COMMISSION DELEGATED REGULATION (EU) 2019/945
of 12 March 2019
on unmanned aircraft systems and on third-country operators of unmanned aircraft systems
CHAPTER I
General provisions
Article 1
Subject matter
Article 2
Scope
Chapter II of this Regulation applies to the following products:
UAS intended to be operated under the rules and conditions applicable to the ‘open’ category of UAS operations or to operational declarations under the ‘specific’ category of UAS operations pursuant to Regulation (EU) 2019/947, except privately built UAS, and bearing a class identification label as set out in Parts 1 to 5, 16 and 17 of the Annex to this Regulation indicating to which of the seven UAS classes referred to in Implementing Regulation (EU) 2019/947 it belongs;
class C5 accessories kits as set out in Part 16;
remote identification add-ons as set out in Part 6 of the Annex to this Regulation.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
‘unmanned aircraft’ (‘UA’) means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board;
‘equipment to control unmanned aircraft remotely’ means any instrument, equipment, mechanism, apparatus, appurtenance, software or accessory that is necessary for the safe operation of a UA other than a part and which is not carried on board that UA;
‘unmanned aircraft system’ (‘UAS’) means an unmanned aircraft and the equipment to control it remotely;
‘unmanned aircraft system operator’ (‘UAS operator’) means any legal or natural person operating or intending to operate one or more UAS;
‘open’ category' means a category of UAS operations that is defined in Article 4 of Implementing Regulation (EU) 2019/947;
‘specific’ category means a category of UAS operations that is defined in Article 5 of Implementing Regulation (EU) 2019/947;
‘certified’ category means a category of UAS operation that is defined in Article 6 of Implementing Regulation (EU) 2019/947;
‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for placing products on the market;
‘accreditation’ means accreditation as defined in paragraph 10 of Article 2 of Regulation (EC) No 765/2008;
‘conformity assessment’ means the process demonstrating whether the specified requirements relating to a product have been fulfilled;
‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;
‘CE marking’ means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;
‘manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under their name or trademark;
‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;
‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market;
‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;
‘economic operators’ means the manufacturer, the authorised representative of the manufacturer, the importer, and the distributor of the UAS;
‘making available on the market’ means any supply of a product for distribution, consumption or use in the Union market in the course of a commercial activity, whether in exchange of payment or free of charge;
‘placing on the market’ means the first making available of a product on the Union market;
‘harmonised standard’ means a harmonised standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012;
‘technical specification’ means a document that establishes technical requirements to be fulfilled by a product, process or service;
‘privately built UAS’ means a UAS assembled or manufactured for the builder's own use, not including UAS assembled from a set of parts placed on the market by the manufacturer as a single ready-to-assemble kit;
‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance on its territory;
‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end-user;
‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market;
‘single European sky airspace’ means airspace above the territory to which the Treaties apply, as well as any other airspace where Member States apply Regulation (EC) No 551/2004 of the European Parliament and of the Council ( 1 ) in accordance with paragraph 3 of Article 1 of that Regulation;
‘remote pilot’ means a natural person responsible for safely conducting the flight of a UA by operating its flight controls, either manually or, when the UA flies automatically, by monitoring its course and remaining able to intervene and change its course at any time;
‘maximum take-off mass’ (‘MTOM’) means the maximum UA mass, including payload and fuel, as defined by the manufacturer or the builder, at which the UA can be operated;
‘payload’ means any 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;
‘follow-me mode’ means a mode of operation of a UAS where the unmanned aircraft constantly follows the remote pilot within a predetermined radius;
‘direct remote identification’ means a system that ensures the local broadcast of information about a UA in operation, including the marking of the UA, so that this information can be obtained without physical access to the UA;
‘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 effective immediate and action to prevent that breach;
‘sound power level LWA ’ means the A-weighted sound power in dB in relation to 1 pW as defined in EN ISO 3744:2010;
‘measured sound power level’ means a sound power level as determined from measurements as laid down in Part 13 of the Annex; measured values may be determined either from a single UA representative for the type of equipment or from the average of a number of UA;
‘guaranteed sound power level’ means a sound power level determined in accordance with the requirements laid down in Part 13 of the Annex which includes the uncertainties due to production variation and measurement procedures and where the manufacturer, or his authorised representative established in the Community, confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;
‘hovering’ means staying in the same geographical position in the air;
‘assemblies of people’ means gatherings where persons are unable to move away due to the density of the people present;
‘command unit’ (‘CU’) means the equipment or system of equipment to control unmanned aircraft remotely as defined in point 32 of Article 3 of Regulation (EU) 2018/1139 which supports the control or the monitoring of the unmanned aircraft during any phase of flight, with the exception of any infrastructure supporting the command and control (C2) link service;
‘C2 link service’ means a communication service supplied by a third party, providing command and control between the unmanned aircraft and the CU;
‘night’ means the hours between the end of evening civil twilight and the beginning of morning civil twilight as defined in Implementing Regulation (EU) No 923/2012. ( 2 )
CHAPTER II
UAS intended to be operated in the ‘open’ category or in the ‘specific’ category under operational declaration, accessories kits bearing a class identification label and remote identification add-ons
SECTION 1
Product requirements
Article 4
Requirements
Article 5
Making available on the market and free movement of products
SECTION 2
Obligations of economic operators
Article 6
Obligations of manufacturers
Where compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated by that conformity assessment procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking.
