By the Hellenic Crop Protection Association (HCPA)
The deployment of spraying UAVs (drones) in agriculture is one of the most discussed technological developments in precision farming. Within the ICAERUS framework (UC2), understanding the regulatory landscape governing drone-based application of plant protection products (PPPs) is essential for assessing both current limitations and future prospects.
This article provides an overview of the legislative and regulatory framework at the European Union and Greek national level, as well as recent developments under the Food & Feed Safety Omnibus proposal.
1. The European Union Framework
At EU level, the use of plant protection products is governed, among other instruments, by Directive 2009/128/EC on the Sustainable Use of Pesticides (SUD).
Aerial Spraying: A General Prohibition
Under Article 9 of the Directive, aerial spraying is in principle prohibited across all Member States. Applications carried out from the air — including those performed using unmanned aircraft systems (UAS), such as drones — are legally considered aerial spraying.
Although the Directive is currently under revision, it remains fully in force. Until a revised legal framework is adopted and implemented, the general prohibition continues to apply.
Derogations Under Strict Conditions
The Directive allows derogations only in strictly limited and well-defined cases, where:
- No viable alternative application methods are available,
- Aerial spraying offers clear advantages in terms of reduced risks to human health and the environment,
- Specific risk-mitigation measures (e.g. drift reduction, operator training, prior authorisation) are implemented.
In practice, only a very limited number of Member States have granted such derogations. A notable example is France, where drone spraying has been authorised under strict conditions, mainly:
- For biological control agents (e.g. pheromones, microorganisms),
- For low-risk plant protection products, including substances approved for organic farming,
- In specific situations such as steep or inaccessible vineyards where ground application is not feasible.
These authorisations are national derogations, not a general EU-wide approval, and operate strictly within the framework of Article 9 of Directive 2009/128/EC.
2. The Food & Feed Safety Omnibus Proposal (2025)
Growing pressure from farmers and precision agriculture stakeholders has led to renewed discussion at EU level regarding the need to modernise the regulatory framework for drone applications.
On 16 December 2025, the European Commission published the Food & Feed Safety Omnibus (COM(2025) 1021), proposing amendments to Directive 2009/128/EC.
Under this proposal:
- A new Article 9a would allow Member States to exempt certain types of unmanned aircraft systems (drones) from the general prohibition on aerial spraying.
- Such exemptions would only be possible once the Commission adopts delegated acts identifying the eligible types of drones.
- Plant protection products would need to be explicitly authorised for application by drones under Regulation (EC) No 1107/2009 before being used under such exemptions.
- The Commission would mandate EFSA to develop guidance for risk assessment of PPPs in the context of aerial (drone-based) application.
It is important to underline that these provisions remain part of a legislative proposal. They have not yet been adopted into binding EU law, and therefore, the current legal situation remains unchanged until formal adoption and entry into force.
(Source: European Commission Proposal COM(2025) 1021 – EUR-Lex)
3. The Situation in Greece
In Greece, Directive 2009/128/EC has been transposed into national law through Law 4036/2012.
Under Article 23 of Law 4036/2012:
- Aerial spraying of plant protection products is explicitly prohibited.
- Applications using drones are considered aerial spraying and therefore fall under the same prohibition.
Derogations may theoretically be granted only in exceptional cases or under experimental permits, following a strict authorisation procedure. In practice, however, drone spraying of plant protection products is not permitted as a standard agricultural practice in Greece.
4. Current Limitations and Structural Barriers
The existing legislative framework at both EU and national level remains a significant barrier to the operational deployment of spraying UAVs.
Despite their potential to:
- Reduce operator exposure,
- Minimise soil compaction,
- Lower energy consumption and fossil fuel dependency,
- Enable highly targeted, precision-based applications,
drones are legally treated as conventional aerial spraying systems and are therefore subject to a general prohibition.
This regulatory approach does not fully reflect recent technological advances in spraying UAV systems, which in many cases can offer improved controllability, reduced drift, and enhanced precision compared to conventional ground sprayers.
At the same time, the legislative barrier prevents the development and commercial distribution of UAV-specific plant protection products. As a result:
- Conventional products are often adapted to drone use without dedicated formulation or field experimentation,
- Data on efficacy and mechanical performance under drone-based application remain limited,
- Issues such as spray drift and logistics across the value chain persist.
Last but not least, without regulatory modernisation, the potential contribution of UAVs to sustainable plant protection and Integrated Pest Management (IPM) will remain largely unrealised.
*Featured image captured during field trials of the ICAERUS Drone Spraying Use Case.
