Commission Delegated Regulation (EU) 2020/1058 of 27 April 2020 amending Delegated Regulation (EU) 2019/945 as regards the introduction of two new unmanned aircraft systems classes

20.7.2020	EN	Official Journal of the European Union	L 232/1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ², and in particular Article 58 and Article 61 thereof,

Whereas:

• (1) The unmanned aircraft systems (‘UAS’), the operation of which presents a low risk and for which the UAS operator is allowed to submit a declaration based on the standard scenario listed in Appendix 1 to the Annex to Commission Implementing Regulation (EU) 2019/947 ³ should not be subject to standard aeronautical compliance procedures. The possibility to establish Union harmonisation legislation as referred to in paragraph 6 of Article 56 of Regulation (EU) 2018/1139 should be used for those UAS. Therefore, it is necessary to set out requirements that address the risks posed by the operation of those UAS, taking full account of other applicable Union harmonisation legislation. As a result, two new different classes of UAS should be created, characterised by different sets of requirements addressing different risks. Consequently, Chapter II of Commission Delegated Regulation (EU) 2019/945 ⁴ should cover these new classes.

• (2) UAS to be used under standard scenarios defined in Appendix 1 to the Annex of Implementing Regulation (EU) 2019/947 should meet product requirements defined in Chapter II of Delegated Regulation (EU) 2019/945 and therefore should be removed from the scope of Chapter III.

• (3) Those requirements should comply with the essential requirements provided for in Article 55 of Regulation (EU) 2018/1139, in particular as regards the specific features and functionalities necessary to mitigate risks pertaining to the safety of the flight, privacy, and protection of personal data, security or the environment, arising from the operation of those UAS.

• (4) Where manufacturers place UAS on the market with the intention of making them available for operations under the rules and conditions applicable to the ‘open’ category or under an operational declaration and therefore affix a class identification label on it, they should ensure the compliance of the UAS with the requirements of that class. Equally, where manufacturers place on the market accessories kits transforming a class C3 UAS into a C5, they should ensure compliance of the UAS fitted with the accessories kits with all the requirements of class C5.

• (5) In order to support the remote identification as one of the necessary elements for the functioning of U-space system under development, all UAS operated in the specific category should be equipped with a remote identification system.

• (6) Those UAS operated in the specific category and that are not required to register in accordance with Article 14 of Implementing Regulation (EU) 2019/947, should have a unique serial number, unless they are privately built.

• (7) The measures provided for in this Regulation are based on Opinion No 05/2019 ⁵ issued by the European Union Aviation Safety Agency (EASA) in accordance with Article 76(1) of Regulation (EU) 2018/1139.

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2019/945

Delegated Regulation (EU) 2019/945 is amended as follows:

• (1) in Article 1, paragraph 2 is replaced by the following.

‘2.   It also establishes rules on making UAS and accessories kit and remote identification add-ons available on the market and on their free movement in the Union.’;

• (2) in Article 2, paragraphs 1 and 2 of are replaced by the following.

‘1.   Chapter II of this Regulation applies to the following products:

• (a) UAS intended to be operated under the rules and conditions applicable to the ‘open’ category of UAS operations or to operational declarations under the ‘specific’ category of UAS operations pursuant to Regulation (EU) 2019/947, except privately built UAS, and bearing a class identification label as set out in Parts 1 to 5, 16 and 17 of the Annex to this Regulation indicating to which of the seven UAS classes referred to in Implementing Regulation (EU) 2019/947 it belongs;

• (b) class C5 accessories kits as set out in Part 16;

• (c) remote identification add-ons as set out in Part 6 of the Annex to this Regulation.

1. Chapter III of this Regulation applies to UAS operated under the rules and conditions applicable to the ‘certified’ and ‘specific’ categories of UAS operations pursuant to Implementing Regulation (EU) 2019/947 except when conducted under a declaration.’;

• (3) In Article 3, the following points (38), (39) and (40) are added:

• ‘(38) ‘command unit’ (‘CU’) means the equipment or system of equipment to control unmanned aircraft remotely as defined in point 32 of Article 3 of Regulation (EU) 2018/1139 which supports the control or the monitoring of the unmanned aircraft during any phase of flight, with the exception of any infrastructure supporting the command and control (C2) link service;

• (39) ‘C2 link service’ means a communication service supplied by a third party, providing command and control between the unmanned aircraft and the CU;’

• (40) ‘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

• (4) the title of Chapter II is replaced by the following:

‘UAS intended to be operated in the ‘open’ category or in the ‘specific’ category under operational declaration, accessories kits bearing a class identification label and remote identification add-ons’

• (5) in Article 4, paragraph 1 is replaced by the following:

‘1.   The products referred to in paragraph 1 of Article 2 shall meet the requirements set out in Parts 1 to 6, 16 and 17 of the Annex.’;

• (6) in Article 5, the following paragraph 3 is added:

‘3.   Paragraphs 1 to 4 of Article 4 of Regulation (EU) 2019/1020 of the European Parliament and of the Council shall apply as from 16 July 2021.’;

• (7) in Article 6, paragraph 1 is replaced by the following:

‘1.   When placing their product on the Union market, manufacturers shall ensure that it has been designed and manufactured in compliance with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex.’;

• (8) in Article 6, paragraph 2 is replaced by the following:

‘2.   Manufacturers shall draw up the technical documentation provided for in Article 17 and carry out the relevant conformity assessment procedure referred to in Article 13 or have it outsourced.