When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of marketed products, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls and shall keep distributors informed of any such monitoring.
Article 7
Authorised representatives
The obligations laid down in paragraph 1 of Article 6 and the obligation to draw up the technical documentation referred to in paragraph 2 of Article 6 shall not form part of the authorised representative's mandate.
An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:
keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the product has been placed on the Union market;
further to a reasoned request from a market surveillance or border control authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the product;
cooperate with the market surveillance or border control authorities, at their request, on any action taken to eliminate the non-conformity of the products covered by the authorised representative's mandate or the safety risks posed by it.
Article 8
Obligations of importers
Before placing a product on the Union market, importers shall ensure that:
the appropriate conformity assessment procedure referred to in Article 13 has been carried out by the manufacturer;
the manufacturer has drawn up the technical documentation referred to in Article 17;
the product bears the CE marking and, when required, the UA class identification label and the indication of the sound power level;
the product is accompanied by the documents referred to in paragraph 7 and 8 of Article 6;
the manufacturer has complied with the requirements set out in paragraphs 5 and 6 of Article 6.
Where an importer considers or has reasons to believe that a product is not in conformity with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex, they shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk for the health and safety of consumers and third parties, the importer shall inform the manufacturer and the competent national authorities to that effect.
Article 9
Obligations of distributors
Distributors shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in a language which can be easily understood by consumers and other end users, as determined by the Member State concerned. Those manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.
Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer to that effect, as well as the competent market surveillance authorities.
Article 10
Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Chapter and shall be subject to the obligations of manufacturers pursuant to Article 6, where they place a product on the market under their name or trademark or modify the product already placed on the market in such a way that compliance with this Chapter may be affected.
Article 11
Identification of economic operators
Economic operators shall, on request, identify the following to the market surveillance authorities:
any economic operator who has supplied them with a product;
any economic operator to whom they have supplied a product.
Economic operators shall be able to present the information referred to in paragraph 1:
for 10 years after they have been supplied with the product;
for 10 years after they have supplied the product.
SECTION 3
Conformity of the product
Article 12
Presumption of conformity
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, shall 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.
Article 13
Conformity assessment procedures
The procedures available to conduct the conformity assessment shall be the following:
internal production control as set out in Part 7 of the Annex, when assessing the compliance of a product with the requirements set out in Parts 1, 5, 6, 16 or 17 of the Annex, subject to the condition that the manufacturer has applied harmonised standards, the references of which have been published in the Official Journal of the European Union, for all the requirements for which such standards exist;
EU-type examination followed by conformity to type based on internal production control as set out in Part 8 of the Annex;
conformity based on full quality assurance as set out in Part 9 of the Annex, excepted when assessing the compliance of a product which is a toy within the meaning of Directive 2009/48/EC.
Article 14
EU declaration of conformity
Article 15
General principles of the CE marking
The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
Article 16
Rules and conditions for affixing the CE marking, the identification number of the notified body, the UAS class identification label and the indication of the sound power level
The identification number of the notified body shall be affixed by the notified body Itself or, under its instructions, by the manufacturer or his authorised representative.
Article 17
Technical documentation
SECTION 4
Notification of conformity assessment bodies
Article 18
Notification
Member States shall notify the Commission and the other Member States of bodies authorised to carry out third-party conformity assessment tasks under this Chapter.
