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 (¹);

(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

Operations shall be classified as UAS operations in the ‘open’ category only where the following requirements are met:

(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

The competent authority shall specify whether the operational authorisation concerns:

(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.

An operational authorisation or a declaration shall not be required for:

(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

Operations shall be classified as UAS operations in the ‘certified’ category only where the following requirements are met:

(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 (²).

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 (³);

(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

Remote pilots operating UAS in the ‘specific’ category shall comply with the competency requirements set out in the operational authorisation by the competent authority or in the standard scenario defined in Appendix 1 to the Annex or as defined by the LUC and shall have at least the following competencies:

(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

No minimum age for remote pilots shall be required:

(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.

Member States may lower the minimum age following a risk-based approach taking into account specific risks associated with the operations in their territory:

(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

An operational risk assessment shall:

(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.

The description of the UAS operation shall include at least the following:

(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.

The identification of the risks shall include the determination of all of the below:

(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.

The identification of the possible mitigation measures necessary to meet the proposed target level of safety shall consider the following possibilities:

(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

The competent authority shall grant an operational authorisation when:

(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;