Where compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated by that conformity assessment procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.’;

• (9) in Article 6, paragraph 5 is replaced by the following:

‘5.   Manufacturers of UAS shall ensure that the UA bears a type within the meaning of Decision 768/2008/EC and a unique serial number allowing for its identification, and if applicable, compliant with the requirements defined in the corresponding Parts 2 to 4, 16 and 17 of the Annex. Manufacturers of class C5 accessories kits shall ensure that the kits bears a type and a unique serial number allowing for their identification. Manufacturers of remote identification add-ons shall ensure that the remote identification add-on bears a type and a unique serial number allowing for their identification and compliant with the requirements defined in Part 6 of the Annex. In all cases, manufacturers shall ensure that a unique serial number is also affixed to the EU declaration of conformity or to the simplified EU declaration of conformity referred to in Article 14.’;

• (10) in Article 6, paragraph 7 is replaced by the following:

‘7.   Manufacturers shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in a language which can be easily understood by consumers and other end users, as determined by the Member State concerned. Such manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.’;

• (11) in Article 6, the following paragraph 11 is added:

‘11.   When placing on the market a class C5 or C6 UAS or a class C5 add-on, manufacturers shall inform the market surveillance authority of the MS of their principal place of business.’;

• (12) in Article 8, the second subparagraph of paragraph 2 is replaced by the following:

‘Where an importer considers or has reasons to believe that a product is not in conformity with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex, they shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk for the health and safety of consumers and third parties, the importer shall inform the manufacturer and the competent national authorities to that effect.’;

• (13) In Article 8, paragraph 4 is replaced by the following:

‘4.   Importers shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in a language which can be easily understood by consumers and other end users, as determined by the Member State concerned. That manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.’;

• (14) in Article 8, the following paragraph 10 is added:

’10   When placing on the market a class C5 or C6 UAS or a class C5 add-on, importers shall inform the market surveillance authority of the MS of their principal place of business.’;

• (15) in Article 9 the two first subparagraphs of paragraph 2 are replaced by the following:

‘2.   Before making a product available on the market, distributors shall verify that the product bears the CE marking and, when applicable, the UA class identification label and the indication of the sound power level, is accompanied by the documents referred to in paragraphs 7 and 8 of Article 6 and that the manufacturer and the importer have complied with the requirements set out in paragraphs 5 and 6 of Article 6 and in paragraph 3 of Article 8.

Distributors shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in a language which can be easily understood by consumers and other end users, as determined by the Member State concerned. Those manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.’;

• (16) Article 12 is replaced by the following:

‘A product which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Parts 1 to 6, 16 and 17 of the Annex.’;

• (17) in Article 13, paragraph 1 is replaced by the following:

‘1.   The manufacturer shall perform a conformity assessment of the product using one of the following procedures with a view to establishing its compliance with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex. The conformity assessment shall take into account all intended and foreseeable operating conditions.’;

• (18) in Article 13, point (a) of paragraph 2 of is replaced by the following:

• ‘(a) internal production control as set out in Part 7 of the Annex, when assessing the compliance of a product with the requirements set out in Parts 1, 5, 6, 16 or 17 of the Annex, subject to the condition that the manufacturer has applied harmonised standards, the references of which have been published in the Official Journal of the European Union, for all the requirements for which such standards exist;’;

• (19) in Article 14, paragraph 1 is replaced by the following:

‘1.   The EU declaration of conformity referred to in paragraph 8 of Article 6 shall state that compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated and, for UAS, identify its class.’;

• (20) in Article 16, paragraph 2 is replaced by the following:

‘2.   The UA class identification label shall be affixed visibly, legibly and indelibly to the UA or, when relevant, to each accessories of a class C5 accessories kit, and its packaging and shall be at least 5 mm high. The affixing to a product of markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the class identification label shall be prohibited.’;

• (21) in Article 17, paragraph 1 is replaced by the following:

‘1.   The technical documentation shall contain all relevant data and details of the means used by the manufacturer to ensure that the product complies with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex. It shall, at least, contain the elements set out in Part 10 of the Annex.’;

• (22) in Article 17, paragraph 4 is replaced by the following:

‘4.   Where the technical documentation does not comply with paragraphs 1, 2 or 3 of this Article, the market surveillance authority may ask the manufacturer or the importer to have a test performed by a body acceptable to the market surveillance authority at the expense of the manufacturer or the importer within a specified period in order to verify compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex which applies to it.’;

• (23) in Article 30, paragraph 3 of is replaced by the following:

