CELEX: 
Language: en
Date: 2018-10-05
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... on the rules and procedures for the operation of unmanned aircraft

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               on the rules and procedures for the operation of unmanned aircraft
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) 1139/2018 of the European Parliament and of the Council 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 216/2008
                  1
                and (EC) No 552/2004 and, and in particular Article 57 thereof,
            
            
               Whereas:
            
            
               (1)Unmanned aircraft, irrespective of their mass, can operate within the same Single European Sky airspace, alongside manned aircraft, whether airplanes or helicopters.
            
            
               (2)As for manned aviation, a uniform implementation of and compliance with rules and procedures should apply to operators, including remote pilots, unmanned aircraft and unmanned aircraft system (‘UAS’) operations.
            
            
               (3)UAS operations should be as safe as those in manned aviation.
            
            
               (4)Technologies for unmanned aircraft allow a wide range of possible operations. Requirements related to the airworthiness, the organisations, the persons involved in the operation of UAS and unmanned aircraft operations should be set out in order to ensure safety for people on the ground and other airspace users during the operations of unmanned aircraft.
            
            
               (5)The rules and procedures applicable to UAS operations should be adapted to the nature and risk of the operation or activity, the operational characteristics of the unmanned aircraft concerned and the characteristics of the area of operations such as the population density, surface characteristics, and the presence of buildings.
            
            
               (6)The risk level criteria as well as other criteria should be used to establish three categories of operations: the ‘open’, ‘specific’ and ‘certified’ categories. 
            
            
               (7)Proportionate risks mitigation requirements should be applicable to UAS operations according to the level of risk involved, the operational characteristics of the unmanned aircraft concerned and the characteristics of the area of operation.
            
            
               (8)Some rules applicable to the initial and continuing airworthiness of manned aircraft already exist and can continue to be applied to unmanned aircraft.
            
            
               (9)Operations in the ‘open’ category, which should cover operations that present the lowest risks, should not require UAS that are subject to standard aeronautical compliance procedures, but should be conducted using the UAS classes that are defined in Regulation (EU) …/… [DA].
            
            
               (10)Operations in the ‘specific’ category should cover other types of operations presenting a higher risk and for which a thorough risk assessment should be conducted to indicate which requirements are necessary to keep the operation safe. 
            
            
               (11)A system of declaration by an operator should facilitate the enforcement of this Regulation in case of low risk operations conducted in the ‘specific’ category for which a standard scenario has been defined with detailed mitigation measures.
            
         
         
            
               (12)Operations in the ‘certified’ category should, as a principle, be subject to rules on certification of the operator, the licensing of remote pilots and the certification of the aircraft.
            
            
               (13)Whilst mandatory for the ‘certified category’, for the ‘specific’ category a certificate delivered by the competent authorities may also be required, including for the design, production maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, as well as for the personnel, including remote pilots and organisations involved in those activities.
            
            
               (14)In case of UAS operations involving large or complex UAS operating continuously over open assemblies of people, in BVLOS conditions, within high-density airspace, or for transport of people or the carriage of dangerous goods, the type certification of the unmanned aircraft as well as the approval of the operator organisation should be required according to the risk assessment. In such cases, these operations should be classified as a ‘certified”.
            
            
               (15)Rules and procedures should be established for the marking and identification of unmanned aircraft and for the registration of operators of unmanned aircraft or certified unmanned aircraft.
            
            
               (16)The information about registration of certified unmanned aircraft and of operators of unmanned aircraft that are subject to a registration requirement should be stored in digital, harmonised, interoperable national registration systems, allowing competent authorities to access and exchange that information. The mechanisms to ensure the interoperability of the national registers in this Regulation should be without prejudice to the rules applicable to the future repository referred to in Article 74 of Regulation (EU) 2018/1139.
            
            
               (17)For reasons falling outside the scope of this Regulation, including public security or protection of privacy and personal data, Member States should be allowed to lay down national rules in accordance with Union law.
            
            
               (18)National registration systems should comply with the applicable Union and national law on privacy and processing of personal data and the information stored in those registrations systems
                  2
               .
            
            
               (19)UAS operators and remote pilots should ensure that they are adequately informed about applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security and environmental protection.
            
            
               (20)Unmanned aircraft noise and emissions should be minimized as far as possible taking into account the operating conditions and various specific characteristics of individual Member States, such as the population density, where noise and emissions are of concern. In order to facilitate the societal acceptance of UAS operations, Regulation[….] [DA] includes maximum level of noise for unmanned aircraft operated close to people in the open category. In the specific category there is a requirement for the operator to develop guidelines for its remote pilots so that all operations are flown in a manner that minimises nuisances to people and animals.
            
            
               (21)Current national certificates should be adapted to certificates complying with the requirements of this Regulation.
            
            
               (22)In order to ensure the proper implementation of this Regulation, appropriate transitional measures should be established. In particular, Member States and stakeholders should have sufficient time to adapt their procedures to the new regulatory framework before this Regulation applies.
            
            
               (23)The new regulatory framework for UAS operations should be without prejudice to the applicable environmental and nature protection obligations otherwise stemming from national or Union law.
            
            
               (24)While the “U-Space” system including the infrastructure, services and procedures to guarantee safe UAS operations and supporting their integration into the aviation system is in development, this Regulation should already include requirements for the implementation of three foundations of the U-Space system, namely registration, geo-awareness and remote identification which will need to be further completed.
            
            
               (25)Since model aircraft are considered as UAS and given the good safety level demonstrated by model aircraft operations in clubs and associations, it is not necessary to adopt particular provisions for recreational flight activities conducted within the framework of model aircraft clubs and associations.
            
            
               (26)The measures provided for in this Regulation are in accordance with the opinion of the committee established in accordance with Article 127 of Regulation (EU) 1139/2018, 
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
               Subject matter 
            
            
               This Regulation lays down detailed provisions for the operation of unmanned aircraft systems as well as for personnel, including remote pilots and organisations involved in those operations.
            
            
               Article 2
                  Definitions
            
            
               For the purposes of this Regulation, the definitions in Regulation (EU) 1139/2018 apply.
            
         
         
            
               The following definitions also apply: 
            
            
               (a)‘unmanned aircraft system’ (‘UAS’) means an unmanned aircraft and the equipment to control it remotely;
            
            
               (b)‘unmanned aircraft system operator’ (‘UAS operator’) means any legal or natural person operating or intending to operate one or more UAS;
            
            
               (c)‘assemblies of people’ means gatherings where persons are prevented to move away from the trajectory of UA due to the density of the people present;
            
            
               (d)‘geographical zone’ means an restricted area of airspace established by the competent authority in order to address risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from UAS operations;
            
            
               (e)‘robustness’ means the property of mitigation measures resulting from combining the safety gain provided by the mitigation measures and the level of proof that the safety gain has been achieved;
            
            
               (f)‘standard scenario’ means a type of UAS operations in the ‘specific’ category, as defined in Appendix 1 of the Annex, for which a precise list of mitigating measures has been identified in such a way that the competent authority can be satisfied with declarations in which operators declare that they will apply the mitigating measures when executing this type of operation;
            
            
               (g)‘visual line of sight operation’ (‘VLOS’) means a type of UAS operation in which, without any support, the remote pilot is able to maintain continuous unobstructed visual contact with the unmanned aircraft, allowing the pilot to control the flight path of the unmanned aircraft in relation to other aircraft, people and obstacles;
            
            
               (h)‘beyond visual line of sight operation’ (‘BVLOS’) means a type of UAS operation where the operation is conducted without the continuous unobstructed visual contact of the remote pilot with the unmanned aircraft, allowing the operation to be further automated;
            
            
               (i)‘light UAS operator certificate’ ('LUC') means a certificate issued to a UAS operator by a competent authority as set out in part C of the Annex;
            
            
               (j)‘model aircraft club or association’ means an organisation legally established in a Member State for the purpose of conducting leisure flights, air displays, sporting activities or competition activities using UAS;
            
