Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (Text with EEA relevance.)

Article 1

Subject matter

This Regulation lays down detailed provisions for the operation of unmanned aircraft systems as well as for personnel, including remote pilots and organisations involved in those operations.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

• (1) ‘unmanned aircraft system (UAS)’ means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit;

• (2) ‘unmanned aircraft system operator’ (‘UAS operator’) means any legal or natural person operating or intending to operate one or more UAS;

• (3) ‘assemblies of people’ means gatherings where persons are unable to move away due to the density of the people present;

• (4) ‘UAS geographical zone’ means a portion of airspace established by the competent authority that facilitates, restricts or excludes UAS operations in order to address risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from UAS operations;

• (5) ‘robustness’ means the property of mitigation measures resulting from combining the safety gain provided by the mitigation measures and the level of assurance and integrity that the safety gain has been achieved;

• (6) ‘standard scenario’ means a type of UAS operation in the ‘specific’ category, as defined in Appendix 1 of the Annex, for which a precise list of mitigating measures has been identified in such a way that the competent authority can be satisfied with declarations in which operators declare that they will apply the mitigating measures when executing this type of operation;

• (7) ‘visual line of sight operation’ (‘VLOS’) means a type of UAS operation in which, the remote pilot is able to maintain continuous unaided visual contact with the unmanned aircraft, allowing the remote pilot to control the flight path of the unmanned aircraft in relation to other aircraft, people and obstacles for the purpose of avoiding collisions;

• (8) ‘beyond visual line of sight operation’ (‘BVLOS’) means a type of UAS operation which is not conducted in VLOS;

• (9) ‘light UAS operator certificate’ (‘LUC’) means a certificate issued to a UAS operator by a competent authority as set out in part C of the Annex;

• (10) ‘model aircraft club or association’ means an organisation legally established in a Member State for the purpose of conducting leisure flights, air displays, sporting activities or competition activities using UAS;

• (11) ‘dangerous goods’ means articles or substances, which are capable of posing a hazard to health, safety, property or the environment in the case of an incident or accident, that the unmanned aircraft is carrying as its payload, including in particular:
• (a) explosives (mass explosion hazard, blast projection hazard, minor blast hazard, major fire hazard, blasting agents, extremely insensitive explosives);
• (b) gases (flammable gas, non-flammable gas, poisonous gas, oxygen, inhalation hazard);
• (c) flammable liquids (flammable liquids; combustible, fuel oil, gasoline);
• (d) flammable solids (flammable solids, spontaneously combustible solids, dangerous when wet);
• (e) oxidising agents and organic peroxides;
• (f) toxic and infectious substances (poison, biohazard);
• (g) radioactive substances;
• (h) corrosive substances;

• (12) ‘payload’ means instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is installed in or attached to the aircraft and is not used or intended to be used in operating or controlling an aircraft in flight, and is not part of an airframe, engine, or propeller;

• (13) ‘direct remote identification’ means a system that ensures the local broadcast of information about a unmanned aircraft in operation, including the marking of the unmanned aircraft, so that this information can be obtained without physical access to the unmanned aircraft;

• (14) ‘follow-me mode’ means a mode of operation of a UAS where the unmanned aircraft constantly follows the remote pilot within a predetermined radius;

• (15) ‘geo-awareness’ means a function that, based on the data provided by Member States, detects a potential breach of airspace limitations and alerts the remote pilots so that they can take immediate and effective action to prevent that breach;

• (16) ‘privately built UAS’ means a UAS assembled or manufactured for the builder's own use, not including UAS assembled from sets of parts placed on the market as a single ready-to-assemble kit;

• (17) ‘autonomous operation’ means an operation during which an unmanned aircraft operates without the remote pilot being able to intervene;

• (18) ‘uninvolved persons’ means persons who are not participating in the UAS operation or who are not aware of the instructions and safety precautions given by the UAS operator;

• (19) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in exchange of payment or free of charge;

• (20) ‘placing on the market’ means the first making available of a product on the Union market;

• (21) ‘controlled ground area’ means the ground area where the UAS is operated and within which the UAS operator can ensure that only involved persons are present;

• (22) ‘maximum take-off mass’ (‘MTOM’) means the maximum Unmanned Aircraft mass, including payload and fuel, as defined by the manufacturer or the builder, at which the Unmanned Aircraft can be operated;

• (23) ‘unmanned sailplane’ means an unmanned aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine. It may be equipped with an engine to be used in case of emergency;

• (24) ‘unmanned aircraft observer’ means a person, positioned alongside the remote pilot, who, by unaided visual observation of the unmanned aircraft, assists the remote pilot in keeping the unmanned aircraft in VLOS and safely conducting the flight;

• (25) ‘airspace observer’ means a person who assists the remote pilot by performing unaided visual scanning of the airspace in which the unmanned aircraft is operating for any potential hazard in the air;

• (26) ‘control and monitoring unit (CMU)’ means the equipment to control and monitor unmanned aircraft remotely as defined in point (32) of Article 3 of Regulation (EU) 2018/1139;

• (27) ‘C2 link’ means the data link between the UA and the CMU for the purpose of managing the flight;

• (28) ‘flight geography’ means the volume(s) of airspace defined spatially and temporally in which the UAS operator plans to conduct the operation under normal procedures described in point (6)(c) of Appendix 5 to the Annex;

• (29) ‘flight geography area’ means the projection of the flight geography on the surface of the earth;

• (30) ‘contingency volume’ means the volume of airspace outside the flight geography where contingency procedures described in point (6)(d) of Appendix 5 to the Annex are applied;

• (31) ‘contingency area’ means the projection of the contingency volume on the surface of the earth;