‘3.   Where a notified body finds that the requirements set out in Parts 1 to 6, 16 and 17 of the Annex or in corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it shall require the manufacturer to take appropriate corrective measures and shall not issue an EU-type examination certificate or a quality system approval.’;

• (24) in Article 36, the first subparagraph of paragraph 1 is replaced by the following:

‘1.   Where the market surveillance authorities of one Member State have sufficient reason to believe that a product presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Chapter, they shall carry out an evaluation in relation to the product concerned, covering all applicable requirements laid down in this Chapter. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.’;

• (25) the title of Chapter III is replaced by the following:

‘Requirements for UAS operated in the ‘certified’ the ‘specific’ categories except when conducted under a declaration’;

• (26) Article 40 is replaced by the following:

‘Article 40

Requirements for UAS operated in the ‘certified’ and ‘specific’ categories except when conducted under a declaration.

• 1. The design, production and maintenance of UAS shall be certified if the UAS meets any of the following conditions:

• (a) it has a characteristic dimension of 3 m or more, and is designed to be operated over assemblies of people;

• (b) it is designed for transporting people;

• (c) it is designed for the purpose of transporting dangerous goods and requiring a high level of robustness to mitigate the risks for third parties in case of accident;

• (d) it is intended to be used in the ‘specific’ category of operations defined in Article 5 of Implementing Regulation (EU) 2019/947 and in the operational authorisation to be issued by the competent authority, following a risk assessment provided for in Article 11 of Implementing Regulation (EU) 2019/947, considers that the risk of the operation cannot be adequately mitigated without the certification of the UAS.

• 1. A UAS subject to certification shall comply with the applicable requirements set out in Commission Regulation (EU) No 748/2012, Commission Regulation (EU) 2015/640 and Commission Regulation (EU) No 1321/2014.

• 1. Unless it needs to be certified in accordance with paragraph 1, a UAS used in the ‘specific’ category shall feature the technical capabilities set out in the operational authorisation issued by the competent authority or as defined by the Light UAS Operator Certificate (LUC) pursuant to Part C of the Annex to Implementing Regulation (EU) 2019/947.

• 1. Unless privately built, all UAS not subject to registration according to Article 14 of the Implementing Regulation (EU) 2019/947 shall have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019.

• 1. Each UA intended to be operated in the ‘specific’ category and at a height below 120 meters shall be equipped with a remote identification system that allows:

• (a) the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system. The system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration. In case of inconsistency, the UAS shall emit an error message to the UAS operator;

• (b) the periodic transmission of at least the following data, in real time during the whole duration of the flight, in a way that it can be received by existing mobile devices:

• (i) the UAS operator registration number and the verification code provided by the Member State during the registration process unless the consistency check defined in point(a) is not passed;

• (ii) the unique serial number of the UA compliant with paragraph 4 or, if the UA is privately built, the unique serial number of the add on, as specified in Part 6 of the Annex;

• (iii) the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• (iv) the route course measured clockwise from true north and ground speed of the UA;

• (v) the geographical position of the remote pilot;

• (vi) an indication of the emergency status of the UAS.

• (c) to reduce the ability of tampering the functionality of the direct remote identification system.’;

• (27) The Annex to Delegated Regulation (EU) 2019/945 is replaced by the Annex to this Regulation.

Article 2

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 27 April 2020.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

PART 1

Requirements for a class C0 Unmanned aircraft system

A class C0 UAS bears the following class identification label on the UA:

Image omitted; see official source

A class C0 UAS shall comply with the following:

• (1) have an MTOM of less than 250 g, including payload;

• (2) have a maximum speed in level flight of 19 m/s;

• (3) have a maximum attainable height above the take-off point limited to 120 m;

• (4) be safely controllable with regards to stability, manoeuvrability and the command and control link performance, by a remote pilot following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;

• (5) be designed and constructed in such a way as to minimise injury to people during operation, sharp edges shall be avoided, unless technically unavoidable under good design and manufacturing practice. If equipped with propellers, the UA shall be designed in such a way as to limit any injury that may be inflicted by the propeller blades;

• (6) be exclusively powered by electricity;

• (7) if equipped with a follow-me mode and when this function is on, be in a range not exceeding 50 m from the remote pilot, and make it possible for the remote pilot to regain control of the UA;

• (8) be placed on the market with manufacturer’s instructions providing:

• (a) the characteristics of the UA including but not limited to the:

• — class of the UA

• — UA mass (with a description of the reference configuration) and the maximum take-off mass (MTOM);

• — general characteristics of allowed payloads in terms of mass, dimensions, interfaces with the UA and other possible restrictions;

• — equipment and software to control the UA remotely; and

• — a description of the behaviour of the UA in case of a loss of the command and control link;

• (b) clear operational instructions;

• (c) operational limitations (including but not limited to meteorological conditions and day/night operations); and

• (d) appropriate description of all the risks related to UAS operations adapted for the age of the user;

• (9) include an information notice published by the European Union Aviation Safety Agency (EASA) providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;

• (10) Points (4), (5) and (6) do not apply to UAS that are toys in the meaning of Directive 2009/48/EC on the safety of toys.

