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.)

(10) This certificate shall be valid for five years. The revalidation, within its validity period is subject to any of the following: (a) the demonstration of competencies in accordance with point (9); (b) the completion of a refresher training addressing the theoretical knowledge subjects as defined in point (9) provided by the competent authority or by an entity designated by the competent authority;

(11) In order to revalidate the certificate upon its expiration, the remote pilot shall comply with point (9).

UAS.STS-02.030 Responsibilities of the UAS operator

In addition to the responsibilities defined in UAS.SPEC.050, the UAS operator shall:

(1) develop an operations manual including the elements defined in Appendix 5;

(2) define the operational volume and ground risk buffer for the intended operations, including the controlled ground area covering the projections on the surface of the earth of both the volume and the buffer;

(3) ensure the adequacy of the contingency and emergency procedures through any of the following: (a) dedicated flight tests; (b) simulations, provided that the representativeness of the simulation means is appropriate for the intended purpose;

(4) develop an effective emergency response plan (ERP) suitable for the operation that includes at least: (a) the plan to limit the escalating effects of the emergency situation; (b) the conditions to alert the relevant authorities and organisations; (c) the criteria to identify an emergency situation; (d) clear delineation of the duties of the remote pilot(s) and any other personnel in charge of duties essential to the UAS operation;

(5) ensure that the level of performance for any externally provided service necessary for the safety of the flight is adequate for the intended operation;

(6) define the allocation of the roles and responsibilities between the operator and the external service provider(s), if applicable;

(7) upload updated information into the geo-awareness, if the function is installed on the UAS, when required by the UAS geographical zone for the intended location of the operation;

(8) ensure that, before starting the operation, all appropriate measures to reduce the risk of intrusion of uninvolved persons in the controlled ground area compliant with the minimum distance defined in point UAS.STS-02.020(2) have been taken and, when required, coordination with the appropriate authorities has been conducted;

(9) ensure that, before starting the operation, all persons present in the controlled ground area: (a) have been informed of the risks of the operation; (b) have been briefed and, if applicable, trained on the safety precautions and measures established by the UAS operator for their protection; and (c) have explicitly agreed to participate in the operation;

(10) before starting the operation, if airspace observers are used: (a) ensure the correct placement and number of airspace observers along the intended flight path; (b) verify: (i) that the visibility and the planned distance of the airspace observer are within acceptable limits as defined in the operations manual; (ii) the absence of potential terrain obstructions for each airspace observer; (iii) that there are no gaps between the zones covered by each of the airspace observers; (iv) that the communication with each airspace observer is established and effective; (v) that if means are used by the airspace observers to determine the position of the unmanned aircraft, those means are functioning and effective; (c) ensure that the airspace observers have been briefed on the intended path of the unmanned aircraft and the associated timing;

(11) ensure that: (a) the UAS is accompanied by the corresponding EU declaration of conformity, including the reference to class C6; (b) the class C6 identification label is affixed to the unmanned aircraft.

UAS.STS-02.040 Responsibilities of the remote pilot

In addition to the responsibilities defined in UAS.SPEC.060, the remote pilot shall:

(1) before starting an UAS operation: (a) set the programmable flight volume of the unmanned aircraft to keep it within the flight geography; (b) verify that the means to terminate the flight and the programmable operational volume functionality of the unmanned aircraft are operational; and, check if the direct remote identification is active and up-to-date.

(2) during flight: (a) unless supported by airspace observers, maintain a thorough airspace scan of the airspace surrounding the unmanned aircraft in order to avoid any risk of a 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; (b) have the ability to maintain control of the unmanned aircraft, except in the case of a lost command and control (C2) link; (c) operate only one unmanned aircraft at a time; (d) not operate the unmanned aircraft from a moving vehicle; (e) shall not hand over the control of the unmanned aircraft to another CMU; (f) inform the airspace observer(s), when employed, in a timely manner of any deviations of the unmanned aircraft from the intended path, and the associated timing; (g) perform the contingency procedures defined by the UAS operator for abnormal situations, including when the remote pilot has indication that the unmanned aircraft may exceed the limits of the flight geography; (h) perform the emergency procedures defined by the UAS operator for emergency situations, including triggering the means to terminate the flight when the remote pilot has an indication that the unmanned aircraft may exceed the limits of the operational volume.

UAS.STS-02.050 Responsibilities of the airspace observer

An airspace observer shall:

(1) maintain a thorough airspace scan of the airspace surrounding the unmanned aircraft in order to identify any risk of a collision with any manned aircraft;

(2) maintain awareness of the position of the unmanned aircraft through direct airspace observation or through assistance provided by electronic means;

(3) alert the remote pilot when a hazard is detected and assist in avoiding or minimising the potential negative effects.