            
               (k)‘dangerous goods’ means articles or substances, including in particular flammable liquids, flammable solids, self-reactive substances and desensitized explosives, substances liable to spontaneous combustion emit flammable gases, oxidizing substances; organic peroxides, toxic and infectious substances, radioactive material, corrosive substances as well as miscellaneous dangerous substances and articles, including environmentally hazardous substances, that the unmanned aircraft is carrying and which may pose a risk to health, safety, property or the environment in case of incident or accident;
            
            
               (l)‘remote identification’ means a system that allows for the verification of the identity of the unmanned aircraft operator as well as verification of other relevant information without physical access to the unmanned aircraft ;
            
            
               (m)‘follow-me mode’ means a mode of operation of a UAS where the unmanned aircraft constantly follows a person or device within a predetermined radius;
            
            
               (n)‘geo awareness system’ means a system that detects a potential breach of airspace limitations and alerts the pilots or, in case of automated or autonomous UAS operations, UAS operators so that they can take immediate and effective action to prevent or stop that breach;
            
            
               (o)‘privately built UAS’ means a UAS assembled or manufactured for the producer’s own use, not including UAS assembled from sets of parts placed on the market as a single ready-to-assemble kit;
            
            
               (p)‘autonomous operation’ means an operation during which an unmanned aircraft operates without the remote pilot being able to intervene;
            
            
               (q)‘uninvolved persons’ means persons who are not participating in the UAS operation and who are not aware of the instructions and safety precautions given by the UAS operator;
            
            
               (r)‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in exchange of payment or free of charge;
            
            
               (s)‘placing on the market’ means the first making available of a product on the Union market.
            
         
         
            
               Article 3
                  Categories of UAS operations
            
            
               1.UAS operations shall be performed in the open, specific or certified category, subject to the following conditions:
            
            
               (a)UAS operations in the open category shall not be subject to any prior authorisation, nor to an operational declaration by the UAS operator before the operation takes place;
            
            
               (b)UAS operations in the specific category shall require an operational authorisation issued by the competent authority, or a declaration issued by a UAS operator;
            
            
               (c)UAS operations in the certified category shall require the certification of the UAS and of the operator, and the licensing of the remote pilot where applicable.
            
            
               Article 4
                  ’Open’ category of UAS operations
            
            
               1.Operations shall be classified as UAS operations in the open category only where the following requirements are met:
            
            
               (a)the UAS shall belong to one of the classes set out in Regulation (EU) …/… [DA] or be privately built;
            
            
               (b)the unmanned aircraft shall have a maximum take-off mass of no more than 25 kg; 
            
            
               (c)the remote pilot shall keep a safe distance from people and not fly over open air assemblies of people;
            
            
               (d)the remote pilot shall keep the unmanned aircraft in VLOS at all times except when flying in follow-me mode as specified in Part A of the Annex;
            
            
               (e)the maximum flight distance from the surface shall be no more than 120 meters, except when overflying an obstacle, as specified in Part A of the Annex;
            
            
               2.UAS operations in the open category shall be divided in three sub-categories in accordance with the requirements set out in Part A of the Annex.
            
            
               Article 5
                  ‘Specific’ category of UAS operations
            
            
               1.Where one of the requirements laid down in Article 4 or in Part A of the Annex is not met, a UAS operator shall be required to obtain an authorisation to operate from the competent authority in the Member State where it is registered.
            
            
               This authorisation shall not be required for standard scenarios for which a declaration by the UAS operator is deemed sufficient in accordance with point UAS.SPEC.020 or where the UAS operator holds a LUC with appropriate privileges in accordance with point UAS.LUC.060.
            
            
               2.With the view to obtaining an authorisation, the operator shall perform a risk assessment in accordance with Article 11 and propose adequate mitigating measures. This risk assessment including the adequate mitigating measures shall be communicated to the competent authority together with the application for the authorisation.
            
            
               3.In accordance with point UAS.SPEC.040 laid down in Part B of the Annex, the competent authority shall issue an authorisation to operate, if it considers that the operational risks are adequately mitigated in accordance with Article 12.
            
            
               4.The competent authority shall specify whether the authorisation concerns:
            
            
               (a)the approval of a single operation or a number of operations specified in time or place and of its associated precise list of mitigating measures;
            
         
         
            
               (b)the approval of a LUC , in accordance with part C of the Annex.
            
            
               5.Where the UAS operator submits a declaration in accordance with point UAS.SPEC.020 laid down in Part B of the Annex for an operation complying with a standard scenario as defined in Appendix 1 to that Annex, the UAS operator shall not be required to obtain an authorisation to operate in accordance with paragraphs 1 to 4 of this Article and the procedure laid down in Article 12 shall apply. 
            
            
               Article 6
                  'Certified' category of UAS operations 
            
            
               1.The following operations shall be classified as UAS operations in the certified category:
            
            
               (a)UAS operations involving an unmanned aircraft with any dimension above 3 m or kinetic energy above 34 KJ, intended to be operated over open assemblies of people;
            
            
               (b)UAS operations for the transport of people;
            
            
               (c)UAS operations for the carriage of dangerous goods, which may result in high risk for third parties in case of accident.
            
            
               2.In addition, UAS operations shall be classified as UAS operations in the certified category where the competent authority, based on the risk assessment provided for in Article 11, considers that the risk of the operation cannot be adequately mitigated without the certification of the UAS and of the UAS operator and without the licensing of the remote pilot, when applicable.
            
            
               Article 7
                  Rules and procedures for the operation of UAS
            
            
               1.UAS operations in the open category shall comply with the operational limitations set out in Part A of the Annex.
            
            
               2.UAS operations in the specific category shall comply with the operational limitations set in the authorisation by the competent authority as referred to in Article 12 or in the declaration of the UAS operator based on a standard scenario defined in Appendix 1 to the Annex. 
            
            
               This paragraph shall not apply where the UAS operator holds a LUC with appropriate privileges.
            
            
               3.UAS operations in the certified category shall be subject to the requirements laid down in:
            
            
               (a)Commission Regulation (EU) No 965/2012
                  3
               ;
            
            
               (b)Commission Regulation (EU) No 1332/2011
                  4
               .
            
            
               Article 8
                  Rules and procedures for the competency of remote pilots
            
            
               1.Remote pilots operating UAS in the open category shall comply with the competency requirements set in Part A of the Annex.
            
            
               2.Remote pilots operating UAS in the specific category shall comply with the competency requirements set out in the operational authorisation by the competent authority or in the standard scenario defined in Appendix 1 to the Annex or as defined by the LUC.
            
            
               Article 9
               Minimum age for remote pilots
            
            
               1.The minimum age for remote pilots in the open category shall be:
            
         
         
            
               (a)16 years when operating in subcategory A1  as specified in Part A of the Annex to this Regulation, with a UAS of class C1 as defined in Part 2 of the Annex to Regulation (EU) .../... [DA];
            
            
               (b)18 years when operating in subcategory A2 or A3 as specified in Part A of the Annex.
            
            
               2.No minimum age for remote pilots shall be required: 
            
            
               (a)when they operate  in subcategory A1 as specified in Part A of the Annex to this Regulation, with a UAS Class C0 defined in Part 2 of the Annex to Regulation (EU) .../... [DA] that is a  toy within the meaning of Directive 2009/48/EC; 
            
            
               (b)
                     for homebuilt UAS with a maximum take-off mass of less than 250g.
            
            
               3.The minimum age for remote pilots operating a UAS in the specific category shall be fixed at 16 years. 
            
            
               4.Member States may lower the minimum age following a risk-based approach taking into account the factors set out in Article 11(1)(c):
            
            
               (a)for remote pilots operating in the open category by up to 4 years;
            
            
               (b)for  remote pilots operating in the specific category by up to 2 years.
            
            
               5.Where a Member State lowers the minimum age for remote pilots, those remote pilots shall only be allowed to operate a UAS on the territory of that Member State.
            
