Commission Delegated Regulation (EU) 2024/1108 of 13 March 2024 amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Delegated Regulation (EU) 2019/945 as regards unmanned aircraft systems and third-country operators of unmanned aircraft systems

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 (1) and in particular Article 58(1) and point (d) of Article 61(1) thereof,

Whereas:

(1) Article 56 of Regulation (EU) 2018/1139 on the compliance of unmanned aircraft, considering the nature of and risk entailed by unmanned aircraft operations, establishes that, depending on such risk and nature, a certificate may be required for the design, production and maintenance of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely.

(2) In accordance with Article 56 of Regulation (EU) 2018/1139, Article 40 of Commission Delegated Regulation (EU) 2019/945 (2) lays down the requirements for the certification of unmanned aircraft systems.

(3) Point (b) of Article 58(1) of Regulation (EU) 2018/1139 provides that the conditions and procedures for issuing the certificate required under Article 55 of that Regulation may be based on, or consist of, the essential requirements for the design as set out in Annex IX of Regulation (EU) 2018/1139 and environmental performance requirements set out in Annex III of the same Regulation.

(4) Commission Regulation (EU) No 748/2012 (3) laying down requirements for the design and production of civil aircraft, as well as of engines, propellers and parts to be installed therein, should be adapted to address the specificities of unmanned aircraft systems.

(5) Such specificities include the equipment to control unmanned aircraft remotely, as defined by Article 3 of Regulation (EU) 2018/1139. That equipment is defined as ‘control and monitoring unit’ by Commission Implementing Regulation (EU) 2024/1110 (4).

(6) The safe operations of unmanned aircraft that are subject to certification requires the control and monitoring unit to be subject to the same procedures under which certificates are issued for unmanned aircraft, determining that the same certification process applies to unmanned aircraft systems since they are composed of the unmanned aircraft and its control and monitoring unit.

(7) Lighter-than-air unmanned aircraft systems pose an intrinsic risk to third parties, albeit lower than other unmanned aircraft configurations, and therefore may be operated without the need to issue a certificate for the design.

(8) The verification of the design of unmanned aircraft systems specifically designed or modified for research, experimental or scientific purposes may be conducted without the need to issue a type certificate because they are typically operated in lower risk environment.

(9) The continuing airworthiness of unmanned aircraft systems for which a type certificate is required should comply with Commission Delegated Regulation (EU) 2024/1107 (5), while compliance is not required for those unmanned aircraft systems that are intended to be used in operations for which a type certificate is not mandated in accordance with point (d) of Article 40(1) of Regulation (EU) 2019/945, even if the manufacturer has elected to apply for it.

(10) In order to provide stakeholders with sufficient time to ensure compliance with the new framework for the initial airworthiness of certified unmanned aircraft systems (UAS), this Regulation shall apply from 1 May 2025,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 748/2012

Regulation (EU) No 748/2012 is amended as follows:

(1) the title is replaced by the following: ‘ Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, as well as for the capability requirements of design and production organisations (recast) ’;

(6) Annex I (Part 21) is amended in accordance with Annex I to this Regulation.

Article 2

Amendments to Delegated Regulation (EU) 2019/945

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

(3) the Annex is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and application

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

It shall apply from 1 May 2025.

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

Done at Brussels, 13 March 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (OJ L 152, 11.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg_del/2019/945/oj).

(3) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) (OJ L 224, 21.8.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/748/oj).

(4) Commission Implementing Regulation (EU) 2024/1110 of 10 April 2024 amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Implementing Regulation (EU) 2019/947 as regards the rules and procedures for the operation of unmanned aircraft (OJ L, 2024/1110, 17.5.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1110/oj).

(5) Commission Delegated Regulation (EU) 2024/1107 of 13 March 2024 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down detailed rules for the continuing airworthiness of certified unmanned aircraft systems and their components, and on the approval of organisations and personnel involved in these tasks (OJ L, 2024/1107, 17.5.2024, ELI: http://data.europa.eu/eli/ reg_del/2024/1107/oj).