The examination shall be defined in accordance with point 1 of Attachment A to Chapter I.

In addition to the areas defined in point A.2 of Attachment A to Chapter I, the following areas shall be covered:

Appendix 2

Appendix 3

An entity that intends to be recognised by the competent authority for conducting practical skill training and assessment of remote pilots for an STS, shall declare to the competent authority compliance with the following requirements using the declaration form in Appendix 6.

An UAS operator that intends to conduct practical skill training and assessment of remote pilots for an STS, in addition to submitting the operational declaration for that STS, shall declare to the competent authority compliance with the following requirements using the declaration form in Appendix 4.

If the competent authority or the UAS operator intends to conduct practical skill training and assessment of remote pilots for an STS in a Member State other than the Member State of registration, a copy of the declaration form in Appendix 4 shall be submitted to the competent authority of the Member State where the training is conducted.

If an entity recognised by the competent authority intends to conduct practical skill training and assessment of remote pilots for an STS in a Member State other than the Member State of recognition, a proof of the recognition shall be submitted to the competent authority of the Member State where the training is conducted.

(1)The entity recognised by the competent authority or the UAS operator shall ensure a clear separation between the training activities and any other operational activity to guarantee the independence of the evaluation.

(2)The entity recognised by the competent authority or the UAS operator shall have the capability to adequately perform the technical and administrative activities linked with the entire task process, including the adequacy of personnel and the use of facilities and equipment appropriate to the task.

(3)The entity recognised by the competent authority or the UAS operator shall have an accountable manager, with the responsibility for ensuring that all tasks are performed in compliance with the information and procedures identified in point (8).

(4)The personnel responsible for the practical skill training and practical skill assessment tasks shall:

(a) have the competence to conduct these tasks;

(b) be impartial and shall not participate in assessments if they feel that their objectivity may be affected;

(c) have a sound theoretical knowledge and practical skill training experience, and satisfactory knowledge of the requirements for the practical skill assessment tasks they carry out as well as adequate experience of such processes;

(d) have the ability to administer the declarations, records and reports that demonstrate that the relevant practical skill assessments have been carried out and to draw the conclusions of those practical skill assessments; and

(e) not disclose any information supplied by the operator or remote pilot to any person other than the competent authority upon their request.

(5)The training and assessment shall cover the practical skills corresponding to the STS for which the declaration is made, included in Attachment A to the relevant Chapter.

(6)The practical skill training and assessment location(s) shall be conducted in an environment representative of the conditions of the STS.

(7)The practical skill assessment shall consist of a continuous evaluation of the student remote pilot.

(8)The entity recognised by the competent authority or the UAS operator shall produce an assessment report after completing the practical skill assessment, which shall:

(a) include at least: (i) the student remote pilot’s identification details; (ii) the identity of the person responsible for the practical skill assessment; (iii) the identification of the STS for which the practical skill assessment has been performed; (iv) performance marks for each action performed by the student remote pilot; (v) an overall practical skill assessment of the student remote pilot’s competencies; and (vi) practical skill assessment feedback providing guidance on areas for improvement where applicable;

(b) be appropriately signed and dated by the person responsible for the practical skill assessment once complete; and

(c) be recorded and made available for inspection by the competent authority upon request.

(9)An accreditation of completion of the practical skill training for the STS shall be delivered to the student remote pilot by entity recognised by the competent authority or the UAS operator if the assessment report concludes that the student remote pilot has achieved a satisfactory level of practical skill.

(10)The issuance of the accreditation of completion of point (9) shall be notified to the competent authority of the Member State where the practical skill training and assessment are conducted including the student remote pilot’s identification details, the STS covered, the date of issuance and the identification details of the entity recognised by the competent authority of a Member State or the UAS operator issuing it.

(11)The entity recognised by the competent authority or the UAS operator shall include in the operations manual, developed in accordance with Appendix 5, a separate section covering the training elements, including the following:

(a) the nominated personnel conducting practical skill training and assessment, including: (i) descriptions of the respective personnel’s competence; (ii) the personnel’s duties and responsibilities; and (iii) a chart of the organisation showing the associated chains of responsibility;

(b) the procedures and processes used for practical skill training and assessment, including the training syllabus covering the practical skill corresponding to the STS for which the declaration is made, defined in Attachment A to the relevant Chapter;

(c) a description of the UAS and any other equipment, tools and environment used for the practical skill training and assessment; and

(d) a template for the assessment report.

