G/TBT/N/EU/628  
 
10 December 2018  
(18-7789) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: EUROPEAN UNION   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: European Commission  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Commission  
EU-TBT Enquiry Point  
Fax: +(32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/  
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, o therwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Unmanned 
aircraft systems  
5. Title, number of pages and language(s) of the notified document: Draft 
Commission Delegated Regulation on unmanned aircraft intended  for use in the ‘open’ 
category, and on third -country operators of unmanned aircraft systems (29 pages + 
Annex 24 pages, in English)    
6. Description of content: With the adoption of the new EASA basic Regulation 2018/1139, 
the EU takes over the competence from the EU Member States for all unmanned aircraft, 
irrespective of their weight. Consequently, it is necessary to set out the requirements that 
address the ris ks posed by the operation of such unmanned aircraft, taking into account 
other applicable legislation.  
This draft Commission Delegated Regulation establishes the technical requirements to be 
complied with by the 4 classes of unmanned aircraft authorised t o be operated in the 
'open' category (i.e. without prior authorisation from the aviation authority).  
This draft Commission Delegated Regulation is closely related to a draft Commission 
implementing regulation  and its annex  defining the conditions for the operation of those 
unmanned aircrafts.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: The main objective of this initiative is to establish detailed requirements for 
the marketing of unmanned aircraft intended t o be operated in the 'open' category (i.e. 
without the need for a prior authorisation delivered by an Aviation Authority) in order to 
ensure their safe operation.    G/TBT/N/EU/628  
 
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  8. Relevant documents:   
• Directive 2006/42/EC of the European Parliament and of the Council  of 
17 May 2006 on machinery, and amending Directive 95/16/EC https://eur -
lex.europa.eu/legal -content/EN/TXT/?uri=CELEX:02006L0042 -20160420  
• Directive 2014/53/EU of the European Parliament and of the Council of 
16 April 2014 on the harmonisation of the laws of the Member States relating to 
the making available on the market of radio equipment and repealing 
Directive  1999/5/EC   https://eur -lex.europa.eu/legal -
content/EN/TXT/?uri=CELEX:32014L0053  
• Directive 2009/48/EC of the European Parliament and of the Council of 
18 June 2009 on the safety of toys https://eur -lex.europa.eu/legal -
content/EN/TXT/?uri=CELEX:02009L0048 -20171124  
9. Proposed date of adoption: January 2019  
Proposed date of entry into force: Publication in the Official Journal of the EU after 2 
months scrutiny period, entry into force 20 days from publication.  
The draft regulation only applies to unmanned aircraft that are placed on the market with 
the intention of being operated in the 'open' category (it is a decision of the man ufacturer 
to commercialise unmanned aircraft compliant with this regulation). Compliance is, in 
consequence, only required when the 'open' category will enter into force, which is 
foreseen mid -2020.  
10. Final date for comments: 30 days from notification  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
European Commission  
EU-TBT Enquiry Point  
Fax: + (32) 2 299 80 43  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website:  
http://ec.europa.eu/growth/tools -databases/tbt/  
https://members.wto.org/crnattachments/2018/TBT/EEC/18_6339_00_e.pdf  
https://members.wto.org/crnattachments/2018/TBT/EEC/18_6339_01_e.pdf