(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, of unmanned aircraft and unmanned aircraft system (‘UAS’), as well as for the operations of such unmanned aircraft and unmanned aircraft system.

(3)

Considering the specific characteristics of UAS operations, they 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 proportionate to the nature and risk of the operation or activity and adapted to 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)

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 Commission Delegated Regulation (EU) 2019/945 (2).

(9)

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.

(10)

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.

(11)

Operations in the ‘certified’ category should, as a principle, be subject to rules on certification of the operator, and the licensing of remote pilots, in addition to the certification of the aircraft pursuant to Delegated Regulation (EU) 2019/945.

(12)

Whilst mandatory for the ‘certified category’, for the ‘specific’ category a certificate delivered by the competent authorities for the operation of an unmanned aircraft, as well as for the personnel, including remote pilots and organisations involved in those activities, or for the aircraft pursuant to Delegated Regulation (EU) 2019/945 could also be required.

(13)

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.

(14)

Operators of unmanned aircraft should be registered where they operate an unmanned aircraft which, in case of impact, can transfer, to a human, a kinetic energy above 80 Joules or the operation of which presents risks to privacy, protection of personal data, security or the environment.

(15)

Studies have demonstrated that unmanned aircraft with a take-off mass of 250 g or more would present risks to security and therefore UAS operators of such unmanned aircraft should be required to register themselves when operating such aircraft in the ‘open’ category.

(16)

Considering the risks to privacy and protection of personal data, operators of unmanned aircraft should be registered if they operate an unmanned aircraft which is equipped with a sensor able to capture personal data. However, this should not be the case when the unmanned aircraft is considered to be a toy within the meaning of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (3).

(17)

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.

(18)

In accordance with paragraph 8 of Article 56 of Regulation (EU) 2018/1139, this Regulation is without prejudice to the possibility for Member States to lay down national rules to make subject to certain conditions the operations of unmanned aircraft for reasons falling outside the scope of Regulation (EU) 2018/1139, including public security or protection of privacy and personal data in accordance with the Union law.

(19)

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 should be easily accessible (4).

(20)

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.

(21)

Some areas, such as hospitals, gatherings of people, installations and facilities like penal institutions or industrial plants, top-level and higher-level government authorities, nature conservation areas or certain items of transport infrastructure, can be particularly sensitive to some or all types of UAS operations. This should be without prejudice to the possibility for Member States to lay down national rules to make subject to certain conditions the operations of unmanned aircraft for reasons falling outside the scope of this Regulation, including environmental protection, public security or protection of privacy and personal data in accordance with the Union law.

(22)

Unmanned aircraft noise and emissions should be minimised 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, Delegated Regulation (EU) 2019/945 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.

(23)

Current national certificates should be adapted to certificates complying with the requirements of this Regulation.

(24)

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.

(25)

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.

(26)

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.

(27)

Since model aircraft are considered as UAS and given the good safety level demonstrated by model aircraft operations in clubs and associations, there should be a seamless transition from the different national systems to the new Union regulatory framework, so that model aircraft clubs and associations can continue to operate as they do today, as well as taking into account existing best practices in the Member States.

(28)

In addition, considering the good level of safety achieved by aircraft of class C4 as provided in Annex to this Regulation, low risk operations of such aircraft should be allowed to be conducted in the ‘open’ category. Such aircraft, often used by model aircraft operators, are comparatively simpler than other classes of unmanned aircraft and should therefore not be subject to disproportionate technical requirements.

(29)

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) 2018/1139,

(1)

‘unmanned aircraft system’ (‘UAS’) means an unmanned aircraft and the equipment to control it remotely;

(2)

‘unmanned aircraft system operator’ (‘UAS operator’) means any legal or natural person operating or intending to operate one or more UAS;

(3)

‘assemblies of people’ means gatherings where persons are unable to move away due to the density of the people present;

(4)

‘UAS geographical zone’ means a portion of airspace established by the competent authority that facilitates, restricts or excludes UAS operations in order to address risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from UAS operations;

(5)

‘robustness’ means the property of mitigation measures resulting from combining the safety gain provided by the mitigation measures and the level of assurance and integrity that the safety gain has been achieved;

(6)

‘standard scenario’ means a type of UAS operation 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;

(7)

‘visual line of sight operation’ (‘VLOS’) means a type of UAS operation in which, the remote pilot is able to maintain continuous unaided visual contact with the unmanned aircraft, allowing the remote pilot to control the flight path of the unmanned aircraft in relation to other aircraft, people and obstacles for the purpose of avoiding collisions;

(8)

‘beyond visual line of sight operation’ (‘BVLOS’) means a type of UAS operation which is not conducted in VLOS;

(9)

‘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;

(10)

‘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;