Appendix 4

Appendix 5

The operations manual for STS defined in Appendix 1 shall contain at least the following:

(1) a statement that the operations manual complies with the relevant requirements of this Regulation and with the declaration, and contains instructions that are to be complied with by the personnel involved in flight operations;

(2) an approval signature by the accountable manager or the UAS operator in the case of a natural person;

(3) an overall description of the UAS operator’s organisation;

(4) a description of the concept of the operation, including at least: (a) the nature and description of the activities performed in the UAS operations, and the identified associated risks; (b) the operational environment and geographical area for the intended operations, including: (i) the characteristics of the area to be overflown in terms of the population density, topography, obstacles, etc.; (ii) the characteristics of the airspace to be used; (iii) the environmental conditions including at least the weather and the electromagnetic environment; (iv) the definition of the operational volume and risk buffers to address the ground and air risks; (c) the technical means used and their main characteristics, performance and limitations, including the UAS, external systems supporting the UAS operation, facilities, etc.; (d) the required personnel for conducting operations, including the composition of the team, their roles and responsibilities, selection criteria, initial training and recent experience requirements and/or recurrent training;

(5) the maintenance instructions required to keep the UAS in a safe condition, covering the UAS manufacturer’s maintenance instructions and requirements, if applicable;

(6) operational procedures, which shall be based on manufacturer’s instructions provided by the UAS manufacturer, and shall include: (a) consideration of the following to minimise human errors: (i) a clear distribution and assignment of tasks; and (ii) an internal checklist to check that staff are performing their assigned tasks adequately; (b) consideration of the deterioration of external systems supporting the UAS operation; (c) normal procedures, including at least: (i) pre-flight preparations and checklists, covering: (A) the assessment of the operational volume and related buffers (the ground risk buffer, and air risk buffer when applicable), including the terrain and potential obstacles and obstructions that may reduce the ability to keep the unmanned aircraft in visual line of sight or to scan the airspace, the potential overflight of persons who are not involved and potential overflight of critical infrastructure; (B) the assessment of the surrounding environment and airspace, including the proximity of UAS geographical zones and potential activities by other airspace users; (C) the environmental conditions suitable for conducting the UAS operation; (D) the minimum number of personnel in charge of duties essential to the UAS operation who are required to perform the operation, and their responsibilities; (E) the required communication procedures between the remote pilot(s) and any other personnel in charge of duties essential to the UAS operation and with any external parties, when needed; (F) compliance with any specific requirements from the relevant authorities in the intended area of operations, including those related to security, privacy, data and environmental protection, and the use of the RF spectrum; (G) the required risk mitigations in place to ensure the safe conduct of the operation; in particular, for the controlled ground area: (a) determination of the controlled ground area; and (b) securing the controlled ground area to prevent third parties from entering the area during the operation, and ensuring coordination with the local authorities, when needed; (H) the procedures to verify that the UAS is in a suitable condition to safely conduct the intended operation; (ii) launch and recovery procedures; (iii) in-flight procedures, including those to ensure that the unmanned aircraft remains within the flight geography; (iv) post-flight procedures, including the inspections to verify the condition of the UAS; (v) procedures for the detection of potentially conflicting aircraft by the remote pilot and, when required by the UAS operator, by airspace observer(s) or unmanned aircraft observer(s), as applicable; (d) contingency procedures, including at least: (i) procedures to cope with the unmanned aircraft leaving the designated ‘flight geography’; (ii) procedures to cope with persons who are not involved entering the controlled ground area; (iii) procedures to cope with adverse operating conditions; (iv) procedures to cope with the deterioration of external systems supporting the operation; (v) if airspace observers are employed, the phraseology to be used; (vi) Conflict avoidance procedures with other airspace users; (e) emergency procedures to cope with emergency situations, including at least: (i) procedures to avoid, or at least minimise, harm to third parties in the air or on the ground; (ii) procedures to cope with the unmanned aircraft leaving the ‘operational’ volume; (iii) procedures for the emergency recovery of the unmanned aircraft; (f) security procedures as referred to in point (1)(a)(ii) and (iii) of point UAS.SPEC.050; (g) the procedures for the protection of personal data referred to in point (1)(a)(iv) of point UAS.SPEC.050; (h) the guidelines to minimise nuisance and environmental impact referred to in point (1)(a)(v) of point UAS.SPEC.050; (i) occurrence reporting procedures; (j) record-keeping procedures; and (k) the policy defining how the remote pilot(s) and any other personnel in charge of duties essential to the UAS operation can declare themselves fit to operate before conducting any operation.

Appendix 6