Article 19
Notifying authorities
Article 20
Requirements relating to notifying authorities
A notifying authority shall:
be established in such a way that no conflict of interest with conformity assessment bodies occurs;
be organised and operated so as to safeguard the objectivity and impartiality of its activities;
be organised in such a way that each decision relating to notification of a conformity assessment body is taken by competent persons different from those who carried out the assessment;
not offer or provide any activities that conformity assessment bodies perform or consultancy services on a commercial or competitive basis;
shall safeguard the confidentiality of the information it obtains;
have a sufficient number of competent personnel at its disposal for the proper performance of its tasks.
Article 21
Information obligation on notifying authorities
Article 22
Requirements relating to notified bodies
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of the product which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.
A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of that product, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall, in particular, apply to consultancy services.
Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
At all times and for each conformity assessment procedure and each kind or category of product in relation to which it has been notified, a conformity assessment body shall have at its disposal the necessary:
personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;
descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures; it shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;
procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product in question and the mass or serial nature of the production process.
A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.
The personnel responsible for carrying out conformity assessment tasks shall have the following:
sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;
appropriate knowledge and understanding of the requirements, of the applicable harmonised standards and of the relevant provisions of Union harmonisation legislation;
the ability to draw up EU-type examination certificates or quality system approvals, records and reports demonstrating that assessments have been carried out.
The remuneration of the top-level management and of the personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.
Article 23
Presumption of conformity of notified bodies
Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, it shall be presumed to comply with the requirements set out in Article 22 in so far as the applicable harmonised standards cover those requirements.
Article 24
Subsidiaries of and subcontracting by notified bodies
Article 25
Application for notification
Article 26
Notification procedure
Article 27
Identification numbers and lists of notified bodies
The Commission shall ensure that the list is kept up to date.
Article 28
Changes to notifications
Article 29
Challenge of the competence of notified bodies
Article 30
Operational obligations of notified bodies
In doing so, they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the UA or UAS with this Chapter.
Article 31
Appeal against decisions of notified bodies
Notified bodies shall ensure that a transparent and accessible appeal procedure against their decisions is available.
Article 32
Information obligation on notified bodies
Notified bodies shall inform the notifying authority of the following:
any refusal, restriction, suspension or withdrawal of an EU-type examination certificate or a quality system approval in accordance with the requirements of Parts 8 and 9 of the Annex;
any circumstances affecting the scope of, or conditions for, notification;
any request for information which they have received from market surveillance authorities regarding conformity assessment activities;
on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
Article 33
Exchange of experience
The Commission shall provide for the organisation of exchange of experience between the Member States' national authorities responsible for notification policy.
Article 34
Coordination of notified bodies
SECTION 5
Union market surveillance, control of products entering the Union market and Union safeguard procedure
Article 35
Market surveillance and control of products entering the Union market
Article 36
Procedure for dealing with products presenting a risk at national level
Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the product does not comply with the requirements laid down in this Chapter, they shall, without delay, require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.
The market surveillance authorities shall inform the relevant notified body accordingly.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either of the following:
failure of the product to meet the requirements set out in Article 4;
shortcomings in the harmonised standards referred to in Article 12.
Article 37
Union safeguard procedure
The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
Article 38
Compliant product which presents a risk
Article 39
Formal non-compliance
Without prejudice to Article 36, where a Member State makes one of the following findings concerning products covered by this Chapter, it shall require the relevant economic operator to put an end to the non-compliance concerned:
the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 15 or Article 16 of this Regulation;
the CE marking or type has not been affixed;
the identification number of the notified body, where the conformity assessment procedure set out in Part 9 of the Annex is applied, has been affixed in violation of Article 16 or has not been affixed;
the UA class identification label has not been affixed;
the indication of the sound power level if required has not been affixed;
the serial number has not been affixed or has not the correct format;
the manual or the information notice is not available;
the EU declaration of conformity is missing or has not been drawn up;
the EU declaration of conformity has not been drawn up correctly;
technical documentation is either not available or not complete;
manufacturer's or importer's name, registered trade name or registered trademark, website address or postal address are missing.
CHAPTER III
Requirements for UAS operated in the ‘certified’ the ‘specific’ categories except when conducted under a declaration
Article 40
Requirements for UAS operated in the ‘certified’ and ‘specific’ categories except when conducted under a declaration.