            
               6.Member States may recognise the validity of authorisations issued by competent authorities of other Member States to remote pilots below the minimum ages set out in paragraph 1.
            
            
               Article 10
                  Rules and procedures for the airworthiness of UAS
            
            
               1.UAS used in operations in the open category shall comply with the technical requirements set out in Regulation (EU) …/… [DA].
            
            
               2.UAS used in operations in the specific category shall feature the technical capabilities set in the operational authorisation by the competent authority or in the standard scenario defined in Appendix 1 to the Annex or as defined by a  LUC.
            
            
               3.UAS used in operations in the certified category shall comply with the requirements set out in:
            
            
               (a)Commission Regulation (EU) No 748/2012
                  5
               ;
            
            
               (b)Commission Regulation (EU) No 640/2015
                  6
               ;
            
            
               (c)Commission Regulation (EU) No 1321/2014
                  7
               .
            
            
               Article 11
               Rules for conducting an operational risk assessment
            
            
               1.An operational risk assessment shall:
            
         
         
            
               (a)describe the characteristics of the UAS operation;
            
            
               (b)set operational safety objectives;
            
            
               (c)identify the risks of the operation on the ground and in the air considering:
            
            
               I.the extent to which third parties or property on the ground could be endangered by the activity;
            
            
               II.the complexity, performance and operational characteristics of the unmanned aircraft involved;
            
            
               III.the purpose of the flight, the type of UAS and class of airspace used;
            
            
               IV.the type, scale, and complexity of the UAS operation or activity, including, where relevant, the size and type of the traffic handled by the responsible organisation or person;
            
            
               V.the extent to which the persons affected by the risks involved in the UAS operation are able to assess and exercise control over those risks.
            
            
               (d)identify a range of possible risk mitigating measures; 
            
            
               (e)determine the necessary level of robustness of the selected mitigating measures in such a way that the operation can be conducted safely.
            
            
               2.The description of the UAS operation shall include at least the following:
            
            
               (a)the nature of the activities performed;
            
            
               (b)the operational environment and geographical area for the intended operation, in particular overflown population, orography, types of airspace, airspace volume where the operation will take place and which the airspace volume is kept as necessary risk buffers, including the operational requirements for specific geographic zones;
            
            
               (c)the complexity of the operation, in particular which planning and execution, crew competencies, experience and composition, required technical means are planned to conduct the operation;
            
            
               (d)the technical features of the UAS, including its performance in view of the conditions of the planned operation, its serial number and, where applicable, its registration number;
            
            
               (e)the competence of the personnel for conducting the operation including their composition, role, responsibilities, training and recent experience.
            
            
               3.The assessment shall identify the required target level of safety  which shall in principle be equivalent to the target level of safety of manned aviation, in view of the specific characteristics of the operation, expressed as the number of mid-air collisions per flight hour for the air risk and as the number of fatal injuries on the ground per flight hour for the ground risk.
            
            
               4.The identification of the risks shall include the determination of ::
            
            
               (a)the unmitigated ground risk of the operation taking into account the type of operation and the conditions under which the operation takes place, including at least the following criteria:
            
            
               I.VLOS or BVLOS;
            
         
         
            
               II.population density of the overflown areas;
            
            
               III.flying over an assembly of people;
            
            
               IV.the dimension characteristics of the unmanned aircraft; 
            
            
               (b)the unmitigated air risk of the operation taking into account:
            
            
               I.the exact airspace volume where the operation will take place, extended by a volume of airspace necessary for contingency procedures;
            
            
               II.the class of the airspace;
            
            
               III.the impact on other air traffic and air traffic management (ATM) and in particular:
            
            
               –the altitude of the operation;
            
            
               –controlled versus uncontrolled airspace;
            
            
               –aerodrome versus non-aerodrome environment;
            
            
               –airspace over urban versus rural environment; 
            
            
               –separation from other traffic.
            
            
               5.The identification of the possible mitigation measures that provide a sufficient level of confidence that the operation can be safely conducted shall consider all or some  of the following possibilities:
            
            
               (a)containment measures for people on the ground;
            
            
               (b)strategic operational limitations to the UAS operation, in particular:
            
            
               I.restricting the geographical volumes where the operation takes place;
            
            
               II.restricting the duration or schedule of the time slot in which  the operation takes place;
            
            
               III.restricting the behaviour of the unmanned aircraft to improve the predictability for other airspace users;
            
            
               (c)strategic compliance with flight rules and respect for airspace structure and services;
            
            
               (d)capability to cope with possible adverse operating conditions;
            
         
         
            
               (e)organisation factors such as operational and maintenance procedures elaborated by the UAS operator;
            
            
               (f)the level of competency and expertise of the remote crew;
            
            
               (g)the risk of human error in the design of the UAS and in the application of the operational procedures;
            
            
               (h)the design features and performance of the UAS in particular:
            
            
               I.the availability of a detect and avoid function;
            
            
               II.the availability of systems limiting the energy at impact or the frangibility of the unmanned aircraft;
            
            
               III.the design of the drone to recognised standards and the fail-safe design.
            
            
               6.The robustness of the proposed mitigating measures shall be assessed in order to determine whether their robustness is commensurate with the safety objectives and risks of the intended operation, particularly to make sure that every stage of the operation is safe.
            
            
               Article 12
               Authorizing operations in the ‘specific’ category
            
            
               1.The competent authority shall evaluate the risk assessment and the robustness of the mitigating measures that the UAS operator proposes to keep the UAS operation safe in all phases of flight.
            
            
               2.The competent authority shall grant an authorization when the evaluation concludes  that:
            
            
               (a)operational safety objectives take account of the risks of the operation;
            
            
               (b)the combination of mitigation measures concerning the operational conditions to perform the operations, the competence of the personnel involved and the technical features of the UA, are adequate and sufficiently robust to keep the operation safe in view of the identified ground and air risks;
            
            
               3.When the operation is not deemed sufficiently safe, the competent authority shall substantiate the refusal of its authorization.
            
            
               4.The authorisation granted by the competent authority shall detail
            
            
               (a)the scope of the authorization; 
            
            
               (b)the specific conditions that  shall apply:
            
            
               I.to the UAS operation and the operational limitations;
            
            
               II.to the required competence of the UAS operator and, where applicable, of the remote pilots; 
            
            
               III.to the technical features of the UAS;
            
         
         
            
               (c)the number, type of UAS operations or period of time for which the authorization is granted; 
            
            
               (d)the following information:
            
            
               I.the registration number of the UAS operator and the serial number(s) of the UA(s) (and if the UAS is registered, the UAS registration number);
            
            
               II.a reference to the operational risk assessment developed by the UAS operator;
            
            
               III.the operational limitations and conditions of the operation; 
            
            
               IV.the mitigation measures that the UAS operator has to apply; 
            
            
               V.the location(s) where the operation is authorised to take place; 
            
            
               VI.all documents and records relevant for the type of operation  and the type of events that should be reported in addition to those defined in Regulation (EU) 376/2014.
            
            
               5.Upon receipt of the declaration referred to in Article5(5), the competent authority shall: 
            
            
               (a)verify that it contains all elements set out in paragraph 2 of point SPEC.020.
            
            
               (b)if this is the case, provide the UAS operator with a confirmation of receipt and completeness without undue delay so that the operator is entitled to start the operation.
            
            
               Article 13
               Authorizations for cross-border operations or operations outside the state of registration
            
            
               1.Where UAS operators intend to conduct an operation that takes place partially or totally in the airspace of a Member State other than the Member State of registration, they shall comply with the local conditions established by the Member State of operation in accordance with Article 18 and revise the mitigating measures to take due account of the local conditions, where required.
            
            
               2.When receiving an application for an operational authorisation for such operation, the competent authority of the Member State where the UAS operator is registered, shall consult and agree with the competent authority of the Member State of operation on the acceptability of the compliance with the operational conditions of the geographical zones and of the mitigation measures referred to in paragraph 1.
            