PART 2

Requirements for a class C1 Unmanned aircraft system

A class C1 UAS bears the following class identification label on the UA:

Image omitted; see official source

A class C1 UAS shall comply with the following:

• (1) be made of materials and have performance and physical characteristics such as to ensure that in the event of an impact at terminal velocity with a human head, the energy transmitted to the human head is less than 80 J, or, as an alternative, shall have an MTOM of less than 900 g, including payload;

• (2) have a maximum speed in level flight of 19 m/s;

• (3) have a maximum attainable height above the take-off point limited to 120 m or be equipped with a system that limits the height above the surface or above the take-off point to 120 m or to a value selectable by the remote pilot; if the value is selectable, clear information about the height of the UA above the surface or take-off point during flight shall be provided to the remote pilot;

• (4) be safely controllable with regards to stability, manoeuvrability and the command and control link performance, by a remote pilot with adequate competency as defined in Implementing Regulation (EU) 2019/947 and following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;

• (5) have the requisite mechanical strength for the UA, including any necessary safety factor, and, where appropriate, stability to withstand any stress to which it is subjected to during use without any breakage or deformation that might interfere with its safe flight;

• (6) be designed and constructed in such a way as to minimise injury to people during operation, sharp edges of the UA shall be avoided, unless technically unavoidable under good design and manufacturing practice; if equipped with propellers, the UA shall be designed in such a way as to limit any injury that may be inflicted by the propeller blades;

• (7) in case of a loss of the command and control link, have a reliable and predictable method for the UA to recover the command and control link or if this fails, terminate the flight in a way that reduces the effect on third parties in the air or on the ground;

• (8) unless it is a fixed-wing UA, have a guaranteed A-weighted sound power level LWA determined as per Part 13 not exceeding the levels established in Part 15;

• (9) unless it is a fixed-wing UA, have the indication of the guaranteed A-weighted sound power level affixed on the UA and/or its packaging as per Part 14;

• (10) be exclusively powered by electricity;

• (11) have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019;

• (12) have a direct remote identification that:

• (a) allows the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system; the system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration; in case of inconsistency, the UAS shall emit an error message to the UAS operator;

• (b) ensures, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:

• i the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point (a) is not passed;

• ii the unique physical serial number of the UA compliant with point (11);

• iii the time-stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv the route course measured clockwise from true north and ground speed of the UA;

• v the geographical position of the remote pilot or, if not available, the take-off point; and

• vi an indication of the emergency status of the UAS;

• (c) reduces the ability of tampering the functionality of the direct remote identification system;

• (13) be equipped with a geo-awareness function that provides:

• (a) an interface to load and update data containing information on airspace limitations related to UA position and height imposed by the UAS geographical zones, as defined by Article 15 of Implementing Regulation (EU) 2019/947, which ensures that the process of loading or updating such data does not degrade its integrity and validity;

• (b) a warning alert to the remote pilot when a potential breach of airspace limitations is detected; and

• (c) information to the remote pilot on the UA’s status as well as a warning alert when its positioning or navigation systems cannot ensure the proper functioning of the geo-awareness function;

• (14) if the UA has a function that limits its access to certain airspace areas or volumes, this function shall operate in such a manner that it interacts smoothly with the flight control system of the UA without adversely affecting flight safety; in addition, clear information shall be provided to the remote pilot when this function prevents the UA from entering these airspace areas or volume;

• (15) provide the remote pilot with clear warning when the battery of the UA or its command unit reaches a low level such that the remote pilot has sufficient time to safely land the UA;

• (16) be equipped:

• (a) with lights for the purpose of controllability of the UA; and

• (b) with at least one green flashing light for the purpose of conspicuity of the UA at night to allow a person on the ground to distinguish the UA from a manned aircraft;

• (17) if equipped with a follow-me mode and when this function is on, be in a range not exceeding 50 m from the remote pilot, and make it possible for the remote pilot to regain control of the UA;

• (18) be placed on the market with manufacturer’s instructions providing:

• (a) the characteristics of the UA including but not limited to the:

• — class of the UA;

• — UA mass (with a description of the reference configuration) and the maximum take-off mass (MTOM);

• — general characteristics of allowed payloads in terms of mass, dimensions, interfaces with the UA and other possible restrictions;

• — equipment and software to control the UA remotely;

• — the procedures to upload the UAS operator registration number into the remote identification system;

• — reference of the transmission protocol used for the direct remote identification system emission;

• — sound power level; and

• — a description of the behaviour of the UA in case of a loss of data link; and the method to recover the command and control link of the UA.

—

• (b) clear operational instructions;

• (c) procedure to upload the airspace limitations into the geo-awareness function;

• (d) maintenance instructions;

• (e) troubleshooting procedures;

• (f) operational limitations (including but not limited to meteorological conditions and day/night operations); and

• (g) appropriate description of all the risks related to UAS operations;

• (19) include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;.