The design, production and maintenance of UAS shall be certified if the UAS meets any of the following conditions:
it has a characteristic dimension of 3 m or more, and is designed to be operated over assemblies of people;
it is designed for transporting people;
it is designed for the purpose of transporting dangerous goods and requiring a high level of robustness to mitigate the risks for third parties in case of accident;
it is intended to be used in the ‘specific’ category of operations defined in Article 5 of Implementing Regulation (EU) 2019/947 and in the operational authorisation to be issued by the competent authority, following a risk assessment provided for in Article 11 of Implementing Regulation (EU) 2019/947, considers that the risk of the operation cannot be adequately mitigated without the certification of the UAS.
A UAS subject to certification shall comply with the applicable requirements set out in Commission Regulation (EU) No 748/2012, Commission Regulation (EU) 2015/640 and Commission Regulation (EU) No 1321/2014.
Unless it needs to be certified in accordance with paragraph 1, a UAS used in the ‘specific’ category shall feature the technical capabilities set out in the operational authorisation issued by the competent authority or as defined by the Light UAS Operator Certificate (LUC) pursuant to Part C of the Annex to Implementing Regulation (EU) 2019/947.
Unless privately built, all UAS not subject to registration according to Article 14 of the Implementing Regulation (EU) 2019/947 shall have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019.
Each UA intended to be operated in the ‘specific’ category and at a height below 120 meters shall be equipped with a remote identification system that allows:
the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system. The system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration. In case of inconsistency, the UAS shall emit an error message to the UAS operator;
the periodic transmission of at least the following data, in real time during the whole duration of the flight, in a way that it can be received by existing mobile devices:
the UAS operator registration number and the verification code provided by the Member State during the registration process unless the consistency check defined in point(a) is not passed;
the unique serial number of the UA compliant with paragraph 4 or, if the UA is privately built, the unique serial number of the add on, as specified in Part 6 of the Annex;
the time stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot;
an indication of the emergency status of the UAS.
to reduce the ability of tampering the functionality of the direct remote identification system.
CHAPTER IV
Third-country UAS operators
Article 41
Third-country UAS operators
By way of derogation from paragraph 1, a certificate of the remote pilot competency or UAS operator in accordance with Implementing Regulation (EU) 2019/947, or an equivalent document, may be recognised by the competent authority for the purpose of operation within, to, and out of the Union provided that:
the third country asked for such recognition;
the certificate of the remote pilot competency or the UAS operator's certificate are valid documents of the State of issue; and
the Commission, after consultation of EASA, has ensured that the requirements on the basis of which such certificates have been issued provide the same level of safety as this Regulation does.
CHAPTER V
Final provisions
Article 42
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
PART 1
Requirements for a class C0 Unmanned aircraft system
A class C0 UAS bears the following class identification label on the UA:
A class C0 UAS shall comply with the following:
have an MTOM of less than 250 g, including payload;
have a maximum speed in level flight of 19 m/s;
have a maximum attainable height above the take-off point limited to 120 m;
be safely controllable with regards to stability, manoeuvrability and the command and control link performance, by a remote pilot following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;
be designed and constructed in such a way as to minimise injury to people during operation, sharp edges shall be avoided, unless technically unavoidable under good design and manufacturing practice. If equipped with propellers, the UA shall be designed in such a way as to limit any injury that may be inflicted by the propeller blades;
be exclusively powered by electricity;
if equipped with a follow-me mode and when this function is on, be in a range not exceeding 50 m from the remote pilot, and make it possible for the remote pilot to regain control of the UA;
be placed on the market with manufacturer’s instructions providing:
the characteristics of the UA including but not limited to the:
clear operational instructions;
operational limitations (including but not limited to meteorological conditions and day/night operations); and
appropriate description of all the risks related to UAS operations adapted for the age of the user;
include an information notice published by the European Union Aviation Safety Agency (EASA) providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;
Points (4), (5) and (6) do not apply to UAS that are toys in the meaning of Directive 2009/48/EC on the safety of toys.