            
               3.The two competent authorities shall agree in a reasonable period of time, depending on the complexity of the operation.
            
            
               Article 14
                  Registration of UAS operators and certified UAS
            
            
               1.Member States shall ensure that registration systems are established for UAS whose design is subject to certification and for UAS operators whose operation may present a risk to safety, security, privacy, and protection of personal data or the environment. 
            
            
               2.The registration systems for UAS operators shall provide the fields for introducing and exchanging the following information:
            
            
               (a)the full name and the date of birth for natural persons and the name and their identification number for legal persons; 
            
            
               (b)the address of UAS operators; 
            
         
         
            
               (c)their email address and telephone number;
            
            
               (d)an insurance policy number for UAS if required by Union or national law;
            
            
               (e)the confirmation by legal persons of the following statement: ‘All personnel directly involved in the operations are competent to perform their tasks, and the UAS will be operated only by remote pilots with the appropriate level of competency’;
            
            
               (f)authorisations and LUC held and declarations followed by a confirmation in accordance with Article 12(5)(b). 
            
            
               3.The registration systems for UAS whose design is subject to certification shall provide the fields for introducing and exchanging the following information:
            
            
               (a)Manufacturer's name;
            
            
               (b)Manufacturer's designation of UAS;
            
            
               (c)UAS serial number;
            
            
               (d)Full name, address, email address and telephone number of the natural or legal person under whose name and aircraft is registered.
            
            
               4.Member States shall ensure that the registration systems are digital and interoperable and allow for mutual access and exchange of information through the repository referred to in Article 74 of Regulation (EU) 1139/2018. 
            
            
               5.UAS operators shall register themselves in accordance with Part A or Part B of the Annex when operating a unmanned aircraft:
            
            
               (a)with a maximum take-off mass  of more than 250 g or 
            
            
               (b)equipped with a sensors able to capture personal data and having a range higher than 120m.
            
            
               6.UAS operators shall register in the Member State where they have their residence for natural persons or where they have their principal place of business legal persons. A UAS operator cannot be registered in more than one Member State at a time.
            
            
               Member States shall issue a unique digital registration number for UAS operators and for the UAS that require registration, allowing their individual identification.
            
            
               The registration number for UAS operators shall be established on the basis of accepted industry standards that support the interoperability of the registration systems;
            
            
                  The registration number for UAS whose design is subject to certification shall be established in line with ICAO Annex 7.
            
            
               7.The UAS operators shall display their registration number on every unmanned aircraft meeting the conditions described in paragraph 5.
            
            
               Article 15
                  Operational conditions for geographical zones
            
            
               1.When defining geographical zones for safety, security, privacy or environmental reasons, Member States may:
            
         
         
            
               (a)prohibit, or request prior authorisation for,  certain or all UAS operations;
            
            
               (b)subject UAS operations to specified environmental standards;
            
            
               (c)allow access to certain UAS classes only;
            
            
               (d)allow access only to UAS equipped with certain technical features, in particular remote identification systems or geo awareness systems.
            
            
               2.On the basis of a risk assessment carried out by the competent authority, Member States may designate certain geographical zones in which UAS operations are exempt from one or more of the open category requirements.
            
            
               3.Member States shall ensure that the information on the  geographical zones is made publicly available in a digital format. The data on the geographical zones shall be provided in 3D geographic coordinates including time, longitude, latitude and altitude, in that order, with negative values for west, south, and below mean sea level. The longitude and latitude components (decimal degrees) shall be defined in accordance with the World Geodetic System of 1984 (WGS84). The vertical component shall be indicated in metres from the WGS84 EGM96 Geoid vertical datum.
            
            
               Article 16
               UAS operations in the framework of model aircraft clubs and associations
            
            
               1.The competent authority may issue a model aircraft club or association with an operational authorisation in accordance with relevant national rules.
            
            
               2.The operational authorisation shall specify the conditions under which the model aircraft club or association may continue their activities, and shall be limited to the territory of the Member State in which it is issued.
            
            
               Article 17
                  Designation of the competent authority
            
            
               1.Each Member State shall designate the competent authority responsible for the tasks referred to in Article 18.
            
            
               2.Where a Member State designates several competent authorities it shall clearly define their respective areas of competence. They shall cooperate in order to fulfil their tasks in accordance with this Regulation.
            
            
               Article 18
                  Tasks of the competent authority
            
            
               1.The competent authority shall be responsible, in particular, for:
            
            
               (a)enforcing this Regulation;
            
            
               (b)issuing, suspending or revoking certificates of UAS operators and licenses of remote pilots;
            
            
               (c)making available information on the local conditions applicable to the territory of the Member State;
            
            
               (d)issuing, amending, suspending, limiting or revoking certificates of competency of remote pilots;
            
            
               (e)issuing, amending, suspending, limiting or revoking authorisations,  issuing, suspending  or revoking LUCs and verifying completeness of declarations, which are required to carry out UAS operations in the ‘specific’ category of UAS operations;
            
            
               (f)keeping documents, records and reports concerning UAS operations, remote pilots and UAS operators;
            
         
         
            
               (g)making available information on geographical zones in a digital way;
            
            
               (h)developing a risk-based oversight system for UAS operators that hold a declaration, authorisation or an LUC;
            
            
               (i)establishing audit planning based on the risk profile, compliance level and the safety performance of the UAS operators;
            
            
               (j)carrying out inspections with regard to UAS operators, inspecting UAS, and ensuring that UAS operators and remote pilots comply with this Regulation;
            
            
               (k)implementing a system to detect and examine incidents of non-compliance by UAS operators operating under the specific category of UAS operations;
            
            
               (l)providing UAS operators with information and guidance that promotes the safety of UAS operations.
            
            
               Article 19
                  Safety information
            
            
               1.The competent authorities of the Member States and market surveillance and control authorities referred to in Article 36 of Regulation (EU) …/… [DA], shall cooperate on safety matters and establish procedures for the efficient exchange of safety information.
            
            
               2.Each UAS operator shall report to the competent authority on any safety-related occurrence and exchange information regarding its UAS in compliance with Regulation (EU) No 376/2014 of the European Parliament and of the Council
                  8
               .
            
            
               3.The European Aviation Safety Agency (‘the Agency’)  and the competent authorities shall collect, analyse and publish safety information concerning UAS operations in their territory in accordance with Article 119 of Regulation (EU) 2018/1139 and its implementing rules.
            
            
               4.Upon receiving any of the information referred to in paragraphs 1, 2 or 3, the Agency and the competent authority shall take the necessary measures to address any safety issues on the best available evidence and analysis, taking into account interdependencies between the different domains of aviation safety, and between aviation safety, cyber security and other technical domains of aviation regulation.
            
            
               5.Where the competent authority or the Agency takes measures in accordance with paragraph 4, it shall immediately notify all relevant interested parties and organisations that need to comply with those measures in accordance with Regulation (EU) 2018/1139 and its implementing rules. 
            
            
               Article 20
               Particular provisions concerning the use of certain UAS in the ‘open’ category
            
            
               1.UAS types within the meaning of Decision 768/2008/EC
                  9
                which do not comply with Regulation (EU) …/… [DA] and which are not privately-built may continue to be operated under the following conditions, when they have been placed on the market before […]  [three years after the date of entry into force of Regulation (EU) …/…:
            
            
               (a)in subcategory A1 as defined in Part A of the Annex, provided that the unmanned aircraft has a maximum take-off mass of less than 250 g, including its payload;
            
            
               (b)in subcategory A3 as defined in Part A of the Annex, provided that the unmanned aircraft has a maximum take-off mass between 250 g and 25 kg, including its payload.
            
            
               Article 21
               Adaptation of authorisations, declarations and certificates
            
            
               1.Authorisations granted to UAS operators, certificates of remote pilot competency and declarations made by UAS operators or equivalent documentation, issued on the basis of national law, shall remain valid until [OP: please insert a date two years after the date of entry into force of this Regulation].
            