• (20) if equipped with a network remote identification system it shall:

• (a) allow, in real time during the whole duration of the flight, the transmission from the UA using an open and documented transmission protocol, in a way that it can be received through a network, of at least the following data;

• i the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point (a) is not passed;

• ii the unique serial number of the UA compliant with point (11);

• iii the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv the route course measured clockwise from true north and ground speed of the UA;

• v the geographical position of the remote pilot or, if not available, the take-off point; and

• vi an indication of the emergency status of the UAS;

• (b) reduce the ability of tampering the functionality of the direct remote identification system.

PART 3

Requirements for a class C2 Unmanned aircraft system

A class C2 UAS bears the following class identification label on the UA:

Image omitted; see official source

A class C2 UAS shall comply with the following:

• (1) have an MTOM of less than 4 kg, including payload;

• (2) have a maximum attainable height above the take-off point limited to 120 m or be equipped with a system that limits the height above the surface or above the take-off point to 120 m or to a value selectable by the remote pilot. If the value is selectable, clear information about the height of the UA above the surface or take-off point during flight shall be provided to the remote pilot;

• (3) be safely controllable with regard to stability, manoeuvrability and the command and control link performance, by a remote pilot with adequate competency as defined in Implementing Regulation (EU) 2019/947 and following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;

• (4) have the requisite mechanical strength for the UA, including any necessary safety factor, and, where appropriate, stability to withstand any stress to which it is subjected to during use without any breakage or deformation that might interfere with its safe flight;

• (5) in the case of a tethered UA, have a tensile length of the tether that is less than 50 m and a mechanical strength that is no less than:

• (a) for heavier-than-air aircraft, 10 times the weight of the aerodyne at maximum mass;

• (b) for lighter-than-air aircraft, 4 times the force exerted by the combination of the maximum static thrust and the aerodynamic force of the maximum allowed wind speed in flight;

• (6) be designed and constructed in such a way as to minimise injury to people during operation, sharp edges of the UA shall be avoided, unless technically unavoidable under good design and manufacturing practice; if equipped with propellers, the UA shall be designed in such a way as to limit any injury that may be inflicted by the propeller blades;

• (7) unless tethered, in case of a loss of the command and control link, have a reliable and predictable method for the UA to recover the command and control link or, if it fails, terminate the flight in a way that reduces the effect on third parties in the air or on the ground;

• (8) unless tethered, be equipped with a command and control link protected against unauthorised access to the command and control functions;

• (9) unless it is a fixed-wing UA, be equipped with a low-speed mode selectable by the remote pilot and limiting the ground speed to no more than 3 m/s.

• (10) unless it is a fixed-wing UA, have a guaranteed A-weighted sound power level LWA determined as per Part 13 not exceeding the levels established in Part 15;

• (11) unless it is a fixed-wing UA, have the indication of the guaranteed A-weighted sound power level affixed on the UA and/or its packaging as per Part 14;

• (12) be exclusively powered by electricity;

• (13) have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019;

• (14) have a direct remote identification that:

• (a) allows the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system. The system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration. In case of inconsistency, the UAS shall emit am error message to the UAS operator;

• (b) ensures, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:

• i the UAS operator registration number and the verification code provided by the Member State during the registration process, unless the consistency check defined in point (a) is not passed;

• ii the unique serial number of the UA compliant with point (13);

• iii the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv the route course measured clockwise from true north and ground speed of the UA;

• v the geographical position of the remote pilot or, if not available, the take-off point; and

• vi an indication of the emergency status of the UAS;

• (c) reduces the ability of tampering the functionality of the direct remote identification system.

• (15) be equipped with a geo-awareness function that provides:

• (a) an interface to load and update data containing information on airspace limitations related to UA position and height imposed by the UAS geographical zones, as defined by article 15 of Implementing Regulation (EU) 2019/947, which ensures that the process of loading or updating of this data does not degrade its integrity and validity;

• (b) a warning alert to the remote pilot when a potential breach of airspace limitations is detected; and

• (c) information to the remote pilot on the UA’s status as well as a warning alert when its positioning or navigation systems cannot ensure the proper functioning of the geo-awareness function;

• (16) if the UA has a function that limits its access to certain airspace areas or volumes, this function shall operate in such a manner that it interacts smoothly with the flight control system of the UA without adversely affecting flight safety; in addition, clear information shall be provided to the remote pilot when this function prevents the UA from entering these airspace areas or volumes;

• (17) provide the remote pilot with clear warning when the battery of the UA or its command unit reaches a low level such that the remote pilot has sufficient time to safely land the UA;

• (18) be equipped:

• (a) with lights for the purpose of controllability of the UA; and

• (b) with at least one green flashing light for the purpose of conspicuity of the UA at night to allow a person on the ground, to distinguish the UA from a manned aircraft;

• (19) be placed on the market with manufacturer’s instructions providing:

• (a) the characteristics of the UA including but not limited to the:

• — class of the UA;