PART 2
Requirements for a class C1 Unmanned aircraft system
A class C1 UAS bears the following class identification label on the UA:
A class C1 UAS shall comply with the following:
be made of materials and have performance and physical characteristics such as to ensure that in the event of an impact at terminal velocity with a human head, the energy transmitted to the human head is less than 80 J, or, as an alternative, shall have an MTOM of less than 900 g, including payload;
have a maximum speed in level flight of 19 m/s;
have a maximum attainable height above the take-off point limited to 120 m or be equipped with a system that limits the height above the surface or above the take-off point to 120 m or to a value selectable by the remote pilot; if the value is selectable, clear information about the height of the UA above the surface or take-off point during flight shall be provided to the remote pilot;
be safely controllable with regards to stability, manoeuvrability and the command and control link performance, by a remote pilot with adequate competency as defined in Implementing Regulation (EU) 2019/947 and following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;
have the requisite mechanical strength for the UA, including any necessary safety factor, and, where appropriate, stability to withstand any stress to which it is subjected to during use without any breakage or deformation that might interfere with its safe flight;
be designed and constructed in such a way as to minimise injury to people during operation, sharp edges of the UA shall be avoided, unless technically unavoidable under good design and manufacturing practice; if equipped with propellers, the UA shall be designed in such a way as to limit any injury that may be inflicted by the propeller blades;
in case of a loss of the command and control link, have a reliable and predictable method for the UA to recover the command and control link or if this fails, terminate the flight in a way that reduces the effect on third parties in the air or on the ground;
unless it is a fixed-wing UA, have a guaranteed A-weighted sound power level LWA determined as per Part 13 not exceeding the levels established in Part 15;
unless it is a fixed-wing UA, have the indication of the guaranteed A-weighted sound power level affixed on the UA and/or its packaging as per Part 14;
be exclusively powered by electricity;
have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019;
have a direct remote identification that:
allows the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system; the system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration; in case of inconsistency, the UAS shall emit an error message to the UAS operator;
ensures, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:
the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point (a) is not passed;
the unique physical serial number of the UA compliant with point (11);
the time-stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot or, if not available, the take-off point; and
an indication of the emergency status of the UAS;
reduces the ability of tampering the functionality of the direct remote identification system;
be equipped with a geo-awareness function that provides:
an interface to load and update data containing information on airspace limitations related to UA position and height imposed by the UAS geographical zones, as defined by Article 15 of Implementing Regulation (EU) 2019/947, which ensures that the process of loading or updating such data does not degrade its integrity and validity;
a warning alert to the remote pilot when a potential breach of airspace limitations is detected; and
information to the remote pilot on the UA’s status as well as a warning alert when its positioning or navigation systems cannot ensure the proper functioning of the geo-awareness function;
if the UA has a function that limits its access to certain airspace areas or volumes, this function shall operate in such a manner that it interacts smoothly with the flight control system of the UA without adversely affecting flight safety; in addition, clear information shall be provided to the remote pilot when this function prevents the UA from entering these airspace areas or volume;
provide the remote pilot with clear warning when the battery of the UA or its command unit reaches a low level such that the remote pilot has sufficient time to safely land the UA;
be equipped:
with lights for the purpose of controllability of the UA; and
with at least one green flashing light for the purpose of conspicuity of the UA at night to allow a person on the ground to distinguish the UA from a manned aircraft;
if equipped with a follow-me mode and when this function is on, be in a range not exceeding 50 m from the remote pilot, and make it possible for the remote pilot to regain control of the UA;
be placed on the market with manufacturer’s instructions providing:
the characteristics of the UA including but not limited to the:
—
clear operational instructions;
procedure to upload the airspace limitations into the geo-awareness function;
maintenance instructions;
troubleshooting procedures;
operational limitations (including but not limited to meteorological conditions and day/night operations); and
appropriate description of all the risks related to UAS operations;
include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;.
if equipped with a network remote identification system it shall:
allow, in real time during the whole duration of the flight, the transmission from the UA using an open and documented transmission protocol, in a way that it can be received through a network, of at least the following data;
the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point (a) is not passed;
the unique serial number of the UA compliant with point (11);
the time stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot or, if not available, the take-off point; and
an indication of the emergency status of the UAS;
reduce the ability of tampering the functionality of the direct remote identification system.