            
               2.By [OP: please insert a date two years after the date of entry into force of this Regulation] Member States shall adapt their existing certificates of remote pilot competency and their UAS operator authorisations or declarations, or equivalent documentation, including those issued during until that date, in accordance with this Regulation.
            
            
               3.By [OP: please insert six months after the entry into force] at the latest, Member States that already defined geographic zones according to national regulation, shall convert the information related to those geographic zones in accordance with the format referred to in point 3 of Article 15 and keep the information up to date.
            
         
         
            
               Article 22
               Transitional provisions
            
            
               1.Without prejudice to Article 20, for a transitional period of three years from the date of entry into force of this Regulation, the use of UAS in the open category which do not comply with the requirements of Parts 1 to 5 of the Annex to  Regulation (EU) …/... [DA] is allowed subject to the following conditions:
            
            
               (a)unmanned aircraft with a maximum take-off mass of less than 900 g may be operated within the operational requirements set out in points UAS.OPEN.020(1)(a) and UAS.OPEN.020(1)(b) of Part .. of the Annex by a remote pilot having competence level defined by the Member State concerned;
            
            
               (b)unmanned aircraft  with a maximum take-off mass of less than 2 kg may be operated by keeping a minimum distance of 50 m from people and the remote pilots have a safety certificate at least equivalent to the one set out in point UAS. OPEN.030 (2) of Part A of the Annex; 
            
            
               (c)unmanned aircraft  with a maximum take-off mass of more than 2 kg and less than 25kg may be operated within the operational requirements set out in point UAS.OPEN.040(1) and (2) and the remote pilots shall have a certificate at least equivalent to the one set out in point UAS.OPEN.020(1)(c) of PartA of the Annex.
            
            
               Article 23
                  Entry into force and application
            
            
               1.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 [3 months after the entry into force of this Regulation]. 
            
            
               2.Article 5(5) shall apply as from the date on which Appendix 1 of the Annex is amended so as to contain the applicable standard scenarios. Member State may in accordance with Article 5(5) accept declarations by UAS operators based on national standard scenarios, if those scenarios meet the requirements of paragraph 1 point a) of point UAS.SPEC.020 until [OP: please insert 2 year after the date of entry into force of this Regulation] or until this Regulation is amended to include the standard scenario in Appendix 1 of the Annex, whichever is earlier.
            
            
               3.The registration requirements set out in Article 14 shall apply from [OP: please insert 1 year after the date of entry into force of this Regulation].
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
               
               
                     Jean-Claude JUNCKER
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX 
            
            
               UAS operations in the ‘open’ and ‘specific’ categories
            
            
               PART A
               UAS OPERATIONS IN THE ‘OPEN’ CATEGORY
            
            
               UAS.OPEN.010 General provisions
            
            
               (1)The category of UAS ‘open’ operations is divided into three subcategories A1, A2 and A3, on the basis of operational limitations, requirements for the remote pilot and technical requirements for UAS.
            
            
               (2)Where the UAS operation involves the flight of the UA starting from a natural elevation in the terrain or over terrain with natural elevations, the UA shall remain at a maximum distance of 120 meters from the surface of the earth.
            
            
               (3)When the operation involves flying a UA in close proximity to a fixed obstacle taller than 70 meters, the maximum height of the UAS operation may be increased up to 50 meters above the height of the obstacle for the portion of the flight in close proximity to it and at the request of the entity responsible for the obstacle.
            
            
               UAS.OPEN.020 UAS operations in subcategory A1
            
            
               (1)UAS operations in subcategory A1 shall:
            
            
               (a)be conducted in such a way that the UA may overfly uninvolved people but not an open-air assembly of people;
            
            
               (b)by way of derogation from Article 4(1)(b), be conducted, when the follow-me mode is active, up to a distance of 50 meters from the pilot;
            
            
               (c)be performed by a remote pilot:
            
            
               I.familiarised  with the user’s manual provided by the manufacturer of the UAS; and
            
            
               II.in the case of a UA class C1, as defined in Part 2 of the Annex to Regulation (EU) .../... [DA], who has completed an online training course and passed an online theoretical knowledge examination provided by a competent authority or by an entity recognised by the competent authority. The examination shall comprise at least 40 multiple-choice questions distributed appropriately across the following subjects:
            
            
               –air safety 
            
            
               –airspace structure concept
            
            
               –aviation regulation,
            
            
               –human performance limitations,
            
            
               –meteorology,
            
         
         
            
               –operational procedures,
            
            
               –UAS flight performance,
            
            
               –UAS general knowledge,
            
            
               –navigation,
            
            
               –privacy and data protection, 
            
            
               –insurance,
            
            
               –security.
            
            
               (2)be performed with a UA:
            
            
               (a)that has an MTOM, including payload, of less than 250 g, in the case of a privately built UAS; or
            
            
               (b)that is marked as class C0 as defined in Part 1 of the Annex to Regulation (EU) …/... [DA] and operated with active and updated remote identification as appropriate; or
            
            
               (c)that is marked as class C1 and that complies with the requirements of that class, as defined in Part 2 of the Annex to Regulation (EU) .../... [DA] and operated with active and updated remote identification and geo-awareness systems.
            
            
               UAS.OPEN.030 UAS operations in subcategory A2
            
            
               UAS operations in subcategory A2 shall:
            
            
               (1)be conducted in such a way that the UA is not flown over uninvolved persons and take place at a safe distance of at least 50 meters from them; the remote pilot may reduce the safety distance up to 5 meters from uninvolved persons when operating a UA with an active low speed mode function and after evaluation of the situation regarding:
            
            
               (a)weather conditions, 
            
            
               (b)performance of the UA, 
            
            
               (c)segregation of the overflown area.
            
            
               (2)be performed by a remote pilot who is familiar with the user’s manual provided by the manufacturer of the UAS and holds a certificate of remote pilot competency issued by the competent authority or by an entity recognised by the competent authority. This certificate shall be obtained after and in the following order:
            
            
               (a)
                     completing an online training course and passed the online theoretical knowledge examination as referred to in UAS.OPEN.020(1)(c)(ii);
            
            
               (b)
                     declaring the completion of independent self-practical training in the conditions operations set out in subcategory A3 in accordance with UAS.OPEN.040, points 1 and 2; and
            
         
         
            
               (c)passing an additional theoretical knowledge examination provided by the competent authority or by an entity recognised by the competent authority. The examination shall comprise at least 30 multiple-choice questions distributed appropriately across the following subjects:
            
            
               I.UAS flight planning and monitoring;
            
            
               II.mass and balance;
            
            
               III.technical and operational mitigations for ground risk;
            
            
               (3)be performed with a UA marked as class C2 and that complies with the requirements of that class, as defined in Part 3 of the Annex to Regulation (EU) .../... [DA], and operated with active and updated electronic remote and geo-awareness systems. 
            
            
               UAS.OPEN.040 UAS operations in subcategory A3
            
            
               UAS operations in subcategory A3 shall:
            
            
               (1)be conducted in an area where the remote pilot reasonably expects that no uninvolved person will be present within the range where the UA will be flown during the entire time of the UAS operation;
            
            
               (2)Be conducted at a safe distance of at least 150 metres from residential, commercial or recreational areas;
            
            
               (3)be performed by a remote pilot who has completed an online training course and passed an online theoretical knowledge examination as defined in UAS.OPEN.020(1)(c)(ii); and 
            
            
               (4)be performed with a UA:
            
            
               (a)that has an MTOM, including payload, of less than 25 kg, in the case of a privately built UAS, or;
            
            
               (b)that is marked as class C2 and that complies with the requirements of that class, as defined in Part 3 of the Annex to Regulation (EU) .../... [DA], and is operated with active and updated remote identification and geo-awareness systems or;
            
            
               (c)that is marked as class C3 and that complies with the requirements of that class, as defined in Part 4 of the Annex to Regulation (EU) .../... [DA], and is operated with active and updated remote identification and geo-awareness systems; or
            
            
               (d)that is marked as class C4 and that complies with the requirements of that class, as defined in Part 5 of the Annex to Regulation (EU) .../... [DA].
            
