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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

Type Delegated Regulation

Publication 2020-07-20

State In force

Text As published

Department European Commission, MOVE

Source EUR-Lex

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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	1.	Conformity based on full quality assurance is the conformity assessment procedure whereby manufacturers fulfil the obligations set out in paragraphs 2 and 5, and ensure and declare on their sole responsibility that the product concerned satisfies the applicable requirements set out in Parts 1 to 6, 16 and 17.

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	2.	Manufacturing The manufacturer shall operate an approved quality system for design, manufacture, final inspection and testing of the product concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

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	3.	Quality system (1) The manufacturer shall lodge an application for the assessment of his quality system with the notified body of their choice, for the product concerned. The application shall include: (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, their name and address as well; (b) the technical documentation for each type of product intended to be manufactured, containing the elements set out in Part 10 where applicable; (c) the documentation concerning the quality system; (d) a written declaration stating that the same application has not been lodged with any other notified body. (2) The quality system shall ensure compliance of the product with the requirements of this Regulation. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records. The documentation shall, in particular, contain an adequate description of: (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product design and quality; (b) the technical design specifications, including standards, that will be applied and, where the relevant harmonised standards will not be applied in full, the means that will be used to ensure that the requirements of this Regulation are met; (c) the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the product type covered; (d) the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used; (e) the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out; (f) the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned, etc.; (g) the means of monitoring the achievement of the required design and product quality and the effective operation of the quality system. (3) The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3(2). It shall presume conformity with those requirements in respect of elements of the quality system that comply with the corresponding specifications of the relevant harmonised standard. In addition to experience in quality management systems, the auditing team shall have at least one member experienced as an assessor in the relevant product field and product technology concerned, and knowledge of the applicable requirements of this Regulation. The audit shall include an assessment visit on the manufacturer’s premises. The auditing team shall review the technical documentation referred to in point 3(1)(b) to verify the manufacturer’s ability to identify the applicable requirements of this Regulation and to carry out the necessary examinations with a view to ensuring the product’s compliance with these requirements. The manufacturer or his authorised representative shall be notified of the decision. The notification shall contain the conclusions of the audit and the reasoned assessment decision. (4) The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient. The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the quality system. (5) The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3(2) or whether a reassessment is necessary. The notified body shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

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	4.	Surveillance under the responsibility of the notified body (1) The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. (2) The manufacturer shall, for assessment purposes, allow the notified body access to the design, manufacture, inspection, testing and storage sites, and shall provide it with all necessary information, in particular: (a) the quality system documentation; (b) the quality records as provided for by the design part of the quality system, such as results of analyses, calculations, tests, etc.; (c) the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel, etc. (3) The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report. (4) In addition, the notified body may pay unexpected visits to the manufacturer. During such visits, the notified body may, if necessary, carry out UA or UAS tests, or have them carried out, in order to check the proper functioning of the quality system. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

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	5.	CE marking and EU declaration of conformity (1) The manufacturer shall affix the CE marking and, when relevant, the UAS class identification label in accordance with Articles 15 and 16 of this Regulation and, under the responsibility of the notified body referred to in point 3(1) of this Part, the latter’s identification number to each individual product that satisfies the applicable requirements of this Regulation. (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 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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	6.	The manufacturer shall, for a period ending 10 years after the product has been placed on the market, keep at the disposal of the national authorities: (1) the technical documentation referred to in point 3(1); (2) the documentation concerning the quality system referred to in point 3(1); (3) the change referred to in point 3(5), as approved; (4) the decisions and reports of the notified body referred to in points 3(5), 4(3) and 4(4).

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	7.	Each notified body shall inform its notifying authority of the quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of the quality system approvals it has refused, suspended or otherwise restricted. Each notified body shall inform the other notified bodies of the quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.

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	8.	Authorised representative The manufacturer’s obligations set out in points 3(1), 3(5), 5 and 6 may be fulfilled by their authorised representative, on their behalf and under their responsibility, provided that this is specified in the mandate.

PART 10 Contents of the technical documentation

The manufacturer shall establish the technical documentation. The documentation shall make it possible to assess the product’s conformity to the applicable requirements.

The technical documentation shall, wherever applicable, contain at least the following elements,:

1. a complete description of the product including:

(a) photographs or illustrations showing its external features, markings and internal layout;

(b) the versions of any software or firmware involved in compliance with the requirements set by this Regulation;

1. conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits and other relevant similar elements;

1. descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;

1. a list of the harmonised standards applied in full or in part, the references of which have been published in the Official Journal of the European Union, and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential requirements set out in Article 4, including a list of other relevant technical specifications applied. In the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied;

1. copy of the EU declaration of conformity;

1. where the conformity assessment module in Part 8 has been applied, copy of the EU type examination certificate and its annexes as delivered by the notified body involved;

1. results of design calculations made, examinations carried out, and other relevant similar elements;

1. test reports;

1. copies of the documents that the manufacturer has submitted to the notified body if any involved;

1. 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 in full. The supporting evidence shall include, where necessary, the results of tests carried out by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility;

1. addresses of places of manufacture and storage.

PART 11 EU declaration of conformity


	1.	The product (type, batch and serial number).

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	2.	Name and address of the manufacturer or his authorised representative.

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	3.	This declaration of conformity is issued under the sole responsibility of the manufacturer. [in case of a kit of accessories, the manufacturer of the kit may indicate that this certificates relies on the certificate of the UAS which the kit ensures the conversion.]

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	4.	Object of the declaration [identification of the product allowing traceability; it may include a colour image of sufficient resolution where necessary for the identification of the products; in case of a kit of accessories, indicate the type of UAS to which the kit ensures the conversion].

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	5.	The object of the declaration described above is of class … [include for UAS the class number as defined by Parts 1 to 5, 16 and 17 of this Annex; for a kit of accessories, indicate the class into which the UAS is converted].

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	6.	The guaranteed sound power level for this UAS equipment is …. dB(A) [for non fixed-wing UAS classes 1 to 3 only]

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	7.	The object of the declaration described above is in conformity with the relevant Union harmonisation legislation: — [include the reference to this Regulation and the Annex relevant to the class of the product]; — or other Union harmonisation legislation where applicable.

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	8.	References to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared. References must be listed with their identification number and version and, where applicable, date of issue.

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	9.	Where applicable, the notified body … [name, number] … performed … [description of intervention] … and issued the EU-type examination certificate.

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	10.	Where applicable, a description of accessories and components, including software, which allow the unmanned aircraft or unmanned aircraft system to operate as intended and covered by the EU declaration of conformity.

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	11.	Additional information: Signed for and on behalf of: … [place and date of issue]: [name, function] [signature]:

PART 12 Simplified EU declaration of conformity

The simplified EU declaration of conformity referred to in Article 14(3) shall be provided as follows:

— [Name of manufacturer] hereby declares that the UAS [identification of the UAS: type or serial number] is of class … … [for UAS include the class number of the product as defined in Parts 1 to 5, 16 or 17 of this Annex; for a kit of accessories, indicate the class into which the UAS is converted] and has a guaranteed sound power level of …. dB(A) [for non fixed-wing UAS classes 1, 2, 3, 5 and 6 only]

— and in compliance with Regulations … [list all the Regulations that the product complies with].

— The full EU declaration of conformity is accessible at the following website: [website address]

PART 13 Noise test code

This Part lays down the methods of measurement of airborne noise that shall be used for the determination of the measured A-weighted sound power levels of UA classes 1, 2, 3, 5 and 6.

It lays down the basic noise emission standard and detailed test code for measuring the sound pressure level on a measurement surface enveloping the source and for calculating the sound power level produced by the source.

1. BASIC NOISE EMISSION STANDARD

For the determination of the A-weighted sound power level LWA of UA, the basic noise emission standards EN ISO 3744:2010 will be used subject to the following supplements:

2. INSTALLATION AND MOUNTING CONDITIONS

Test area:

The UA will be maintained above one reflecting (acoustically hard) plane. The UA shall be located at a sufficient distance from any reflecting wall or ceiling or any reflecting object so that the requirements given in Annex A of EN ISO 3744:2010 are satisfied on the measurement surface.

Sound measurement surface and microphone array:

The UA will be completely enclosed in a hemispherical measurement surface as par § 7.2.3 of EN ISO 3744:2010.

The number and position of the microphones is defined by Annex F of EN ISO 3744:2010.

The measurement surface shall have its origin at the point O lying in the ground plane directly below the UA.

3. OPERATING CONDITIONS DURING TEST

The noise tests shall be carried out with the UA’s rotors operating at a speed corresponding to the hovering of the UA under MTOM.

If the UA is placed on the market with accessories that can be fitted to it, it will be tested with and without these accessories in all possible UA configurations.

4. CALCULATION OF SURFACE TIME-AVERAGED SOUND PRESSURE LEVEL

The A-weighted surface time-averaged sound pressure level shall be determined at least three times for each UA configuration. If at least two of the determined values do not differ by more than 1 dB, further measurements will not be necessary; otherwise the measurements shall be continued until two values differing by no more than 1 dB are obtained. The surface time-averaged sound pressure level to be used for calculating the sound power level of a UA configuration is the arithmetic mean of the two highest values that do not differ by more than 1 dB.

5. INFORMATION TO BE REPORTED

The report shall contain the technical data necessary to identify the source under test as well as the noise test code and the acoustical data.

The A-weighted sound power level value to be reported is the highest value of the different UA configurations tested rounded to the nearest whole number (less than 0,5 use the lower number; greater than or equal to 0,5 use the higher number).

PART 14 Indication of the guaranteed sound power level

The indication of the guaranteed sound power level must consist of the single number of the guaranteed sound power in dB, the sign LWA and a pictogram taking the following form:

Image omitted; see official source

If the indication is reduced according to the size of the equipment the proportions given in the above drawing must be respected. However, the vertical dimension of the indication should, if possible, not be less than 20 mm.

PART 15 Maximum sound power level per class of UA (including transition periods)

UA class	MTOM m in gram	Maximum sound power level LWA in dB	Maximum sound power level LWA in dB	Maximum sound power level LWA in dB
UA class	MTOM m in gram	as from entry into force	as from 2 years after entry into force	as from 4 years after entry into force
C1 and C2	m < 900	85	83	81
C2	900 ≤ m< 4 000	85 + 18,5 lg Image omitted; see official source	83 + 18,5 lg Image omitted; see official source	81 + 18,5 lg Image omitted; see official source

Where ‘lg’ is the base 10 logarithm.

PART 16 Requirements for a class C5 unmanned aircraft system and C5 accessories

A class C5 UAS bears the following class identification label on the UA:

Image omitted; see official source

A class C5 UAS shall comply with the requirements defined in Part 4, except those defined in paragraphs (2) and (10) of Part 4.

In addition, it shall comply with the following requirements:

(1) be an aircraft other than a fixed-wing aircraft unless tethered;

(2) if it is equipped with a geo-awareness function, comply with paragraph (10) of Part 4;

(3) during flight, provide the remote pilot with clear and concise information on the height of the UA above the surface or take-off point;

(4) unless tethered, be equipped with a low-speed mode selectable by the remote pilot and limiting the ground speed to not more than 5 m/s;

(5) unless tethered, provide means for the remote pilot to terminate the flight of the UA, which shall:

(a) be reliable, predictable and independent from the automatic flight control and guidance system; this applies also to the activation of this means;

(b) force the descent of the UA and prevent its powered horizontal displacement; and

(6) unless tethered, provide the remote pilot with means to continuously monitor the quality of the command and control link and receive an alert when it is likely that the link is going to be lost or degraded to the extent of compromising the safe conduct of the operation, and another alert when the link is lost; and

(7) in addition to the information indicated in point (15)(a) of Part 4, include in the manufacturer’s instructions a description of the means to terminate the flight required in point (5).

(8) A class C5 UAS may consist in a class C3 UAS fitted with an accessories kit that ensures the conversion of the UAS C3 into a class C5 UAS. In this case, the class C5 label shall be affixed on all the accessories.

An accessories kit may only ensure conversion of a class C3 UAS that complies with point (1) and provides the necessary interfaces to the accessories.

The accessories kit shall not include changes to the software of the class C3 UAS.

The accessories kit shall be designed, and each accessory shall be identified, to ensure a complete and correct installation by a UAS operator on a class C3 UAS following the instructions provided by the manufacturer of the accessories kit.

The accessories kit may be placed on the market independently from the class C3 UAS for which they ensure the conversion. In this case, the manufacturer of the accessories kit shall place on the market a single conversion kit that shall:

(1) not alter the compliance of the class C3 UAS with the requirements of Part 4;

(2) ensure compliance of the UAS fitted with the accessories kit with all additional requirements defined in this Part with the exception of point (3) above; and

(3) be accompanied by manufacturer’s instructions providing:

(i) the list of all class C3 UAS to which the kit can be applied; and

(ii) instructions on how to install and operate the accessories kit.

PART 17 Requirements for a class C6 unmanned aircraft system

A class C6 UAS bears the following class identification label on the UA:

Image omitted; see official source

A class C6 UAS shall comply with the requirements defined in Part 4, except those defined in paragraphs (2), (7) and (10).

In addition, it shall comply with the following requirements:

(1) have a maximum ground speed in level flight of not more than 50 m/s;

(2) if it is equipped with a geo-awareness function, comply with paragraph (10) of Part 4;

(3) during flight, provide the remote pilot with clear and concise information on the geographical position of the UA, its speed and its height above the surface or take-off point;

(4) provide means to prevent the UA from breaching the horizontal and vertical limits of a programmable operational volume;

(5) provide means for the remote pilot to terminate the flight of the UA, which shall:

(a) be reliable, predictable, independent from the automatic flight control and guidance system and independent from the means to prevent the UA from breaching the horizontal and vertical limits as required in point (4); this applies also to the activation of this means; and

(b) force the descent of the UA and prevent its powered horizontal displacement;

(6) provide means to programme the UA trajectory;

(7) provide the remote pilot with means to continuously monitor the quality of the command and control link and receive an alert when it is likely that the link is going to be lost or degraded to the extent of compromising the safe conduct of the operation, and another alert when the link is lost; and

(8) in addition to the information indicated in point (15)(a) of Part 4, include in the manufacturer’s instructions:

(a) a description of the means to terminate the flight required in point (5);

(b) a description of the means to prevent the UA from breaching the horizontal and vertical limits of the operational volume and the size of the contingency volume needed to accommodate position assessment error, reaction time and correction manoeuvre span; and

(c) the distance most likely to be travelled by the UA after activation of the means to terminate the flight defined in point (5), to be considered by the UAS operator when defining the ground risk buffer.

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