PART 3
Requirements for a class C2 Unmanned aircraft system
A class C2 UAS bears the following class identification label on the UA:
A class C2 UAS shall comply with the following:
have an MTOM of less than 4 kg, including payload;
have a maximum attainable height above the take-off point limited to 120 m or be equipped with a system that limits the height above the surface or above the take-off point to 120 m or to a value selectable by the remote pilot. If the value is selectable, clear information about the height of the UA above the surface or take-off point during flight shall be provided to the remote pilot;
be safely controllable with regard to stability, manoeuvrability and the command and control link performance, by a remote pilot with adequate competency as defined in Implementing Regulation (EU) 2019/947 and following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;
have the requisite mechanical strength for the UA, including any necessary safety factor, and, where appropriate, stability to withstand any stress to which it is subjected to during use without any breakage or deformation that might interfere with its safe flight;
in the case of a tethered UA, have a tensile length of the tether that is less than 50 m and a mechanical strength that is no less than:
for heavier-than-air aircraft, 10 times the weight of the aerodyne at maximum mass;
for lighter-than-air aircraft, 4 times the force exerted by the combination of the maximum static thrust and the aerodynamic force of the maximum allowed wind speed in flight;
be designed and constructed in such a way as to minimise injury to people during operation, sharp edges of the UA shall be avoided, unless technically unavoidable under good design and manufacturing practice; if equipped with propellers, the UA shall be designed in such a way as to limit any injury that may be inflicted by the propeller blades;
unless tethered, in case of a loss of the command and control link, have a reliable and predictable method for the UA to recover the command and control link or, if it fails, terminate the flight in a way that reduces the effect on third parties in the air or on the ground;
unless tethered, be equipped with a command and control link protected against unauthorised access to the command and control functions;
unless it is a fixed-wing UA, be equipped with a low-speed mode selectable by the remote pilot and limiting the ground speed to no more than 3 m/s.
unless it is a fixed-wing UA, have a guaranteed A-weighted sound power level LWA determined as per Part 13 not exceeding the levels established in Part 15;
unless it is a fixed-wing UA, have the indication of the guaranteed A-weighted sound power level affixed on the UA and/or its packaging as per Part 14;
be exclusively powered by electricity;
have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019;
have a direct remote identification that:
allows the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system. The system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration. In case of inconsistency, the UAS shall emit am error message to the UAS operator;
ensures, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:
the UAS operator registration number and the verification code provided by the Member State during the registration process, unless the consistency check defined in point (a) is not passed;
the unique serial number of the UA compliant with point (13);
the time stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot or, if not available, the take-off point; and
an indication of the emergency status of the UAS;
reduces the ability of tampering the functionality of the direct remote identification system.
be equipped with a geo-awareness function that provides:
an interface to load and update data containing information on airspace limitations related to UA position and height imposed by the UAS geographical zones, as defined by article 15 of Implementing Regulation (EU) 2019/947, which ensures that the process of loading or updating of this data does not degrade its integrity and validity;
a warning alert to the remote pilot when a potential breach of airspace limitations is detected; and
information to the remote pilot on the UA’s status as well as a warning alert when its positioning or navigation systems cannot ensure the proper functioning of the geo-awareness function;
if the UA has a function that limits its access to certain airspace areas or volumes, this function shall operate in such a manner that it interacts smoothly with the flight control system of the UA without adversely affecting flight safety; in addition, clear information shall be provided to the remote pilot when this function prevents the UA from entering these airspace areas or volumes;
provide the remote pilot with clear warning when the battery of the UA or its command unit reaches a low level such that the remote pilot has sufficient time to safely land the UA;
be equipped:
with lights for the purpose of controllability of the UA; and
with at least one green flashing light for the purpose of conspicuity of the UA at night to allow a person on the ground, to distinguish the UA from a manned aircraft;
be placed on the market with manufacturer’s instructions providing:
the characteristics of the UA including but not limited to the:
—
clear operational instructions;
the procedure to upload the airspace limitations into the geo-awareness function;
maintenance instructions;
troubleshooting procedures;
operational limitations (including but not limited to meteorological conditions and day/night operations); and
appropriate description of all the risks related to UAS operations;
include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;
if equipped with a network remote identification system it shall:
ensure, in real time during the whole duration of the flight, the transmission from the UA using an open and documented transmission protocol, in a way that it can be received through a network, of at least the following data;
the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point 14(a) is not passed;
the unique serial number of the UA compliant with point (13);
the time stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot or, if not available, the take-off point; and
an indication of the emergency status of the UAS;
reduce the ability of tampering the functionality of the direct remote identification system.