• (32) ‘operational volume’ is the combination of the flight geography and the contingency volume;

• (33) ‘ground risk buffer’ is an area over the surface of the earth, which surrounds the operational volume and that is specified in order to minimise the risk to third parties on the surface in the event of the unmanned aircraft leaving the operational volume;

• (34) ‘night’ means the hours between the end of evening civil twilight and the beginning of morning civil twilight as defined in Implementing Regulation (EU) No 923/2012 ([^E0001]);

• (35) ‘UAS component’ means any engine, propeller or part of the UA, or any element of the control and monitoring unit (CMU);

Article 3

Categories of UAS operations

UAS operations shall be performed in the ‘open’, ‘specific’ or ‘certified’ category defined respectively in Articles 4, 5 and 6, subject to the following conditions:

• (a) UAS operations in the ‘open’ category shall not be subject to any prior operational authorisation, nor to an operational declaration by the UAS operator before the operation takes place;

• (b) UAS operations in the ‘specific’ category shall require an operational authorisation issued by the competent authority pursuant to Article 12 or an authorisation received in accordance with Article 16, or, under circumstances defined in Article 5(5), a declaration to be made by a UAS operator;

• (c) UAS operations in the ‘certified’ category shall require the certification of the UAS pursuant to Delegated Regulation (EU) 2019/945 and the certification of the operator and, where applicable, the licensing of the remote pilot.

Article 4

‘Open’ category of UAS operations

• (a) the UAS belongs to one of the classes set out in Delegated Regulation (EU) 2019/945 or is privately built or meets the conditions defined in Article 20;

• (b) the unmanned aircraft has a maximum take-off mass of less than 25 kg;

• (c) the remote pilot ensures that the unmanned aircraft is kept at a safe distance from people and that it is not flown over assemblies of people;

• (d) the remote pilot keeps the unmanned aircraft in VLOS at all times except when flying in follow-me mode or when using an unmanned aircraft observer as specified in Part A of the Annex;

• (e) during flight, the unmanned aircraft is maintained within 120 metres from the closest point of the surface of the earth, except when overflying an obstacle, as specified in Part A of the Annex

• (f) during flight, the unmanned aircraft does not carry dangerous goods and does not drop any material;

Article 5

‘Specific’ category of UAS operations

• (a) the approval of a single operation or a number of operations specified in time or location(s) or both. The operational authorisation shall include the associated precise list of mitigating measures;

• (b) the approval of an LUC, in accordance with part C of the Annex.

• (a) UAS operators holding an LUC with appropriate privileges in accordance with point UAS.LUC.060 of the Annex;

• (b) operations conducted in the framework of model aircraft clubs and associations that have received an authorisation in accordance with Article 16.

Article 6

‘Certified’ category of UAS operations

• (a) the UAS is certified pursuant to points (a), (b) and (c) of paragraph 1 of Article 40 of Delegated Regulation (EU) 2019/945; and

• (b) the operation is conducted in any of the following conditions:
• i. over assemblies of people;
• ii. involves the transport of people;
• iii. involves the carriage of dangerous goods, that may result in high risk for third parties in case of accident.

Article 7

Rules and procedures for the operation of UAS

This paragraph shall not apply where the UAS operator holds an LUC with appropriate privileges.

UAS operations in the ‘specific’ category shall be subject to the applicable operational requirements laid down in Commission Implementing Regulation (EU) No 923/2012 ([^E0002]).

2a. The operator of a UAS that meets the conditions specified in point 1(d) of Article 40 of Delegated Regulation (EU) 2019/945 shall obtain the following certificates:

• (i) a certificate of airworthiness or a restricted certificate of airworthiness issued in accordance with Subpart H of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 ([^E0003]);

• (ii) a noise certificate issued in accordance with Subpart I of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 when the UA is subject to the environmental protection requirements laid down in point 21.B.85 of Regulation (EU) No 748/2012.

Article 8

Rules and procedures for the competency of remote pilots

• (a) ability to apply operational procedures (normal, contingency and emergency procedures, flight planning, pre-flight and post-flight inspections);

• (b) ability to manage aeronautical communication;

• (c) manage the unmanned aircraft flight path and automation;

• (d) leadership, teamwork and self-management;

• (e) problem solving and decision-making;

• (f) situational awareness;

• (g) workload management;

• (h) coordination or handover, as applicable.

Article 9

Minimum age for remote pilots

• (a) when they operate in subcategory A1 as specified in Part A of the Annex to this Regulation, with a UAS Class C0 defined in Part 1 of the Annex to Delegated Regulation (EU) 2019/945 that is a toy within the meaning of Directive 2009/48/EC;

• (b) for privately-built UAS with a maximum take-off mass of less than 250g;

• (c) when they operate under the direct supervision of a remote pilot complying with paragraph 1 and Article 8.

• (a) for remote pilots operating in the ‘open’ category by up to 4 years;

• (b) for remote pilots operating in the ‘specific’ category by up to 2 years.

Article 10

Rules and procedures for the airworthiness of UAS

Unless privately-built, or used for operations referred to in Article 16, or meeting the conditions defined in Article 20, UAS used in operations set out in this Regulation shall comply with the technical requirements and rules and procedures for the airworthiness defined in the delegated acts adopted pursuant to Article 58 of Regulation (EU) 2018/1139.