• — UA mass (with a description of the reference configuration) and the maximum take-off mass (MTOM);

• — general characteristics of allowed payloads in terms of mass, dimensions, interfaces with the UA and other possible restrictions;

• — equipment and software to control the UA remotely;

• — the procedures to upload the UAS operator registration number into the remote identification system

• — reference of the transmission protocol used for the direct remote identification system emission;

• — sound power level; and

• — description of the behaviour of the UA in case of a loss of the command and control link, and the method to recover the command and control link of the UA; and

—

• (b) clear operational instructions;

• (c) the procedure to upload the airspace limitations into the geo-awareness function;

• (d) maintenance instructions;

• (e) troubleshooting procedures;

• (f) operational limitations (including but not limited to meteorological conditions and day/night operations); and

• (g) appropriate description of all the risks related to UAS operations;

• (20) include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;

• (21) if equipped with a network remote identification system it shall:

• (a) ensure, in real time during the whole duration of the flight, the transmission from the UA using an open and documented transmission protocol, in a way that it can be received through a network, of at least the following data;

• i the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point 14(a) is not passed;

• ii the unique serial number of the UA compliant with point (13);

• iii the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv the route course measured clockwise from true north and ground speed of the UA;

• v the geographical position of the remote pilot or, if not available, the take-off point; and

• vi an indication of the emergency status of the UAS;

• (b) reduce the ability of tampering the functionality of the direct remote identification system.

PART 4

Requirements for a class C3 Unmanned aircraft system

A class C3 UAS bears the following class identification label on the UA:

Image omitted; see official source

A class C3 UAS shall comply with the following:

• (1) have an MTOM of less than 25 kg, including payload, and have a maximum characteristic dimension of less than 3 m;

• (2) have a maximum attainable height above the take-off point limited to 120 m or be equipped with a system that limits the height above the surface or above the take-off point to 120 m or to a value selectable by the remote pilot. If the value is selectable, clear information about the height of the UA above the surface or take-off point during flight shall be provided to the remote pilot;

• (3) be safely controllable with regard to stability, manoeuvrability and the command and control link performance, by a remote pilot with adequate competency as defined in Implementing Regulation (EU) 2019/947 and following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;

• (4) in the case of a tethered UA, have a tensile length of the tether that is less than 50 m and a mechanical strength of no less than:

• (a) for heavier-than-air aircraft, 10 times the weight of the aerodyne at maximum mass;

• (b) for lighter-than-air aircraft, 4 times the force exerted by the combination of the maximum static thrust and the aerodynamic force of the maximum allowed wind speed in flight;

• (5) unless tethered, in case of a loss of the command and control link, have a reliable and predictable method for the UA to recover the command and control link or, if it fails, terminate the flight in a way that reduces the effect on third parties in the air or on the ground;

• (6) unless it is a fixed-wing UA, have the indication of the guaranteed A-weighted sound power level LWA determined as per Part 13 affixed on the UA and/or its packaging as per Part 14;

• (7) be exclusively powered by electricity;

• (8) have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019;

• (9) unless tethered, have a direct remote identification that:

• (a) allows the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system; the system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration; in case of inconsistency, the UAS shall emit an error message to the UAS operator;

• (b) ensures, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:

• i the UAS operator registration number and the verification code provided by the Member State during the registration process unless the consistency check defined in point (a) is not passed;

• ii the unique serial number of the UA compliant with point (8);

• iii the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv the route course measured clockwise from true north and ground speed of the UA;

• v the geographical position of the remote pilot or, if not available, the take-off point; and

• vi an indication of the emergency status of the UAS;

• (c) reduces the ability of tampering the functionality of the direct remote identification system;

• (10) be equipped with a geo-awareness function that provides:

• (a) an interface to load and update data containing information on airspace limitations related to UA position and height imposed by the UAS geographical zones, as defined by article 15 of Implementing Regulation (EU) 2019/947, which ensures that the process of loading or updating of this data does not degrade its integrity and validity;

• (b) a warning alert to the remote pilot when a potential breach of airspace limitations is detected; and

• (c) information to the remote pilot on the UA’s status as well as a warning alert when its positioning or navigation systems cannot ensure the proper functioning of the geo-awareness function;

• (11) if the UA has a function that limits its access to certain airspace areas or volumes, this function shall operate in such a manner that it interacts smoothly with the flight control system of the UA without adversely affecting flight safety; in addition, clear information shall be provided to the remote pilot when this function prevents the UA from entering these airspace areas or volumes;

• (12) unless tethered, be equipped with a command and control link protected against unauthorised access to the command and control functions;

• (13) provide the remote pilot with clear warning when the battery of the UA or its command unit reaches a low level such that the remote pilot has sufficient time to safely land the UA;

• (14) be equipped:

• (a) with lights for the purpose of controllability of the UA; and

• (b) with at least one green flashing light for the purpose of conspicuity of the UA at night to allow a person on the ground to distinguish the UA from a manned aircraft;

• (15) be placed on the market with manufacturer’s instructions providing:

• (a) the characteristics of the UA including but not limited to the:

• — class of the UA;

• — UA mass (with a description of the reference configuration) and the maximum take-off mass (MTOM);

• — general characteristics of allowed payloads in terms of mass, dimensions, interfaces with the UA and other possible restrictions;

• — equipment and software to control the UA remotely;

• — the procedures to upload the UAS operator registration number into the remote identification system;

• — reference of the transmission protocol used for the direct remote identification system emission;

• — sound power level;

• — description of the behaviour of the UA in case of a loss of the command and control link, and the method to recover command and control link of the UA.