            
               UAS.OPEN.050 Responsibilities of the UAS operator
            
            
               The UAS operator shall:
            
            
               (1)develop operational procedures adapted to the type of operation and the risk involved 
            
            
               (2)ensure that all operations effectively use and support the efficient use of radio spectrum in order to avoid harmful interference;
            
            
               (3)designate a remote pilot for each UAS operation;
            
         
         
            
               (4)ensure that the remote pilots and all other personnel performing a task in support of the operations are familiar with the user’s manual provide by the manufacturer of the UAS and:
            
            
               (a)have appropriate competency in the subcategory of the intended UAS operations in accordance with UAS.OPEN.020, UAS.OPEN.030 or UAS.OPEN.040 to perform their tasks or, for personnel other than the remote pilot, have completed an on-the-job-training course developed by the operator 
            
            
               (b)are fully familiar with the UAS operator’s procedures;
            
            
               (c)are provided with the information relevant to the intended UAS operation concerning any geographical zones published by the Member State of operation in accordance with Article 15 or local conditions published according to Article 18;
            
            
               (5)in the case of an operation with a UA of one of the classes defined in Parts 1 to 5 of Regulation (EU) .../... [DA], that the UAS is:
            
            
               (a)accompanied by the corresponding EU declaration of conformity, including the reference to the appropriate class; and
            
            
               (b)the related class identification label is affixed to the UA.
            
            
               (6)in the case of a UAS operation in subcategory A2 or A3, that all involved persons present in the area of the operation have been informed of the risks and have explicitly agreed to participate.
            
            
               UAS.OPEN.070 Responsibilities of the remote pilot
            
            
               (1)Before starting a UAS operation, the remote pilot shall:
            
            
               (a)obtain updated information relevant to the intended UAS operation about any geographical zones published by the Member State of operation in accordance with Article 15 or local conditions published in accordance with Article 18;
            
            
               (b)observe the operating environment, check the presence of obstacles and, unless operating in subcategory A1, check the presence of any uninvolved people; 
            
            
               (c)ensure that the UAS is in a condition to safely complete the intended flight and 
            
            
               (d)in case the UAS is fitted with an additional payload, verify that its mass, if, does not exceed the MTOM defined by the manufacturer or the MTOM limit of its class.
            
            
               (2)During the flight, the remote pilot shall:
            
            
               (a)not perform duties under the influence of psychoactive substances or alcohol and is not be unfit to perform their tasks due to injury, fatigue, medication, sickness or other similar causes;
            
            
               (b)discontinue the flight when continuing the flight may pose a hazard to other aircraft, people, animals, environment or property;
            
            
               (c)comply with the operational limitations in geographical zones defined in accordance with Article 15 or local conditions published in accordance with Article 18;
            
            
               (d)have the ability to take control of the UA, except in the case of a lost link or when operating a free-flight UA;
            
            
               (e)operate the UAS in accordance with the user’s manual provided by the manufacturer, including any applicable limitations;
            
         
         
            
               (f)keep the UA in VLOS and maintain a thorough visual scan of the airspace surrounding the UA in order to observe any other aircraft and not create any hazard to them and shall keep a safe distance from them;
            
            
               (3)During the flight, remote pilots and UAS operators shall:
            
            
               (a)not use the UA to drop any material or to carry or drop dangerous goods including in particular flammable liquids, flammable solids, self-reactive substances and desensitized explosives substances liable to spontaneous combustion, emit flammable gases, oxidizing substances; organic peroxides, toxic and infectious substances, radioactive material, corrosive substances as well as miscellaneous dangerous substances and articles, including environmentally hazardous substances, except in connection with agricultural, horticultural or forestry activities in which the carriage or the dropping of those goods does not contravene any other applicable regulations;
            
            
               (b)not fly close to or inside areas where an emergency response effort is ongoing unless they have permission to do so from the responsible emergency response services; 
            
            
               (4)For the purposes of point (e) of paragraph 2, remote pilots may be assisted by a UA observer, situated in their line of sight, who, by unaided visual observation of the UA, assists the remote pilot in safely conducting the flight. Clear and effective communication shall be established between the remote pilot and the UA observer.
            
            
               UAS.OPEN.080 Duration and validity of the remote pilot online theoretical competency and certificates of remote pilot competency
            
            
               (1)The remote pilot online theoretical competency, required by UAS.OPEN.020(1)(c) and UAS.OPEN.040(3), and the certificate of remote pilot competency, required by UAS.OPEN.030(2), shall be valid for five years.
            
            
               (2)The renewal of the remote pilot online theoretical competency and of the certificate of remote pilot competency is subject to the demonstration of competencies in accordance with UAS.OPEN.030(2) or UAS.OPEN.020(1)(c)(ii), as appropriate.
            
            
               PART B
                  UAS OPERATIONS IN THE ‘SPECIFIC’ CATEGORY
            
            
               UAS.SPEC.010 General provisions
            
            
               (1)The UAS operator shall provide the competent authority with an operational risk assessment for the intended operation in accordance with Article 11, or submit a declaration when point UAS.SPEC.020 is applicable, unless:
            
            
               (a)the operator holds a light UAS operator certificate (LUC) with the appropriate privileges, in accordance with Subpart C of this Annex; or
            
            
               (b)the operator is a member of a model club and association to whom the competent authority has issued an operational authorisation in accordance to Article 16; 
            
            
               (2)The UAS operator shall regularly evaluate the adequacy of the mitigation measures taken and update them where necessary.
            
            
               UAS.SPEC.020 Operational declaration
            
            
               (1)In accordance with Article 5 of this Regulation, the UAS operator may submit an operational declaration to the competent authority of the Member State of operation as alternative to UAS.SPEC.30 and UAS.SPEC.40 in relation to operations: 
            
            
               (a)of UA with a:
            
            
               I.maximum characteristic dimension (e.g. wingspan or rotor diameter) up to 3 m and a maximum impact kinetic energy up to 34 kJ in VLOS over controlled area in a populated environment, or
            
            
               II.maximum characteristic dimension (e.g. wingspan or rotor diameter) up to 1 m and a maximum impact kinetic energy up to 700 J in VLOS over populated environment;
            
            
               III.maximum characteristic dimension (e.g. wingspan or rotor diameter) up to 1 m and a maximum impact kinetic energy up to 700 J in BVLOS over controlled area in populated environment;
            
         
         
            
               (b)performed:
            
            
               I.below 150 meters from the surface of earth;
            
            
               II.in uncontrolled airspace (class F or G), or
            
            
               III.in controlled airspace after coordination and individual flight authorisation in accordance with published procedures for the area of operation.
            
            
               (2)A declaration of UAS operators shall contain:
            
            
               (a)administrative information about the UAS operator;
            
            
               (b)a statement that the operation satisfies the operational requirement set out in paragraph 1 and a standard scenario as defined in Appendix 1 to the Annex;
            
            
               (c)a statement of compliance with the geographical zones published by the Member State of operation in accordance with Article 15 and local conditions published according with Article 18 by the Member State where the operation takes place, listing them explicitly; 
            
            
               (d)the commitment of the UAS operator to comply with the relevant mitigation measures required for the safety of the operation, including the associated instructions for the operation, for the design of the UA and the competency of involved personnel;
            
            
               (3)Upon receipt of the declaration, the competent authority shall verify that the declaration contains all the elements listed in paragraph 2 and shall provide the UAS operator with a confirmation of receipt and completeness without undue delay.
            
            
               (4)After receiving the confirmation of receipt and completeness the UAS operator is entitled to start the operation.
            
            
               (5)UAS operators shall notify, without any delay, the competent authority of any change to the information contained in the operational declaration that they submitted.
            
            
               (6)UAS operators holding a LUC with appropriate privileges, in accordance with Subpart C of this Annex, are not required to submit the declaration.
            