Article 11

Rules for conducting an operational risk assessment

• (a) describe the characteristics of the UAS operation;

• (b) propose adequate operational safety objectives;

• (c) identify the risks of the operation on the ground and in the air considering all of the below:
• i. the extent to which third parties or property on the ground could be endangered by the activity;
• ii. the complexity, performance and operational characteristics of the unmanned aircraft involved;
• iii. the purpose of the flight, the type of UAS, the probability of collision with other aircraft and class of airspace used;
• iv. the type, scale, and complexity of the UAS operation or activity, including, where relevant, the size and type of the traffic handled by the responsible organisation or person;
• v. the extent to which the persons affected by the risks involved in the UAS operation are able to assess and exercise control over those risks.

• (d) identify a range of possible risk mitigating measures;

• (e) determine the necessary level of robustness of the selected mitigating measures in such a way that the operation can be conducted safely.

• (a) the nature of the activities performed;

• (b) the operational environment and geographical area for the intended operation, in particular overflown population, orography, types of airspace, airspace volume where the operation will take place and which airspace volume is kept as necessary risk buffers, including the operational requirements for geographical zones;

• (c) the complexity of the operation, in particular which planning and execution, personnel competencies, experience and composition, required technical means are planned to conduct the operation;

• (d) the technical features of the UAS, including its performance in view of the conditions of the planned operation and, where applicable, its registration number;

• (e) the competence of the personnel for conducting the operation including their composition, role, responsibilities, training and recent experience.

• (a) the unmitigated ground risk of the operation taking into account the type of operation and the conditions under which the operation takes place, including at least the following criteria:
• i. VLOS or BVLOS;
• ii. population density of the overflown areas;
• iii. flying over an assembly of people;
• iv. the dimension characteristics of the unmanned aircraft;

• (b) the unmitigated air risk of the operation taking into account all of the below:
• i. the exact airspace volume where the operation will take place, extended by a volume of airspace necessary for contingency procedures;
• ii. the class of the airspace;
• iii. the impact on other air traffic and air traffic management (ATM) and in particular:
• — the altitude of the operation;
• — controlled versus uncontrolled airspace;
• — aerodrome versus non-aerodrome environment;
• — airspace over urban versus rural environment;
• — separation from other traffic.

• (a) containment measures for people on the ground;

• (b) strategic operational limitations to the UAS operation, in particular:
• i. restricting the geographical volumes where the operation takes place;
• ii. restricting the duration or schedule of the time slot in which the operation takes place;

• (c) strategic mitigation by common flight rules or common airspace structure and services;

• (d) capability to cope with possible adverse operating conditions;

• (e) organisation factors such as operational and maintenance procedures elaborated by the UAS operator and maintenance procedures compliant with the manufacturer's user manual;

• (f) the level of competency and expertise of the personnel involved in the safety of the flight;

• (g) the risk of human error in the application of the operational procedures;

• (h) the design features and performance of the UAS in particular:
• i. the availability of means to mitigate risks of collision;
• ii. the availability of systems limiting the energy at impact or the frangibility of the unmanned aircraft;
• iii. the design of the UAS to recognised standards and the fail-safe design.

Article 12

Authorising operations in the ‘specific’ category

• (a) the evaluation performed pursuant to paragraph 1 concludes that:
• (i) the operational safety objectives take account of the risks of the operation;
• (ii) the combination of mitigation measures concerning the operational conditions to perform the operation, the competence of the personnel involved and the technical features of the unmanned aircraft, are adequate and sufficiently robust to keep the operation safe in view of the identified ground and air risks;

• (b) for UAS that are or will be certified pursuant to Article 40, point 1(d) of Delegated Regulation (EU) 2019/945, the UAS have:
• (i) a valid certificate of airworthiness or a restricted certificate of airworthiness and, if the UA is subject to the environmental protection requirements laid down in point 21.B.85 of Regulation (EU) No 748/2012, a valid noise certificate; or
• (ii) if the UA does not meet, or has not been shown to meet, the applicable airworthiness requirements, flight conditions approved according to Subpart P of Annex I (Part 21) to Regulation (EU) No 748/2012;

• (c) the UAS operator has provided to the competent authority a statement confirming that the intended operation complies with any applicable Union and national rules relating to it, in particular with regard to privacy, data protection, liability, insurance, security and environmental protection.

• (a) the scope of the authorisation;

• (b) the ‘specific’ conditions that shall apply:
• i. to the UAS operation and the operational limitations;
• ii. to the required competency of the UAS operator and, where applicable, of the remote pilots;
• iii. to the technical features of the UAS, including the certification of the UAS, if applicable;

• (c) the following information:
• i. the registration number of the UAS operator and the technical features of the UAS;
• ii. a reference to the operational risk assessment developed by the UAS operator;
• iii. the operational limitations and conditions of the operation;
• iv. the mitigation measures that the UAS operator has to apply;
• v. the location(s) where the operation is authorised to take place and any other locations in a Member States in accordance with Article 13;
• vi. all documents and records relevant for the type of operation and the type of events that should be reported in addition to those defined in Regulation (EU) No 376/2014 of the European Parliament and of the Council ([^E0006]);
• vii. the certificate of airworthiness or restricted certificate of airworthiness and noise certificate, where such certificates have been issued;
• viii. the flight conditions approved in accordance with Regulation (EU) No 748/2012 where the UAS meets the conditions set out in Article 40, point 1(d) of Delegated Regulation (EU) 2019/945 and the UA does not meet, or has not been shown to meet, the applicable airworthiness requirements.

• (a) verify that it contains all elements set out in paragraph 2 of point UAS.SPEC.020 of the Annex;

• (b) if this is the case, provide the UAS operator with a confirmation of receipt and completeness without undue delay so that the operator may start the operation.

Article 13

Cross-border operations or operations outside the state of registration

• (a) a copy of the operational authorisation granted to the UAS operator in accordance with Article 12; and

• (b) the location(s) of the intended operation including the updated mitigation measures, if needed, to address those risks identified under Article 11(2)(b) which are specific to the local airspace, terrain and population characteristics and the climatic conditions.