PART 4
Requirements for a class C3 Unmanned aircraft system
A class C3 UAS bears the following class identification label on the UA:
A class C3 UAS shall comply with the following:
have an MTOM of less than 25 kg, including payload, and have a maximum characteristic dimension of less than 3 m;
have a maximum attainable height above the take-off point limited to 120 m or be equipped with a system that limits the height above the surface or above the take-off point to 120 m or to a value selectable by the remote pilot. If the value is selectable, clear information about the height of the UA above the surface or take-off point during flight shall be provided to the remote pilot;
be safely controllable with regard to stability, manoeuvrability and the command and control link performance, by a remote pilot with adequate competency as defined in Implementing Regulation (EU) 2019/947 and following the manufacturer’s instructions, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems;
in the case of a tethered UA, have a tensile length of the tether that is less than 50 m and a mechanical strength of no less than:
for heavier-than-air aircraft, 10 times the weight of the aerodyne at maximum mass;
for lighter-than-air aircraft, 4 times the force exerted by the combination of the maximum static thrust and the aerodynamic force of the maximum allowed wind speed in flight;
unless tethered, in case of a loss of the command and control link, have a reliable and predictable method for the UA to recover the command and control link or, if it fails, terminate the flight in a way that reduces the effect on third parties in the air or on the ground;
unless it is a fixed-wing UA, have the indication of the guaranteed A-weighted sound power level LWA determined as per Part 13 affixed on the UA and/or its packaging as per Part 14;
be exclusively powered by electricity;
have a unique serial number compliant with standard ANSI/CTA-2063-A-2019, Small Unmanned Aerial Systems Serial Numbers, 2019;
unless tethered, have a direct remote identification that:
allows the upload of the UAS operator registration number required in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and any additional number provided by the registration system; the system shall perform a consistency check verifying the integrity of the full string provided to the UAS operator at the time of registration; in case of inconsistency, the UAS shall emit an error message to the UAS operator;
ensures, in real time during the whole duration of the flight, the direct periodic broadcast from the UA using an open and documented transmission protocol, in a way that it can be received directly by existing mobile devices within the broadcasting range, of at least the following data:
the UAS operator registration number and the verification code provided by the Member State during the registration process unless the consistency check defined in point (a) is not passed;
the unique serial number of the UA compliant with point (8);
the time stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot or, if not available, the take-off point; and
an indication of the emergency status of the UAS;
reduces the ability of tampering the functionality of the direct remote identification system;
be equipped with a geo-awareness function that provides:
an interface to load and update data containing information on airspace limitations related to UA position and height imposed by the UAS geographical zones, as defined by article 15 of Implementing Regulation (EU) 2019/947, which ensures that the process of loading or updating of this data does not degrade its integrity and validity;
a warning alert to the remote pilot when a potential breach of airspace limitations is detected; and
information to the remote pilot on the UA’s status as well as a warning alert when its positioning or navigation systems cannot ensure the proper functioning of the geo-awareness function;
if the UA has a function that limits its access to certain airspace areas or volumes, this function shall operate in such a manner that it interacts smoothly with the flight control system of the UA without adversely affecting flight safety; in addition, clear information shall be provided to the remote pilot when this function prevents the UA from entering these airspace areas or volumes;
unless tethered, be equipped with a command and control link protected against unauthorised access to the command and control functions;
provide the remote pilot with clear warning when the battery of the UA or its command unit reaches a low level such that the remote pilot has sufficient time to safely land the UA;
be equipped:
with lights for the purpose of controllability of the UA; and
with at least one green flashing light for the purpose of conspicuity of the UA at night to allow a person on the ground to distinguish the UA from a manned aircraft;
be placed on the market with manufacturer’s instructions providing:
the characteristics of the UA including but not limited to the:
clear operational instructions;
the procedure to upload the airspace limitations into the geo-awareness function;
maintenance instructions;
troubleshooting procedures
operational limitations (including but not limited to meteorological conditions and day/night operations); and
appropriate description of all the risks related to UAS operations;
include an information notice published by EASA providing the applicable limitations and obligations, in accordance with Implementing Regulation (EU) 2019/947;
if equipped with a network remote identification system it shall:
ensure, in real time during the whole duration of the flight, the transmission from the UA using an open and documented transmission protocol, in a way that it can be received through a network, of at least the following data;
the UAS operator registration number and the verification code provided by the Member State of registration during the registration process unless the consistency check defined in point 9(a) is not passed;
the unique serial number of the UA compliant with point (8);
the time stamp, the geographical position of the UA and its height above the surface or take-off point;
the route course measured clockwise from true north and ground speed of the UA;
the geographical position of the remote pilot or, if not available, the take-off point; and
an indication of the emergency status of the UAS;
reduce the ability of tampering the functionality of the direct remote identification system.
PART 5
Requirements for a class C4 Unmanned aircraft system
A class C4 UAS bears the following label on the UA in a visible manner: