once in the air. Delegated Regulation (EU) 2019/945 sets the requirements for the design and manufacture of unmanned aircraft systems intended to be operated under Implementing Regulation (EU) 2019/947, and the rules for making drones, accessories kits and remote identification add-ons available on the market (Article 1(1)–(2)). Its product chapter applies to drones for the 'open' category, or for declared operations in the 'specific' category, that bear a class identification label, to class C5 accessories kits and to remote identification add-ons (Article 2(1)). It does not apply to drones intended to be operated exclusively indoors (Article 2(4)). [1] Each class label stands for a set of requirements in the Annex (Article 4(1)). Class C0, for example, requires a maximum take-off mass below 250 g including payload, a maximum level speed of 19 m/s, a height limit of 120 m above the take-off point, electric power only, a follow-me range of no more than 50 m, manufacturer's instructions on the drone's characteristics, limitations and risks, and the EASA information notice (Annex Part 1). Toys are exempt from some C0 points (Part 1 point (10)). Drones that are not toys must also meet the Machinery Directive's health and safety requirements for risks other than flight safety (Article 4(2)); from 20 January 2027 that reference is read as one to Regulation (EU) 2023/1230 (Article 51(2) of that regulation), and software updates may be made only if they do not affect compliance (Article 4(3)). [1] The manufacturer's duties follow the familiar pattern. It draws up the technical documentation, carries out the conformity assessment of Article 13, then draws up the EU declaration of conformity and affixes the CE marking (Article 6(2)), keeping both for 10 years (Article 6(3)). Internal production control is available only for Parts 1, 5, 6, 16 or 17 and only with harmonised standards applied for all requirements they cover; otherwise EU-type examination or full quality assurance applies, the latter not for toys (Article 13(2)). The drone bears a type and a unique serial number (Article 6(5)) and the manufacturer's name, website and postal address (Article 6(6)), and comes with instructions and the information notice in an understandable language (Article 6(7)) and a copy or simplified version of the declaration (Article 6(8)). [1] The radio link adds a second act. A product that intentionally emits or receives radio waves for radio communication is radio equipment (Directive 2014/53/EU Article 2(1)(1)), and the directive excludes only certain aviation equipment, among them unmanned aircraft with a certified design that operate only on protected aeronautical frequencies (Annex I point 3(b)). Delegated Regulation (EU) 2022/30, which applies until its repeal by Delegated Regulation (EU) 2026/339 on 11 December 2027, does not apply its privacy and fraud requirements to radio equipment also covered by Regulation (EU) 2018/1139 (Article 2(2)(a)); whether that covers a given drone, and so leaves only the network requirement, should be checked for the product. [3] The operating rules shape what customers can do with what you sell. The 'open' category requires a drone of one of the 2019/945 classes, a privately built drone, or one covered by Article 20 (Implementing Regulation (EU) 2019/947 Article 4(1)(a)). Article 20 lets drones without a class label that were placed on the market before 1 January 2024 keep flying in subcategory A1 below 250 g or in A3. Operators register when flying a drone of 250 g or more, or one with a sensor able to capture personal data unless it complies with the Toy Safety Directive, and display their registration number on the drone (Article 14(5) and (8)). [2] General product safety law is not switched off for drones. The GPSR excludes only aircraft referred to in Article 2(3)(d) of Regulation (EU) 2018/1139 (GPSR Article 2(2)(h)), which are the low-risk manned aircraft and certain tethered aircraft listed in Annex I to that regulation. A consumer drone is not on that list, so the GPSR can apply to it as far as no specific provisions with the same objective in Union law regulate its safety (GPSR Article 2(1)). [4] [5] ## How to solve it 1. **Identify what you actually sell** Sort the range into class-labelled drones for the 'open' category, drones without a class label, class C5 accessories kits, remote identification add-ons, spare parts and indoor-only drones. Chapter II of Delegated Regulation (EU) 2019/945 covers the first three groups and the add-ons; drones intended to be operated only indoors are outside it. 2. **Check the class requirements behind the label** Each class label stands for a set of requirements in the Annex. A C0 drone, for example, has a maximum take-off mass below 250 g, a maximum level speed of 19 m/s, a height limit of 120 m above take-off, is powered by electricity only and keeps follow-me mode within 50 m. 3. **Choose the conformity procedure and check the radio part** Internal production control is allowed only for Parts 1, 5, 6, 16 or 17 and only with harmonised standards applied for all requirements they cover; otherwise use EU-type examination or full quality assurance, which is not available for toys. The radio link makes the drone radio equipment under Directive 2014/53/EU as well. 4. **Check what goes in the box** Each drone needs a type and unique serial number, the manufacturer's name, website and postal address, the manufacturer's instructions and the EASA information notice in a language consumers understand, and a copy of the EU declaration of conformity or a simplified one with the serial number. 