• (b) clear operational instructions;

• (c) the procedure to upload the airspace limitations into the geo-awareness function;

• (d) maintenance instructions;

• (e) troubleshooting procedures

• (f) operational limitations (including but not limited to meteorological conditions and day/night operations); and

• (g) appropriate description of all the risks related to UAS operations;

• (16) include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;

• (17) if equipped with a network remote identification system it shall:

• (a) ensure, in real time during the whole duration of the flight, the transmission from the UA using an open and documented transmission protocol, in a way that it can be received through a network, of at least the following data;

• i. the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point 9(a) is not passed;

• ii. the unique serial number of the UA compliant with point (8);

• iii. the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv. the route course measured clockwise from true north and ground speed of the UA;

• v. the geographical position of the remote pilot or, if not available, the take-off point; and

• vi. an indication of the emergency status of the UAS;

• (b) reduce the ability of tampering the functionality of the direct remote identification system.

PART 5

Requirements for a class C4 Unmanned aircraft system

A class C4 UAS bears the following label on the UA in a visible manner:

Image omitted; see official source

A class C4 UAS shall comply with the following:

• (1) have an MTOM of less than 25 kg, including payload;

• (2) be safely controllable and manoeuvrable by a remote pilot following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;

• (3) not be capable of automatic control modes except for flight stabilisation assistance with no direct effect on the trajectory and lost link assistance provided that a pre-determined fixed position of the flight controls in case of lost link is available;

• (4) be placed on the market with manufacturer’s instructions providing:

• (a) the characteristics of the UA including but not limited to the:

• — class of the UA

• — UA mass (with a description of the reference configuration) and the maximum take-off mass (MTOM);

• — general characteristics of allowed payloads in terms of mass, dimensions, interfaces with the UA and other possible restrictions;

• — equipment and software to control the UA remotely; and

• — and a description of the behaviour of the UA in case of a loss of the command and control link;

• (b) clear operational instructions;

• (c) maintenance instructions;

• (d) troubleshooting procedures;

• (e) operational limitations (including but not limited to meteorological conditions and day/night operations); and

• (f) appropriate description of all the risks related to UAS operations;

• (5) include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947.

PART 6

Requirements for a direct remote identification add-on

A direct remote identification add-on shall comply with the following:

• (1) allow the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system; the system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration; in case of inconsistency, the system shall emit an error message to the UAS operator;

• (2) have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019, affixed to the add-on and its packaging or its manufacturer’s instructions in a legible manner;

• (3) ensure, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:

• i the UAS operator registration number and the verification code provided by the Member State of registration the during the registration process unless the consistency check defined in point (a) is not passed;

• ii the unique serial number of the add-on compliant with point (2);

• iii the time stamp, the geographical position of the UA and its height above the surface or take-off point;

• iv the route course measured clockwise from true north and ground speed of the UA; and

• v the geographical position of the remote pilot or, if not available, the take-off point;

• (4) reduce the ability of tampering the functionality of the direct remote identification system; and

• (5) be placed on the market with manufacturer’s instructions providing the reference of the transmission protocol used for the direct remote identification emission and the instruction to:

• (a) install the module on the UA; and

• (b) upload the UAS operator registration number.

PART 7

Conformity assessment Module A – Internal production control

	1.	Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations set out in points 2, 3 and 4 of this Part, and ensures and declares on their sole responsibility that the products concerned satisfy the requirements set out in Parts 1, 5, 6, 16 or 17 which apply to them.
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	2.	Technical documentation The manufacturer shall develop the technical documentation in accordance with Article 17 of this Regulation.
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	3.	Manufacturing The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with the technical documentation referred to in point 2 of this Part and with the requirements set out in Parts 1, 5, 6, 16 or 17 which apply to them.
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	4.	CE marking and EU declaration of conformity (1) In accordance with Articles 15 and 16 of this Regulation, the manufacturer shall affix the CE marking and, when applicable, the UA class identification label, to each individual product that satisfies the applicable requirements set out in Parts 1, 5, 6, 16 or 17 which apply to them. (2) The manufacturer shall draw up a written EU declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the national authorities for 10 years after the product has been placed on the market. The EU declaration of conformity shall clearly identify the product for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.
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	5.	Authorised representative The manufacturers’ obligations set out in point 4 may be fulfilled by an authorised representative, on their behalf and under their responsibility, provided that they are specified in the mandate.