• (a) a copy of the term of approval received in accordance with point UAS.LUC.050 of the Annex; and

• (b) the location or locations of the intended operation in accordance with paragraph 1(b) of this Article.

Article 14

Registration of UAS operators and certified UAS

• (a) the full name and the date of birth for natural persons and the name and their identification number for legal persons;

• (b) the address of UAS operators;

• (c) their email address and telephone number;

• (d) an insurance policy number for UAS if required by Union or national law;

• (e) the confirmation by legal persons of the following statement: ‘All personnel directly involved in the operations are competent to perform their tasks, and the UAS will be operated only by remote pilots with the appropriate level of competency’;

• (f) operational authorisations and LUCs held and declarations followed by a confirmation in accordance with Article 12(5)(b).

• (a) manufacturer's name;

• (b) manufacturer's designation of the unmanned aircraft;

• (c) unmanned aircraft's serial number;

• (d) full name, address, email address and telephone number of the natural or legal person under whose name the unmanned aircraft is registered.

• (a) when operating within the ‘open’ category any of the following unmanned aircraft:
• i. with a MTOM of 250 g or more, or, which in the case of an impact can transfer to a human kinetic energy above 80 Joules;
• ii. that is equipped with a sensor able to capture personal data, unless it complies with Directive 2009/48/EC.

• (b) when operating within the ‘specific’ category an unmanned aircraft of any mass.

Member States shall issue a unique digital registration number for UAS operators and for the UAS that require registration, allowing their individual identification.

The registration number for UAS operators shall be established on the basis of standards that support the interoperability of the registration systems;

The nationality and registration mark of an unmanned aircraft shall be established in line with ICAO Annex 7. An unmanned aircraft cannot be registered in more than one State at a time.

Article 15

Operational conditions for UAS geographical zones

• (a) prohibit certain or all UAS operations, request particular conditions for certain or all UAS operations or require a prior flight authorisation for certain or all UAS operations;

• (b) subject UAS operations to specified environmental standards;

• (c) allow access to certain UAS classes only;

• (d) allow access only to UAS equipped with certain technical features, in particular remote identification systems or geo awareness systems.

Article 16

UAS operations in the framework of model aircraft clubs and associations

• (a) relevant national rules;

• (b) established procedures, organisational structure and management system of the model aircraft club or association, ensuring that:
• i. remote pilots operating in the framework of model aircraft clubs or associations are informed of the conditions and limitations defined in the authorisation issued by the competent authority;
• ii. remote pilots operating in the framework of model aircraft clubs or associations are assisted in achieving the minimum competency required to operate the UAS safely and in accordance with the conditions and limitations defined in the authorisation;
• iii. the model aircraft club or association takes appropriate action when informed that a remote pilot operating in the framework of model aircraft clubs or associations does not comply with the conditions and limitations defined in the authorisation, and, if necessary, inform the competent authority;
• iv. the model aircraft club or association provides, upon request from the competent authority, documentation required for oversight and monitoring purposes.

Article 17

Designation of the competent authority

• (a) clearly define the areas of competence of each competent authority in terms of responsibilities;

• (b) establish appropriate coordination mechanism between those entities to ensure the effective oversight of all organisations and persons subject to this Regulation.

Article 18

Tasks of the competent authority

The competent authority shall be responsible for:

• (a) enforcing this Regulation;

• (b) issuing, suspending or revoking certificates of UAS operators and licenses of remote pilots operating within the ‘certified’ category of UAS operations;

• (c) issuing remote pilots with a proof of completion of an online theoretical knowledge examination according to points UAS.OPEN.020 and UAS.OPEN.040 of the Annex and issuing, amending, suspending, limiting or revoking certificates of competency of remote pilots according to point UAS.OPEN.030 of the Annex;

• (d) issuing, amending, suspending, limiting or revoking operational authorisations and LUCs and verifying completeness of declarations, which are required to carry out UAS operations in the ‘specific’ category of UAS operations;

• (e) keeping documents, records and reports concerning UAS operational authorisations, declarations, certificates of competency of the remote pilots and LUCs;

• (f) making available in a common unique digital format information on UAS geographical zones identified by the Member States and established within the national airspace of its State;

• (g) issuing a confirmation of receipt and completeness in accordance with Article 12(5)(b) or a confirmation in accordance with paragraph 2 of Article 13;

• (h) developing a risk-based oversight system for:
• i. UAS operators that have submitted a declaration or hold an operational authorisation or an LUC;
• ii. model clubs and associations that hold an authorisation referred to in Article 16;

• (i) for operations other than those in the ‘open’ category, establishing audit planning based on the risk profile, compliance level and the safety performance of UAS operators who have submitted a declaration, or hold a certificate issued by the competent authority;

• (j) for operations other than those in the ‘open’ category, carrying out inspections with regard to UAS operators who have submitted a declaration or hold a certificate issued by the competent authority inspecting UAS and ensuring that UAS operators and remote pilots comply with this Regulation;

• (k) implementing a system to detect and examine incidents of non-compliance by UAS operators operating in the ‘open’ or ‘specific’ categories and reported in accordance with paragraph 2 of Article 19;

• (l) providing UAS operators with information and guidance that promotes the safety of UAS operations;

• (m) establishing and maintaining registration systems for UAS whose design is subject to certification and for UAS operators whose operation may present a risk to safety, security, privacy, and protection of personal data or the environment.