5. **Tell buyers what the operating rules ask of them** Operators register when flying in the 'open' category a drone of 250 g or more, or one with a sensor that can capture personal data unless it complies with the Toy Safety Directive. Drones without a class label placed on the market before 1 January 2024 may still fly, but only in subcategory A1 below 250 g or in A3 below 25 kg. ## What you need to show - **Technical documentation with the elements of Part 10 of the Annex** — The manufacturer (Delegated Regulation (EU) 2019/945 Articles 6(2) and 17(1) and Annex Part 10) - **The EU declaration of conformity, or a simplified one with the web address of the full text, carrying the unique serial number** — The manufacturer (Delegated Regulation (EU) 2019/945 Article 6(5) and (8)) - **Manufacturer's instructions and the EASA information notice in the buyer's language** — The manufacturer (Delegated Regulation (EU) 2019/945 Article 6(7) and Annex Part 1 points (8)–(9)) ## If you do nothing - **Unlabelled drones have limited use in the open category** — The 'open' category requires a drone of one of the classes in Delegated Regulation (EU) 2019/945, a privately built drone, or one meeting Article 20 (Implementing Regulation (EU) 2019/947 Article 4(1)(a)); Article 20 covers only drones placed on the market before 1 January 2024, in A1 below 250 g or in A3 below 25 kg. - **Non-conforming drones must be corrected, withdrawn or recalled** — Manufacturers who consider or have reason to believe that a product they placed on the market is not in conformity must immediately take corrective measures, withdraw or recall it, and inform the market surveillance authorities where it presents a risk (Delegated Regulation (EU) 2019/945 Article 6(9)). - **Software updates can break conformity** — Software updates of products already on the market may only be made if they do not affect the product's compliance (Delegated Regulation (EU) 2019/945 Article 4(3)). ## Questions ### Can we still sell drones without a class label? The open category accepts drones without a class label only if privately built or covered by Article 20, which applies to drones placed on the market before 1 January 2024 (Implementing Regulation (EU) 2019/947 Articles 4(1)(a) and 20). The transitional period of Article 22 ended on 31 December 2023. The regulation governs operation, not sale; it does not itself prohibit making such drones available, but it limits how buyers can fly them. ### Do our customers have to register? Operators register when flying in the 'open' category a drone with a take-off mass of 250 g or more, one that can transfer more than 80 joules on impact, or one with a sensor able to capture personal data unless it complies with the Toy Safety Directive (Implementing Regulation (EU) 2019/947 Article 14(5)). ### Is a toy drone exempt? Not fully. A C0 drone that is a toy is exempt from the C0 points on controllability, injury reduction and electric power (Delegated Regulation (EU) 2019/945 Annex Part 1 point (10)), and full quality assurance is not available for toys (Article 13(2)(c)). The toy rules apply on top. ### Are indoor drones covered? No. Delegated Regulation (EU) 2019/945 does not apply to drones intended to be exclusively operated indoors (Article 2(4)). Other acts, such as the toy or radio rules, can still apply. ### Does the Radio Equipment Directive apply to drones? A drone whose controls or video link intentionally emit radio waves is radio equipment (Directive 2014/53/EU Article 2(1)(1)). The directive excludes only unmanned aircraft with a certified design that operate only on protected aeronautical frequencies (Annex I point 3(b)). ## Regulations involved UAS, RED ## Sources 1. [Delegated Regulation (EU) 2019/945 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (consolidated text of 24 June 2025)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019R0945-20250624) — EUR-Lex, 2026-10-04 2. [Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft systems (consolidated text of 1 May 2025)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019R0947-20250501) — EUR-Lex, 2026-10-04 3. [Directive 2014/53/EU on radio equipment (consolidated text of 30 May 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014L0053-20260530) — EUR-Lex, 2026-10-04 4. [Regulation (EU) 2023/988 on general product safety (consolidated text of 29 May 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R0988-20260529) — EUR-Lex, 2026-10-04 5. [Regulation (EU) 2018/1139 on common rules in the field of civil aviation](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018R1139) — EUR-Lex, 2026-10-04