A foreign national is under investigation after flying a drone without the required license or insurance during the Virgen del Carmen maritime procession in Puerto de la Cruz, Tenerife, on July 15. The incident, reported this week by Spain’s National Police, highlights the country’s strict drone regulations and the potential consequences of non-compliance.

The illegal drone activity was detected by law enforcement officers monitoring the popular festival, which draws thousands of attendees each year. Authorities quickly traced the unauthorized drone flight to Hotel Las Águilas, located in the upper area of the municipality. Officers conducted an on-site inspection and confirmed the operator’s identity.

Upon questioning, the tourist admitted to operating the drone without a valid drone pilot license or civil liability insurance—both mandatory under Spanish drone laws. The individual also confessed to being unaware of local regulations, which include the need for prior authorization and coordination with aviation authorities.

The drone was confiscated, and the case has been referred to AESA (Agencia Estatal de Seguridad Aérea – State Aviation Safety Agency) for further administrative action. Penalties for such infractions can be severe, especially when drones are flown in densely populated or sensitive areas.

At the time of the incident, three officially authorized drones were operating at the event—two deployed by the National Police for surveillance and one covering the festival for official purposes. The unauthorized drone posed a potential risk to public safety and privacy, underscoring the importance of following established drone flight regulations in Spain.

Spanish law requires drone pilots to notify the Ministry of the Interior at least five days before flying in urban areas. Additionally, all drone operators must register, obtain proper insurance, and comply with airspace restrictions outlined in the Royal Decree regulating unmanned aerial systems.

AESA provides detailed guidance for both recreational and commercial drone users, helping them understand where and how drones can be flown legally and safely across Spain.

A legal and authorised Drone flight in Spain

Rules for drones in the EU and Spain

Since January 2021, all drone operators in the European Union are subject to Implementing Regulation (EU) 2019/947, enforced in Spain by AESA. Drone operations are classified into three categories based on risk:

Open category: Low-risk recreational flights (most common).
Specific category: Higher-risk operations, such as near people or in urban zones.
Certified category: Large or complex drones (e.g. delivery drones, air taxis).

Even for basic recreational use (e.g., landscape filming), users must:

Register as an operator (mandatory if the drone weighs over 250g or has a camera),
Complete basic training for the open category (available for free online via AESA),
Avoid restricted airspace, urban areas, and protected zones,
Maintain visual contact with the drone at all times.

AESA classifies drone infractions as:

Minor (€60 to €45,000): e.g., lack of insurance, poor labelling, or losing visual line of sight.
Serious (€45,001 to €90,000): e.g., flying without training or in restricted areas.
Very serious (€90,001 to €225,000): e.g., interfering with air traffic, endangering people, or flying near critical infrastructure.

Flying without authorisation is strictly forbidden in the following areas:

Near airports or aerodromes
Protected natural areas
Urban centres, unless with official approval
Large events or demonstrations
Military or emergency service airspace

Additional prohibitions include:

Flying above 120 metres altitude
Night flights (unless specifically approved)
Recording without consent, which may breach privacy laws

To avoid fines and ensure safety, drone users in Spain must:

Register as an operator on the AESA platform.
Complete online training (open category – free).
Label the drone with the operator number.
Take out civil liability insurance, especially for non-recreational use.
Use the ENAIRE Drones app to check real-time flight zone permissions.

Flying a drone in Spain legally