Article 19

Safety information

Article 20

Particular provisions concerning the use of certain UAS in the ‘open’ category

UAS types within the meaning of Decision No 768/2008/EC of the European Parliament and of the Council ([^E0007]), which do not comply with Delegated Regulation (EU) 2019/945 and which are not privately-built are allowed to continue to be operated under the following conditions, when they have been placed on the market before 1 January 2024 :

• (a) in subcategory A1 as defined in Part A of the Annex, provided that the unmanned aircraft has a maximum take-off mass of less than 250 g, including its payload;

• (b) in subcategory A3 as defined in Part A of the Annex, provided that the unmanned aircraft has a maximum take-off mass of less than 25 kg, including its fuel and payload.

Article 21

Adaptation of authorisations, declarations and certificates

Article 22

Without prejudice to Article 20, the use of UAS in the ‘open’ category which do not comply with the requirements of Parts 1 to 5 of the Annex to Commission Delegated Regulation (EU) 2019/945 ([^E0008]) shall be allowed for a transitional period ending on 31 December 2023, subject to the following conditions:

• (a) unmanned aircraft with a take-off mass of less than 500 g are operated within the operational requirements set out in points UAS.OPEN.020(1) of Part A of the Annex by a remote pilot having competency level defined by the Member State concerned;

• (b) unmanned aircraft with a take-off mass of less than 2 kg is operated by keeping a minimum horizontal distance of 50 meters from people and the remote pilots have a competency level at least equivalent to the one set out in point UAS.OPEN.030(2) of Part A of the Annex;

• (c) unmanned aircraft with a take-off mass of less than 25 kg is operated within the operational requirements set out in point UAS.OPEN.040(1) and (2) and the remote pilots have a competency level at least equivalent to the one set out in point UAS.OPEN.020(4)(b) of Part A of the Annex.

Article 23

It shall apply from 31 December 2020.

Such declarations shall cease to be valid from 1 January 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

UAS OPERATIONS IN THE ‘OPEN’ AND ‘SPECIFIC’ CATEGORIES

PART A

UAS OPERATIONS IN THE ‘OPEN’ CATEGORY

UAS.OPEN.010 General provisions

• (1)The category of UAS ‘open’ operations is divided into three subcategories A1, A2 and A3, on the basis of operational limitations, requirements for the remote pilot and technical requirements for UAS.

• (2)Where the UAS operation involves the flight of the unmanned aircraft starting from a natural elevation in the terrain or over terrain with natural elevations, the unmanned aircraft shall be maintained within 120 metres from the closest point of the surface of the earth. The measurement of distances shall be adapted accordingly to the geographical characteristics of the terrain, such as plains, hills, mountains.

• (3)When flying an unmanned aircraft within a horizontal distance of 50 metres from an artificial obstacle taller than 105 metres, the maximum height of the UAS operation may be increased up to 15 metres above the height of the obstacle at the request of the entity responsible for the obstacle.

• (4)By way of derogation from point (2), unmanned sailplanes with a MTOM, including payload, of less than 10 kg, may be flown at a distance in excess of 120 metres from the closest point of the surface of the earth, provided that the unmanned sailplane is not flown at a height greater than 120 metres above the remote pilot at any time.

UAS.OPEN.020 UAS operations in subcategory A1

UAS operations in subcategory A1 shall comply with all of the following conditions:

• (1) for unmanned aircraft referred to in point (5)(d), be conducted in such a way that a remote pilot of the unmanned aircraft does not overfly assemblies of people and reasonably expects that no uninvolved person will be overflown. In the event of unexpected overflight of uninvolved persons, the remote pilot shall reduce as much as possible the time during which the unmanned aircraft overflies those persons;

• (2) in the case of an unmanned aircraft referred to in points (5)(a), (5)(b) and (5)(c), be conducted in such a way that the remote pilot of the unmanned aircraft may overfly uninvolved persons, but shall never overfly assemblies of people;

• (3) by way of derogation from point (d) of paragraph 1 of Article 4, be conducted, when the follow-me mode is active, up to a distance of 50 metres from the remote pilot;

• (4) be performed by a remote pilot who:
• (a) is familiar with manufacturer’s instructions provided by the manufacturer of the UAS;
• (b) in the case of an unmanned aircraft class C1, as defined in Part 2 of the Annex to Delegated Regulation (EU) 2019/945, has completed an online training course followed by completing successfully an online theoretical knowledge examination provided by the competent authority or by an entity designated by the competent authority of a Member State achieving at least 75% of the overall marks. The examination shall comprise 40 multiple-choice questions distributed appropriately across the following subjects:
• (i) air safety;
• (ii) airspace restrictions;
• (iii) aviation regulation;
• (iv) human performance limitations;
• (v) operational procedures;
• (vi) UAS general knowledge;
• (vii) privacy and data protection;
• (viii) insurance;
• (ix) security.

• (5) be performed with an unmanned aircraft that:
• (a) has an MTOM, including payload, of less than 250 g and a maximum operating speed of less than 19 m/s, in the case of a privately built UAS; or
• (b) meets the requirements defined in point (a) of Article 20;
• (c) is marked as class C0 and complies with the requirements of that class, as defined in Part 1 of the Annex to Delegated Regulation (EU) 2019/945; or
• (d) is marked as class C1 and complies with the requirements of that class, as defined in Part 2 of the Annex to Delegated Regulation (EU) 2019/945 and is operated with active and updated direct remote identification system and geo-awareness function.

UAS.OPEN.030 UAS operations in subcategory A2

UAS operations in subcategory A2 shall comply with all of the following conditions:

• (1) be conducted in such a way that the unmanned aircraft does not overfly uninvolved persons and the UAS operations take place at a safe horizontal distance of at least 30 metres from them; the remote pilot may reduce the horizontal safety distance down to a minimum of 5 metres from an uninvolved person when operating an unmanned aircraft with an active low speed mode function and after evaluation of the situation regarding:
• (a) weather conditions,
• (b) performance of the unmanned aircraft,
• (c) segregation of the overflown area.