PART 8

Conformity assessment Modules B and C – EU-type examination and conformity to type based on internal production control

When reference is made to this Part, the conformity assessment procedure shall follow Modules B (EU-type examination) and C (Conformity to type based on internal production control) of this Part.

Module B

EU-type examination

	1.	EU-type examination is the part of a conformity assessment procedure in which a notified body examines the technical design of the product and verifies and attests that the technical design of the product meets the applicable requirements set out in Parts 1 to 6, 16 and 17.
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	2.	EU-type examination shall be carried out by an assessment of the adequacy of the technical design of the product through examination of the technical documentation and supporting evidence referred to in point 3, plus examination of specimens, representative of the production envisaged, of one or more critical parts of the product (combination of production type and design type).
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	3.	The manufacturer shall lodge an application for EU-type examination with a single notified body of his choice. The application shall include: (1) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address as well; (2) a written declaration that the same application has not been lodged with any other notified body; (3) the technical documentation; the technical documentation shall make it possible to assess the product’s conformity with the applicable requirements of this Regulation and shall include an adequate analysis and assessment of the risk(s); the technical documentation shall contain, wherever applicable, the elements set out in Article 17 of this Regulation; (4) the specimens representative of the production envisaged; the notified body may request further specimens if needed for carrying out the test programme; (5) the supporting evidence for the adequacy of the technical design solution; this supporting evidence shall mention any documents that have been used, in particular where the relevant harmonised standards and/or technical specifications have not been applied or have not been applied in full; the supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer or by another testing laboratory on his behalf and under his responsibility.
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	4.	The notified body shall: For the product: (1) examine the technical documentation and supporting evidence to assess the adequacy of the product’s technical design. For the specimen(s): (2) verify that the specimen(s) has (have) been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards and/or technical specifications, as well as the elements which have been designed without applying the relevant provisions of those standards; (3) carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards and/or technical specifications, these have been applied correctly; (4) carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant harmonised standards and/or technical specifications have not been applied, the solutions adopted by the manufacturer meet the corresponding essential requirements of the legislative instrument; (5) agree with the manufacturer on a location where the examinations and tests will be carried out.
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	5.	The notified body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations as provided in point 8, the notified body shall release the content of this report, in full or in part, only with the agreement of the manufacturer.
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	6.	Where the type meets the requirements of this Regulation, the notified body shall issue an EU-type examination certificate to the manufacturer. This certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the relevant aspects of the requirements covered by the examination, the conditions (if any) for its validity, and the data necessary for the identification of the approved type. The certificate may have one or more annexes attached to it. The EU certificate and its annexes shall contain all relevant information to allow the conformity of manufactured products with the examined type to be evaluated and to allow for in service control. Where the type does not satisfy the applicable requirements of this Regulation, the notified body shall refuse to issue an EU-type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.
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	7.	The notified body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicates that the approved type may no longer comply with the applicable requirements of this Regulation, and shall determine whether such changes require further investigation. If so, the notified body shall inform the manufacturer accordingly. The manufacturer shall inform the notified body that holds the technical documentation relating to the EU-type examination certificate of all modifications to the approved type that may affect the product’s conformity with the essential requirements of this Regulation or the conditions for the certificate’s validity. Such modifications shall require additional approval and attached to the original EU-type examination certificate.
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	8.	Each notified body shall inform its notifying authority concerning the EU-type examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of certificates and/or any additions thereto refused, suspended or otherwise restricted. Each notified body shall inform the other notified bodies concerning the EU-type examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning the certificates and/or additions thereto which it has issued. The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU-type examination certificates and/or additions thereto. On a reasoned request, the Commission and the Member States may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body. The notified body shall keep a copy of the EU-type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer for 10 years after the product has been assessed or until the validity of the certificate expires.
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	9.	The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the product has been placed on the market.
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	10.	The manufacturer’s authorised representative may lodge the application referred to in point 3 and fulfil the obligations set out in points 7 and 9, provided that they are specified in the mandate.

Module C

Conformity to type based on internal production control

	1.	Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 3, and ensures and declares that the products concerned are in conformity with the type described in the EU-type examination certificate and satisfy the applicable requirements of this Regulation.
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	2.	Manufacturing The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with the approved type described in the EU-type examination certificate and with the applicable requirements set out in Parts 1 to 6, 16 and 17.
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	3.	CE marking and EU declaration of conformity (1) The manufacturer shall affix the CE marking and, when relevant, the UA class identification label in accordance with Articles 15 and 16 of this Regulation to each product that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements set out in Parts 1 to 6, 16 and 17. (2) The manufacturer shall draw up a written EU declaration of conformity for each product type and keep it at the disposal of the national authorities for 10 years after the product has been placed on the market. The EU declaration of conformity shall clearly identify the product type for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.
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	4.	Authorised representative The manufacturer’s obligations set out in point 3 may be fulfilled by their authorised representative, on their behalf and under their responsibility, provided that this is specified in the mandate.

PART 9

Conformity assessment Module H —Conformity based on full quality assurance