(1)

In accordance with Article 12 of Commission Delegated Regulation (EU) 2019/945 (2), a product which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Parts 1 to 6, 16 and 17 of the Annex to that Delegated Regulation.

(2)

By Commission Implementing Decision C(2020) 6148 (3) the Commission made a request to the European Committee for Standardization (CEN) for the drafting of harmonised standards in support of Delegated Regulation (EU) 2019/945 (the ‘request’).

(3)

On the basis of the request CEN drafted the harmonised standard EN 4709-002:2023 addressing the direct remote identification requirements applicable to Unmanned Aircraft Systems and to direct remote identification add-ons.

(4)

The Commission together with CEN has assessed whether the harmonised standard EN 4709-002:2023 complies with the request.

(5)

Given that harmonised standard EN 4709-002:2023 does not adequately cover the requirements set out in Part 2, point (12)(b), Part 3, point (14)(b), Part 4, point (9)(b), and Part 6 point (3) of the Annex to Delegated Regulation (EU) 2019/945 concerning the capability of the direct remote identification signal to be received directly by existing mobile devices, the reference to that standard should be published in the Official Journal of the European Union with restriction.

(6)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,