            
               UAS.SPEC.030 Application for an operational authorisation 
            
            
               (1)Before starting a UAS operation in the ‘specific’ category the UAS operator shall obtain an authorisation from the national competent authority of the Member State of registration, except 
            
            
               (a)when point UAS.SPEC.020 is applicable; or 
            
            
               (b)the UAS operator holds an LUC with the appropriate privileges, in accordance with Subpart C of this Annex.
            
            
               (2)The UAS operator shall submit an application for an updated operational authorisation if there are any significant changes to the operation or to the mitigation measures listed in the operational authorisation.
            
            
               (3)The application for an operational authorisation shall be based on the risk assessment referred to in Article 11 of this Regulation and shall include in addition the following information:
            
            
               (a)the registration number of the UAS operator;
            
         
         
            
               (b)the name of the accountable manager or the name of the UAS operator in the case of a natural person; 
            
            
               (c)the operational risk assessment; 
            
            
               (d)the list of mitigation measures proposed by the UAS operator, with sufficient information for the competent authority to assess the adequacy of the mitigation means to address the risks;
            
            
               (e)an operations manual when required by the risk and complexity of the operation;
            
            
               UAS.SPEC.040 Issuing of an operational authorisation
            
            
               (1)When receiving an application in accordance with UAS.SPEC.030, the competent authority shall issue without undue delay an authorisation in accordance with Article 12 when it concludes that the operation meets the following conditions:
            
            
               (a)the information in accordance with UAS.SPEC.030(3) are provided;
            
            
               (b)a procedure is in place for coordination with the relevant service provider for the airspace (ANSP or U-Space service provider) if the entire operation or part of it is to be conducted in controlled airspace.
            
            
               (2)The competent authority shall specify in the authorisation the exact scope of the authorization in accordance with Article 12. 
            
            
               UAS.SPEC.050 Responsibilities of the UAS operator
            
            
               (1)The UAS operator shall:
            
            
               (a)establish procedures and limitations adapted to the type of the intended operation and the risk involved, including:
            
            
               I.Operational procedures to ensure the safety of the operations;
            
            
               II.procedures to ensure that security requirements applicable to the area of operations are taken into consideration in the intended operation;
            
            
               III.measures to protect against unlawful interference and unauthorised access;
            
            
               IV.procedures to ensure that all operations are in respect of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In particular it shall carry out a data protection impact assessment, when required by the National Authority in application of Article 35 of the above mentioned Regulation;
            
            
               V.guidelines for its remote pilots to plan UAS operations in a manner that minimises nuisances to people and animals.
            
            
               (b)designate a remote pilot for each operation or, in the case of autonomous operations, ensure that during all phases of the operation, responsibilities and tasks are properly allocated in accordance with the procedures established according to paragraph (a);
            
            
               (c)ensure that all operations effectively use and support the efficient use of radio spectrum in order to avoid harmful interference;
            
            
               (d)ensure that before conducting operations, remote pilots and all other personnel directly involved in the operations:
            
         
         
            
               I.are competent to perform their tasks in line with the applicable training identified by the operational risk assessment or by the condition and limitation defined in Appendix 1 in case of point UAS.SPEC.020 applies, for personnel other than remote pilot, have completed the on-the-job-training developed by the operator;
            
            
               II.Follow remote pilot training which shall be competency based and includes the following competencies:
            
            
               –Application of operational procedures (normal, contingency and emergency procedures, flight planning, pre-flight and post-flight inspections…)
            
            
               –Communication;
            
            
               –UA flight path management, automation;
            
            
               –Leadership, teamwork and self-management;
            
            
               –Problem solving and decision-making;
            
            
               –Situational awareness;
            
            
               –Workload management;
            
            
               –Coordination and handover;
            
            
               III.follow remote pilot training for operations requiring an authorisation which includes a training program, a training course, a theoretical knowledge examination and a continuous evaluation of skill test. It shall be conducted in cooperation with an entity recognised by the competent authority;
            
            
               IV.follow remote pilot training for operations under declaration that shall be conducted in accordance with the mitigation measures defined by the standard scenario;
            
            
               V.have been informed about the UAS operator’s and operations manual, if required by the risk assessment and procedures established in accordance with point (a);
            
            
               VI.are aware of any information relevant to the intended UAS operation concerning any geographical zones published by the Member State of operation in accordance with Article 15 or local conditions published in accordance with Article 18;
            
            
               VII.carry out each operation within the limitations, conditions, and mitigation measures defined in the operational declaration specified in the operational authorisation;
            
            
               VIII.keep a record of the information on UAS operations as required by the operational declaration the standard scenario or by the operational authorisation;
            
            
               (e)Use UAS which, as a minimum, are designed in such a manner that a probable failure will not lead the UAS to fly outside the operation volume or to cause a fatality. In addition Man Machine interfaces shall be such to minimise the risk of pilot error and shall not cause unreasonable fatigue;
            
            
               (f)maintain the UAS in a suitable condition for safe operation by:
            
            
               I.as a minimum, defining maintenance instructions and employing an adequately trained and qualified maintenance staff; and 
            
            
               II.comply with UAS.SPEC.100, if required; and
            
         
         
            
               (2)In cases of autonomous operations, comply with the requirements defined in UAS.SPEC.070(2) and (3).
            
            
               UAS.SPEC.070 Responsibilities of the remote pilot
            
            
               (1)The remote pilot shall:
            
            
               (a)not perform duties under the influence of psychoactive substances or alcohol and is not unfit to perform their tasks due to injury, fatigue, medication, sickness or other similar causes;
            
            
               (b)have the appropriate remote pilot competency as defined in the risk assessment or in the operational declaration; and
            
            
               (2)Before starting a UAS operation, the remote pilot shall:
            
            
               (a)obtain updated information relevant to the intended operation about any geographical zones defined in accordance with Article 15 or local conditions published in accordance with Article 18;
            
            
               (b)ensure that the operating environment is compatible with the authorised or declared limitations and conditions;
            
            
               (c)ensure that the UAS is in a safe condition to complete the intended flight safely; and
            
            
               (d)ensure that the information about the operation has been made available to the relevant air traffic service (ATS) unit, other airspace users and relevant stakeholders, as required by the operational authorisation or by the conditions published by the Member State for the geographical zone of operation in accordance with Article 19.
            
            
               (3)During the flight, the remote pilot shall:
            
            
               (a)comply with the authorised or declared limitations and conditions;
            
            
               (b)discontinue a flight when continuing it may pose a hazard to other aircraft, people, animals, environment or property;
            
            
               (c)comply with the operational limitations in geographical zones defined in accordance with Article 15 or local conditions published in accordance with Article 18; 
            
            
               (d)not fly close to or inside areas where an emergency response effort is ongoing unless they have permission to do so from the responsible emergency response services.
            
            
               UAS.SPEC.075 Transferability of an operational authorisation
            
            
               An operational authorisation is not transferable.
            
            
               UAS.SPEC.080 Duration and validity of an operational authorisation
            
            
               (1)The competent authority shall specify the duration of the operational authorisation in the authorisation itself.
            
            
               (2)Notwithstanding paragraph 1, the authorisation remains valid if [rather “only for as long as”?]  the UAS operator remains compliant with the relevant requirements of this Regulation and with the conditions defined in the operational authorisation;
            
         
         
            
               (3)Upon revocation or surrender, the operational authorisation shall be returned to the competent authority without delay.
            
            
               UAS.SPEC.090 Access
            
            
               For the purpose of demonstrating compliance with this Regulation, a UAS operator shall grant to any person that is duly authorised by the competent authority access to any facility, UAS, document, records, data, procedures or to any other material relevant to its activity which is subject to authorisation or declaration, regardless of whether or not its activity is contracted or subcontracted to another organisation.
            