(11)

‘dangerous goods’ means articles or substances, which are capable of posing a hazard to health, safety, property or the environment in the case of an incident or accident, that the unmanned aircraft is carrying as its payload, including in particular:

(12)

‘payload’ means instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is installed in or attached to the aircraft and is not used or intended to be used in operating or controlling an aircraft in flight, and is not part of an airframe, engine, or propeller;

(13)

‘direct remote identification’ means a system that ensures the local broadcast of information about a unmanned aircraft in operation, including the marking of the unmanned aircraft, so that this information can be obtained without physical access to the unmanned aircraft;

(14)

‘follow-me mode’ means a mode of operation of a UAS where the unmanned aircraft constantly follows the remote pilot within a predetermined radius;

(15)

‘geo-awareness’ means a function that, based on the data provided by Member States, detects a potential breach of airspace limitations and alerts the remote pilots so that they can take immediate and effective action to prevent that breach;

(16)

‘privately built UAS’ means a UAS assembled or manufactured for the builder's own use, not including UAS assembled from sets of parts placed on the market as a single ready-to-assemble kit;

(17)

‘autonomous operation’ means an operation during which an unmanned aircraft operates without the remote pilot being able to intervene;

(18)

‘uninvolved persons’ means persons who are not participating in the UAS operation or who are not aware of the instructions and safety precautions given by the UAS operator;

(19)

‘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;

(20)

‘placing on the market’ means the first making available of a product on the Union market;

(21)

‘controlled ground area’ means the ground area where the UAS is operated and within which the UAS operator can ensure that only involved persons are present;

(22)

‘maximum take-off mass’ (‘MTOM’) means the maximum Unmanned Aircraft mass, including payload and fuel, as defined by the manufacturer or the builder, at which the Unmanned Aircraft can be operated;

(23)

‘unmanned sailplane’ means an unmanned aircraft that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces, the free flight of which does not depend on an engine. It may be equipped with an engine to be used in case of emergency.

(a)

UAS operations in the ‘open’ category shall not be subject to any prior operational 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 pursuant to Article 12 or an authorisation received in accordance with Article 16, or, under circumstances defined in Article 5(5), a declaration to be made by a UAS operator;

(c)

UAS operations in the ‘certified’ category shall require the certification of the UAS pursuant to Delegated Regulation (EU) 2019/945 and the certification of the operator and, where applicable, the licensing of the remote pilot.

(a)

enforcing this Regulation;

(b)

issuing, suspending or revoking certificates of UAS operators and licenses of remote pilots operating within the ‘certified’ category of UAS operations;

(c)

issuing remote pilots with a proof of completion of an online theoretical knowledge examination according to points UAS.OPEN.020 and UAS.OPEN.040 of the Annex and issuing, amending, suspending, limiting or revoking certificates of competency of remote pilots according to point UAS.OPEN.030 of the Annex;

(d)

issuing, amending, suspending, limiting or revoking operational authorisations and LUCs and verifying completeness of declarations, which are required to carry out UAS operations in the ‘specific’ category of UAS operations;

(e)

keeping documents, records and reports concerning UAS operational authorisations, declarations, certificates of competency of the remote pilots and LUCs;

(f)

making available in a common unique digital format information on UAS geographical zones identified by the Member States and established within the national airspace of its State;

(g)

issuing a confirmation of receipt and completeness in accordance with Article 12(5)(b) or a confirmation in accordance with paragraph 2 of Article 13;

(h)

developing a risk-based oversight system for:

(i)

for operations other than those in the ‘open’ category, establishing audit planning based on the risk profile, compliance level and the safety performance of UAS operators who have submitted a declaration, or hold a certificate issued by the competent authority;

(j)

for operations other than those in the ‘open’ category, carrying out inspections with regard to UAS operators who have submitted a declaration or hold a certificate issued by the competent authority 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 in the ‘open’ or ‘specific’ categories and reported in accordance with paragraph 2 of Article 19;

(l)

providing UAS operators with information and guidance that promotes the safety of UAS operations;

(m)

establishing and maintaining registration systems 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.

(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 of less than 25 kg, including its fuel and payload.

(a)

unmanned aircraft with a maximum take-off mass of less than 500 g are operated within the operational requirements set out in points UAS.OPEN.020(1) of Part A of the Annex by a remote pilot having competency level defined by the Member State concerned;

(b)

unmanned aircraft with a maximum take-off mass of less than 2 kg is operated by keeping a minimum horizontal distance of 50 meters from people and the remote pilots have a competency level 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 is operated within the operational requirements set out in point UAS.OPEN.040(1) and (2) and the remote pilots have a competency level at least equivalent to the one set out in point UAS.OPEN.020(4)(b) of Part A of the Annex.