• (2) be performed by a remote pilot who is familiar with manufacturer’s instructions provided by the manufacturer of the UAS and holds a certificate of remote pilot competency issued by the competent authority or by an entity designated by the competent authority of a Member State. This certificate shall be obtained after complying with all of the following conditions and in the order indicated:
• (a) completing an online training course and passed the online theoretical knowledge examination as referred to in point (4)(b) of point UAS.OPEN.020;
• (b) completing a self-practical training in the operating conditions of the subcategory A3 set out in points (1) and (2) of point UAS.OPEN.040;
• (c) declaring the completion of the self-practical training defined in point (b) and passing an additional theoretical knowledge examination provided by the competent authority or at an entity designated by the competent authority of a Member State achieving at least 75% of the overall marks. The examination shall comprise at least 30 multiple-choice questions aimed at assessing the remote pilot’s knowledge of the technical and operational mitigations for ground risk, distributed appropriately across the following subjects:
• (i) meteorology;
• (ii) UAS flight performance;
• (iii) technical and operational mitigations for ground risk.

• (3) be performed with an unmanned aircraft which is marked as class C2 and complies with the requirements of that class, as defined in Part 3 of the Annex to Delegated Regulation (EU) 2019/945, and is operated with active and updated direct remote identification system and geo-awareness function.

UAS.OPEN.040 UAS operations in subcategory A3

UAS operations in subcategory A3 shall comply with all of the following conditions:

• (1) be conducted in an area where the remote pilot reasonably expects that no uninvolved person will be endangered within the range where the unmanned aircraft is flown during the entire time of the UAS operation;

• (2) be conducted at a safe horizontal distance of at least 150 metres from residential, commercial, industrial or recreational areas;

• (3) be performed by a remote pilot who is familiar with manufacturer’s instructions provided by the manufacturer of the UAS and who has completed an online training course and passed an online theoretical knowledge examination as defined in point (4)(b) of point UAS.OPEN.020;

• (4) be performed with an unmanned aircraft that:
• (a) has an MTOM, including payload, of less than 25 kg, in the case of a privately built UAS, or
• (b) meets the requirements defined in point (b) of Article 20;
• (c) is marked as class C2 and complies with the requirements of that class, as defined in Part 3 of the Annex to Delegated Regulation (EU) 2019/945 and is operated with active and updated direct remote identification system and geo-awareness function or;
• (d) is marked as class C3 and complies with the requirements of that class, as defined in Part 4 of the Annex to Delegated Regulation (EU) 2019/945 and is operated with active and updated direct remote identification system and geo-awareness function; or
• (e) is marked as class C4 and complies with the requirements of that class, as defined in Part 5 of the Annex to Delegated Regulation (EU) 2019/945.

UAS.OPEN.050 Responsibilities of the UAS operator

The UAS operator shall comply with all of the following:

• (1) develop operational procedures adapted to the type of operation and the risk involved;

• (2) ensure that all operations effectively use and support the efficient use of radio spectrum in order to avoid harmful interference;

• (3) designate a remote pilot for each flight;

• (4) ensure that remote pilots and all other personnel performing a task in support of the operations are familiar with manufacturer’s instructions provided by the manufacturer of the UAS, and:
• (a) have appropriate competency in the subcategory of the intended UAS operations in accordance with points UAS.OPEN.020, UAS.OPEN.030 or UAS.OPEN.040 to perform their tasks or, for personnel other than the remote pilot, have completed an on-the-job-training course developed by the operator;
• (b) are fully familiar with the UAS operator’s procedures;
• (c) are provided with the information relevant to the intended UAS operation concerning any geographical zones published by the Member State of operation in accordance with Article 15;

• (5) update the information into the geo-awareness system when applicable according to the intended location of operation;

• (6) in the case of an operation with an unmanned aircraft of one of the classes defined in Parts 1 to 5 of the Annex of Delegated Regulation (EU) 2019/945, ensure that the UAS is:
• (a) accompanied by the corresponding EU declaration of conformity, including the reference to the appropriate class; and
• (b) the related class identification label is affixed to the unmanned aircraft.

• (7) Ensure in the case of an UAS operation in subcategory A2 or A3, that all involved persons present in the area of the operation have been informed of the risks and have explicitly agreed to participate.

UAS.OPEN.060 Responsibilities of the remote pilot

• (1) Before starting an UAS operation, the remote pilot shall:
• (a) have the appropriate competency in the subcategory of the intended UAS operations in accordance with points UAS.OPEN.020, UAS.OPEN.030 or UAS.OPEN.040 to perform its task and carry a proof of competency while operating the UAS, except when operating an unmanned aircraft referred to in points (5)(a), (5)(b) or (5)(c) of point UAS.OPEN.020;
• (b) obtain updated information relevant to the intended UAS operation about any geographical zone published by the Member State of operation in accordance with Article 15;
• (c) observe the operating environment, check the presence of obstacles and, unless operating in subcategory A1 with an unmanned aircraft referred to in points (5)(a), (5)(b) or (5)(c) of point UAS.OPEN.020, check the presence of any uninvolved person;
• (d) ensure that the UAS is in a condition to safely complete the intended flight, and if applicable, check if the direct remote identification is active and up-to-date;
• (e) if the UAS is fitted with an additional payload, verify that its mass does not exceed neither the MTOM defined by the manufacturer or the MTOM limit of its class.

