In October 1999, as post-apartheid South Africa was finding its place in the international community, the country signed a landmark trade and cooperation agreement with the European Community, while the European Union was still in its infancy. The agreement reflected a broader ambition: to open a new chapter in South Africa’s history through international cooperation.
More than 25 years later, South Africa’s aerospace industry has developed advanced unmanned aircraft and autonomous systems. Yet for manufacturers eyeing Europe, technological excellence alone is not enough.
A successful aircraft is not necessarily a market-ready product. Yet the right to sell it in Europe does not automatically confer the right to operate it. After all, this is Europe, where even taking to the skies comes with its own set of rules.
Understanding that distinction is the first step towards a viable European market strategy.
The first question: what exactly are you selling?
European drone regulation rests on two closely connected instruments. Commission Delegated Regulation (EU) 2019/945 addresses product requirements for unmanned aircraft systems within its scope, while Implementing Regulation (EU) 2019/947 governs their operation.
For manufacturers, Regulation 2019/945 is the natural starting point, but its application depends on the type of aircraft and its intended use.
EU product classes C0-C4 primarily serve the open category, while C5 and C6 support operations under standard scenarios, each subject to specific technical requirements.
Where applicable, manufacturers must demonstrate conformity, issue an EU declaration of conformity and affix CE and class markings, while importers and distributors have their own legal obligations.
CE marking and class identification serve different regulatory purposes.
Larger or specialised unmanned aircraft may require different technical assessments, operational authorisations or certification. Manufacturers should identify the applicable European regulatory requirements before finalising their product design and market strategy.
Beyond market access: the right to operate
Operational approval follows a different set of rules under Regulation (EU) 2019/947.
European drone operations are divided into three categories: open, specific and certified. Classification depends on operational risk, not commercial purpose.
The open category covers low-risk operations, while more complex missions, including most beyond-visual-line-of-sight (BVLOS) flights, fall within the specific category.
This is where the Specific Operations Risk Assessment (SORA) comes into play.
For many complex operations, SORA 2.5 provides the framework for operators to do their safety homework before taking to the skies.
Yet misunderstanding SORA can mean getting off to a bad start.
SORA is neither a product certificate nor a manufacturer’s licence; it is often the key to securing operational authorisation.
For manufacturers, the aircraft’s technical characteristics will be crucial in demonstrating operational safety.
Regulatory readiness is more than compliance; it is part of the aircraft’s value proposition.
The old legal maxim locus regit actum (the place governs the act) offers a useful analogy. An aircraft developed and approved in South Africa does not escape European regulatory requirements simply by crossing a border. In aviation, geography matters: where an aircraft operates can be just as important as where it was designed and manufactured.
One aircraft, multiple purposes
South Africa’s aerospace industry illustrates why regulatory classification cannot be reduced to aircraft size or performance.
Milkor’s 380 showcases South Africa’s long-endurance UAV capabilities, while Paramount’s V-Raven combines vertical take-off and landing (VTOL) technology with surveillance and military applications.
European civil aviation rules do not automatically govern every military unmanned aircraft. Regulation (EU) 2018/1139 excludes certain military, customs, police and similar public-interest activities from its scope, subject to the conditions established by that legislation.
A dual-use surveillance platform may serve both civilian and military purposes, but its regulatory treatment depends on its characteristics, intended use and applicable legislation.
Export controls introduce a separate question.
South African export controls must be assessed separately from European import requirements, while EU Regulation 2021/821 may also affect subsequent exports or transfers of controlled dual-use technology.
From South African engineering to European customers
Today’s geopolitical climate presents new opportunities for South African manufacturers in Europe, not only for complete aircraft but also for sensors, software, communications systems and specialist components.
Manufacturers must address European import responsibilities, conformity requirements, technical documentation, operational approvals and export controls from the outset.
There is also a distinction between supplying a European operator and conducting operations in Europe as a South African company. South African operational approvals are not automatically recognised by European aviation authorities.
Early engagement with European partners and regulatory specialists can save manufacturers valuable time and money.
A market worth preparing for
Europe’s demanding but largely harmonised aviation framework spans the countries participating in the EASA system, representing a market of more than 450 million people.
South African manufacturers need not imitate their European counterparts. Their competitive advantage lies in combining home-grown engineering excellence with a sound understanding of European regulation.
Nelson Mandela’s vision of a South Africa engaged with the wider world remains as relevant as ever. Three decades later, the country’s aerospace industry has an opportunity to carry that vision into European skies.
About the author
Jose Ramirez, PhD, MBA, is a Spanish business and aviation lawyer with over 28 years of legal practice. He holds a PhD in Airport Marketing, a Master’s degree in Aviation Management from the Autonomous University of Barcelona and an Executive MBA from ESADE Business School. His work focuses on European aviation law, drone and advanced air mobility regulation, EU competition law and international market access. He is currently pursuing doctoral research at the University of Barcelona on competition and network economics in European air transport.