            
               UAS.SPEC.100 Use of certified equipment and certified UA
            
            
               (1)if the UAS operation is using a UA for which has been issued a certificate of airworthiness or a restricted certificate of airworthiness, or using certified equipment, the UAS operator shall record the operation or service time in accordance either with the instructions and procedures applicable to the certified equipment, or with the organisational approval or authorisation.
            
            
               (2)The UAS operator shall follow the instructions referred to in the UA certificate or equipment certificate, and also comply with any airworthiness or operational directives issued by EASA.
            
            
               PART C
                  LIGHT UAS OPERATOR CERTIFICATE (LUC)
            
            
               UAS.LUC.010 General requirements for an LUC
            
            
               (1)A legal person is eligible to apply for an LUC under this Part.
            
            
               (2)An application for an LUC or for an amendment to an existing LUC shall be submitted to the competent authority and shall include the following information:
            
            
               (a)a description of the UAS operator’s management system, including its organisational structure and safety management system; 
            
            
               (b)the name(s) of the responsible UAS operator’s personnel, including the person responsible for authorising operations with UASs; and 
            
            
               (c)a statement that all the documentation submitted to the competent authority has been verified by the applicant and found to comply with the applicable requirements. 
            
            
               (3)If the requirements of this Part are met, an LUC holder may be granted the privilege, in accordance with UAS.LUC.060.
            
            
               UAS.LUC.020 Responsibilities of the LUC holder
            
            
               The LUC holder shall:
            
            
               (1)comply with the requirements of UAS.SPEC.050, UAS.SPEC.060 and UAS.SPEC.070;
            
            
               (2)comply with the scope and privileges defined in the terms of approval;
            
            
               (3)establish and maintain a system for exercising operational control over any operation conducted under the terms of its LUC;
            
            
               (4)carry out an operational risk assessment of the intended operation in accordance with Article 11 unless conducting an operation for which an operational declaration is sufficient according to UAS.SPEC.020, 
            
         
         
            
               (5)keep records of the following items in a manner that ensures protection from damage, alteration and theft for a period at least 3 years for operations conducted using the privileges specified under UAS.LUC.060:
            
            
               (a)the operational risk assessment, when required according to paragraph 4, and its supporting documentation;
            
            
               (b)mitigation measures taken; and
            
            
               (c)the qualifications and experience of personnel involved in the UAS operation, compliance monitoring and safety management;
            
            
               (6)Personnel records referred to in  paragraph (5)(c) shall be kept as long as the person works for the organisation and shall be retained until 3 years after the person has left the organisation.
            
            
               UAS.LUC.030 Safety management system
            
            
               (1)A UAS operator who applies for an LUC shall establish, implement and maintain a safety management system corresponding to the size of the organisation, to the nature and complexity of its activities, taking into account the hazards and associated risks inherent in these activities.
            
            
               (2)The UAS operator shall 
            
            
               (a)nominate an accountable manager with authority for ensuring that within the organisation all activities are performed in accordance with the applicable standards and that the organisation is continuously in compliance with the requirements of the management system and the procedures identified in the LUC manual referred to in point UAS.LUC.040;
            
            
               (b)define clear lines of responsibility and accountability throughout the organization.
            
            
               (c)establish and maintain a safety policy and related corresponding safety objectives;
            
            
               (d)appoint key safety personnel to execute the safety policy;
            
            
               (e)establish and maintain a safety risk management process including the identification of safety hazards associated with the activities of the UAS operator, as well as their evaluation and the management of associated risks, including taking action to mitigate those risks and verify the effectiveness of the action;
            
            
               (f)promote safety in the organization through:
                     
            
            
               I.training and education; 
            
            
               II.(ii) communication
            
            
               (g)document all safety management system key processes for making personnel aware of their responsibilities and of the procedure for amending this documentation; key processes include:
            
            
               –Safety reporting and internal investigations;
            
            
               –Operational control;
            
            
               –Communication on safety;
            
         
         
            
               –Training and safety promotion;
            
            
               –Compliance monitoring;
            
            
               –Safety risk management;
            
            
               –Management of change;
            
            
               –Interface between organisations;
            
            
               –Use of sub-contractors and partners;
            
            
               (h)include an independent function to monitor the compliance and adequacy of  the relevant requirements of this Regulation, including a system to provide feedback of findings to the accountable manager to ensure effective implementation of corrective measures as necessary; and
            
            
               (i)include a function to ensure that safety risks inherent to a service or product delivered through subcontractors are assessed and mitigated under the operator’s safety management system.
            
            
               (1)If the organisation holds other organisation certificates within the scope of Regulation (EU) 1139/2018, the safety management system of the UAS operator may be integrated with the safety management system that is required by any of those additional certificate(s).
            
            
               UAS.LUC.040 LUC manual
            
            
               (1)An LUC holder shall provide the competent authority with an LUC manual describing directly or by cross reference its organisation, the relevant procedures and the activities carried out. 
            
            
               (2)The manual shall contain a statement signed by the accountable manager that confirms that the organisation will at all times work in accordance with this Regulation and with the approved LUC manual. When the accountable Manager is not the Chief Executive Officer of the organisation, the chief executive officer shall countersign the statement.
            
            
               (3)If any activity is carried out by partner organisations or subcontractors, the UAS operator shall include in the LUC manual procedures on how the LUC holder will manage the relationship with those partner organisations or subcontractors.
            
            
               (4)The LUC manual shall be amended as necessary to retain an up-to-date description of the LUC holder’s organisation, and copies of amendments shall be provided to the competent authority.
            
            
               (5)The UAS operator shall distribute the relevant parts of the LUC manual to all its personnel in accordance with their functions and duties.
            
            
               UAS.LUC.050 Terms of approval of the LUC holder
            
            
               (6)The competent authority shall issue an LUC after it is satisfied that the UAS operator complies with UAS.LUC.020, UAS.LUC.030 and UAS.LUC.040.
            
            
               (7)The LUC shall include:
            
            
               (a)the UAS operator identification;
            
            
               (b)the UAS operator’s privileges;
            
         
         
            
               (c)authorised type(s) of operation; 
            
            
               (d)the authorised area, zone or class of airspace for operations, if applicable;
            
            
               (e)any special limitations or conditions, if applicable;
            
            
               (f)UAS operator’s privileges;
            
            
               UAS.LUC.060 Privileges of the LUC holder
            
            
               When satisfied with the documentation provided, the competent authority shall:
            
            
               (1)specify the terms and conditions of the privilege granted to the UAS operator in the LUC 
            
            
               (2)and, within the terms of approval, grant to an LUC holder the privilege to authorise its own operations by:
            
            
               I.not submitting an operational declaration and or
            
            
               II.not applying for an authorisation;
            
            
               UAS.LUC.070 Changes in the LUC management system
            
            
               After an LUC is issued, the following changes require prior approval by the competent authority:
            
            
               (1)any change in the terms of approval of the UAS operator; or
            
            
               (2)any significant change to the elements of the LUC holder’s safety management system as required by UAS.LUC.030.
            
            
               UAS.LUC.075 Transferability of an LUC
            
            
               Except for the change to the ownership of the organisation, approved by the competent authority in accordance with UAS.LUC.070, an LUC is not transferable.
            
            
               UAS.LUC.080 Duration and validity of an LUC
            
            
               (1)A LUC shall be issued for an unlimited duration. It shall remain valid subject to:
            
            
               (a)the LUC holder´s continuous compliance with the relevant requirements of this Regulation and of the Member State that issued the certificate; and
            
            
               (b)it not being surrendered or revoked.
            
         
         
            
               UAS.LUC.090 Access
            
            
               For the purpose of demonstrating compliance with this Regulation, the LUC holder shall grant any person that is duly authorised by the competent authority access to any facility, UAS, document, records, data, procedures or to any other material relevant to its activity which is subject to certification, authorisation or declaration, regardless of whether or not its activity is contracted or subcontracted to another organisation.
            
            
               
            
               Appendix 1
            
            
               for standard scenarios supporting a declaration
            
            
               [pro memoria, this appendix includes the standard scenarios]