• (2) During the flight, the remote pilot shall:
• (a) not perform duties under the influence of psychoactive substances or alcohol or when it is unfit to perform its tasks due to injury, fatigue, medication, sickness or other causes;
• (b) keep the unmanned aircraft in VLOS and maintain a thorough visual scan of the airspace surrounding the unmanned aircraft in order to avoid any risk of collision with any manned aircraft. The remote pilot shall discontinue the flight if the operation poses a risk to other aircraft, people, animals, environment or property;
• (c) comply with the operational limitations in geographical zones defined in accordance with Article 15;
• (d) have the ability to maintain control of the unmanned aircraft, except in the case of a lost link or when operating a free-flight unmanned aircraft;
• (e) operate the UAS in accordance with manufacturer’s instructions provided by the manufacturer, including any applicable limitations;
• (f) comply with the operator’s procedures when available;
• (g) when operating at night, ensure that a green flashing light on the unmanned aircraft is activated.

• (3) During the flight, remote pilots and UAS operators shall not fly close to or inside areas where an emergency response effort is ongoing unless they have permission to do so from the responsible emergency response services.

• (4) For the purposes of point (2)(b), remote pilots may be assisted by an unmanned aircraft observer. In such case, clear and effective communication shall be established between the remote pilot and the unmanned aircraft observer.

UAS.OPEN.070 Duration and validity of the remote pilot online theoretical competency and certificates of remote pilot competency

• (1) The remote pilot online theoretical competency, required by points (4)(b) of point UAS.OPEN.020 and point (3) of point UAS.OPEN.040, and the certificate of remote pilot competency, required by point (2) of point UAS.OPEN.030, shall be valid for five years.

• (2) The revalidation of the remote pilot online theoretical competency and of the certificate of remote pilot competency is, within its validity period, subject to:
• (a) a demonstration of competencies respectively in accordance with point (4)(b) of point UAS.OPEN.020 or point (2) of point UAS.OPEN.030; or
• (b) the completion of a refresher training addressing respectively the theoretical knowledge subjects as defined in point (4)(b) of point UAS.OPEN.020 or point (2) of point UAS.OPEN.030 provided by the competent authority or by an entity designated by the competent authority.

• (3) In order to revalidate the remote pilot online theoretical competency or the certificate of remote pilot competency upon its expiration, the remote pilot shall comply with point (2)(a).

PART B

UAS OPERATIONS IN THE ‘SPECIFIC’ CATEGORY

UAS.SPEC.010 General provisions

The UAS operator shall provide the competent authority with an operational risk assessment for the intended operation in accordance with Article 11, or submit a declaration when point UAS.SPEC.020 is applicable, unless the operator holds a light UAS operator certificate (LUC) with the appropriate privileges, in accordance with Part C of this Annex. The UAS operator shall regularly evaluate the adequacy of the mitigation measures taken and update them where necessary.

UAS.SPEC.020 Operational declaration

• (1) In accordance with Article 5, the UAS operator may submit an operational declaration of compliance with a standard scenario as defined in Appendix 1 to this Annex to the competent authority of the Member State of registration as an alternative to points UAS.SPEC.30 and UAS.SPEC.40 in relation to operations:
• (a) of unmanned aircraft with:
• (i) maximum characteristic dimension up to 3 metres in VLOS over controlled ground area except over assemblies of people,
• (ii) maximum characteristic dimension up to 1 metre in VLOS except over assemblies of people;
• (iii) maximum characteristic dimension up to 1 metre in BVLOS over sparsely populated areas;
• (iv) maximum characteristic dimension up to 3 metres in BVLOS over controlled ground area.
• (b) performed below 120 metres from the closest point of the surface of the earth, and:
• (i) in uncontrolled airspace (class F or G) unless different limitations are provided by Member States through UAS geographical zones in areas where the probability of encountering manned aircraft is not low; or
• (ii) in controlled airspace, in accordance with published procedures for the area of operation, so that a low probability of encountering manned aircraft is ensured.

• (2) A declaration of UAS operators shall contain:
• (a) administrative information about the UAS operator;
• (b) a statement that the operation satisfies the operational requirement set out in point (1) and a standard scenario as defined in Appendix 1 to the Annex;
• (c) the commitment of the UAS operator to comply with the relevant mitigation measures required for the safety of the operation, including the associated instructions for the operation, for the design of the unmanned aircraft and the competency of involved personnel.
• (d) confirmation by the UAS operator that an appropriate insurance cover will be in place for every flight made under the declaration, if required by Union or national law.

• (3) Upon receipt of the declaration, the competent authority shall verify that the declaration contains all the elements listed in point (2) and shall provide the UAS operator with a confirmation of receipt and completeness without undue delay.

• (4) After receiving the confirmation of receipt and completeness, the UAS operator is entitled to start the operation.

• (5) UAS operators shall notify, without any delay, the competent authority of any change to the information contained in the operational declaration that they submitted.

• (6) UAS operators holding an LUC with appropriate privileges, in accordance with Part C of this Annex, are not required to submit the declaration.

UAS.SPEC.030 Application for an operational authorisation

• (1) Before starting an UAS operation in the ‘specific’ category the UAS operator shall obtain an operational authorisation from the national competent authority of the Member State of registration, except:
• (a) when point UAS.SPEC.020 is applicable; or
• (b) the UAS operator holds an LUC with the appropriate privileges, in accordance with Part C of this Annex.

• (2) The UAS operator shall submit an application for an updated operational authorisation if there are any significant changes to the operation or to the mitigation measures listed in the operational authorisation.

• (3) The application for an operational authorisation shall be based on the risk assessment referred to in Article 11 and shall include in addition the following information:
• (a) the registration number of the UAS operator;
• (b) the name of the accountable manager or the name of the UAS operator in the case of a natural person;
• (c) the operational risk assessment;
• (d) the list of mitigation measures proposed by the UAS operator, with sufficient information for the competent authority to assess the adequacy of the mitigation means to address the risks;
• (e) an operations manual when required by the risk and complexity of the operation;
• (f) a confirmation that an appropriate insurance cover will be in place at the start of the UAS operations, if required by Union or national law.

UAS.SPEC.040 Issuing of an operational authorisation

• (1) When receiving an application in accordance with point UAS.SPEC.030, the competent authority shall issue, without undue delay, an operational authorisation in accordance with Article 12 when it concludes that the operation meets the following conditions:
• (a) all information in accordance with point (3) of point UAS.SPEC.030 is provided;
• (b) a procedure is in place for coordination with the relevant service provider for the airspace if the entire operation, or part of it, is to be conducted in controlled airspace.

• (2) The competent authority shall specify in the operational authorisation the exact scope of the authorisation in accordance with Article 12.

UAS.SPEC.050 Responsibilities of the UAS operator

• (1) The UAS operator shall comply with all of the following:
• (a) establish procedures and limitations adapted to the type of the intended operation and the risk involved, including:
• (i) operational procedures to ensure the safety of the operations;
• (ii) procedures to ensure that security requirements applicable to the area of operations are complied with in the intended operation;
• (iii) measures to protect against unlawful interference and unauthorised access;
• (iv) procedures to ensure that all operations are in respect of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In particular it shall carry out a data protection impact assessment, when required by the National Authority for data protection in application of Article 35 of Regulation (EU) 2016/679;
• (v) guidelines for its remote pilots to plan UAS operations in a manner that minimises nuisances, including noise and other emissions-related nuisances, to people and animals.
• (b) designate a remote pilot for each flight or, in the case of autonomous operations, ensure that during all phases of the flight, responsibilities and tasks especially those defined in points (2) and (3) of point UAS.SPEC.060 are properly allocated in accordance with the procedures established pursuant to point (a);
• (c) ensure that all operations effectively use and support the efficient use of radio spectrum in order to avoid harmful interference;
• (d) ensure that before conducting operations, remote pilots comply with all of the following conditions:
• (i) have the competency to perform their tasks in line with the applicable training identified by the operational authorisation or, if point UAS.SPEC.020 applies, by the conditions and limitations defined in the appropriate standard scenario listed in Appendix 1 or as defined by the LUC;
• (ii) follow remote pilot training which shall be competency based and include the competencies set out in paragraph 2 of Article 8:
• (iii) follow remote pilot training, as defined in the operational authorisation, for operations requiring such authorisation, it shall be conducted in cooperation with an entity designated by the competent authority;
• (iv) follow remote pilot training for operations under declaration that shall be conducted in accordance with the mitigation measures defined by the standard scenario;
• (v) have been informed about the UAS operator’s operations manual, if required by the risk assessment and procedures established in accordance with point (a);
• (vi) obtain updated information relevant to the intended operation about any geographical zones defined in accordance with Article 15;
• (e) ensure that personnel in charge of duties essential to the UAS operation, other than the remote pilot itself, comply with all of the following conditions:
• (i) have completed the on-the-job-training developed by the operator;
• (ii) have been informed about the UAS operator’s operations manual, if required by the risk assessment, and about the procedures established in accordance with point (a);
• (iii) have obtained updated information relevant to the intended operation about any geographical zones defined in accordance with Article 15;
• (f) carry out each operation within the limitations, conditions, and mitigation measures defined in the declaration or specified in the operational authorisation;
• (g) keep and maintain an up-to-date record of:
• (i) all the relevant qualifications and training courses completed by the remote pilot and the other personnel in charge of duties essential to the UAS operation and by the maintenance staff, for at least 3 years after those persons have ceased employment with the organisation or have changed their position in the organisation;
• (ii) the maintenance activities conducted on the UAS for a minimum of 3 years;
• (iii) the information on UAS operations, including any unusual technical or operational occurrences and other data as required by the declaration or by the operational authorisation for a minimum of 3 years;
• (h) use UAS which, as a minimum, are designed in such a manner that a possible failure will not lead the UAS to fly outside the operation volume or to cause a fatality. In addition, Man Machine interfaces shall be such to minimise the risk of pilot error and shall not cause unreasonable fatigue;
• (i) maintain the UAS in a suitable condition for safe operation by:
• (i) as a minimum, defining maintenance instructions and employing an adequately trained and qualified maintenance staff; and
• (ii) complying with point UAS.SPEC.100, if required;
• (iii) using an unmanned aircraft which is designed to minimise noise and other emissions, taking into account the type of the intended operations and geographical areas where the aircraft noise and other emissions are of concern.
• (j) establish and keep an up-to-date list of the designated remote pilots for each flight;
• (k) establish and keep an up-to-date list of the maintenance staff employed by the operator to carry out maintenance activities; and
• (l) ensure that each individual unmanned aircraft is installed with:
• (i) at least one green flashing light for the purpose of visibility of the unmanned aircraft at night, and
• (ii) an active and up-to-date remote identification system.

UAS.SPEC.060 Responsibilities of the remote pilot

• (1) The remote pilot shall:
• (a) not perform duties under the influence of psychoactive substances or alcohol or when it is unfit to perform its tasks due to injury, fatigue, medication, sickness or other causes;
• (b) have the appropriate remote pilot competency as defined in the operational authorisation, in the standard scenario defined in Appendix 1 or as defined by the LUC and carry a proof of competency while operating the UAS.
• (c) be familiar with manufacturer’s instructions provided by the manufacturer of the UAS.