13.5.2020 |
EN |
Official Journal of the European Union |
L 150/1 |
COMMISSION IMPLEMENTING REGULATION (EU) 2020/639
of 12 May 2020
amending Implementing Regulation (EU) 2019/947 as regards standard scenarios for operations executed in or beyond the visual line of sight
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 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 and (EC) No 552/2004 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 57 thereof,
Whereas:
(1) |
Pursuant to Commission Implementing Regulation (EU) 2019/947 (2), an unmanned aircraft system (‘UAS’) must comply with operational limitations set out in operational authorisations or in a standard scenario, established by that Regulation. |
(2) |
On the basis of the experience of Member States, the European Union Aviation Safety Agency (EASA) developed two standard scenarios for the operations. |
(3) |
Standard scenario 1 (‘STS-01’) covers operations executed in visual line of sight (‘VLOS’), at a maximum height of 120 m over a controlled ground area in a populated environment using a CE class C5 UAS. |
(4) |
Standard scenario 2 (‘STS-02’) covers operations that could be conducted beyond visual line of sight (‘BVLOS’), with the unmanned aircraft at a distance of not more than 2 km from the remote pilot with the presence of airspace observers, at a maximum height of 120 m over a controlled ground area in a sparsely populated environment, and using a CE class C6 UAS. |
(5) |
Implementing Regulation (EU) 2019/947 should therefore be amended to include those standard scenarios. |
(6) |
Where the probability of encountering manned aircraft is not low, Member States may establish geographical zones in such areas to prevent UAS operators from conducting operations under standard scenarios. |
(7) |
A requirement for a minimum overall mark attesting that remote pilots have successfully completed the theoretical knowledge examination should be introduced. |
(8) |
In order to improve the conspicuity of the unmanned aircraft flown at night, and in particular, to allow a person on the ground to easily distinguish the unmanned aircraft from a manned aircraft, a green flashing light should be activated on the unmanned aircraft. |
(9) |
Well defined rules should apply to practical skill training and assessment of remote pilots operating under a standard scenario. That training and assessment should be provided by an entity recognised by the competent authority or by an UAS operator in compliance with requirements laid down in this Regulation. |
(10) |
In case of cross-border operations or operations outside the Member State of registration by a holder of a light UAS operator certificate (LUC), the Member State of operation should receive information regarding the location or locations of the intended operation. |
(11) |
EASA prepared draft implementing rules and submitted them with Opinion No 05/2019 (3) pursuant to points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139. |
(12) |
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, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) 2019/947
Implementing Regulation (EU) 2019/947 is amended as follows:
(1) |
in Article 2, the following points (24) to (34) are added:
(*1) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).’;" |
(2) |
paragraph 5 of Article 5 is replaced by the following: ‘5. Where the UAS operator submits a declaration to the competent authority of the Member State of registration in accordance with point UAS.SPEC.020 laid down in Part B of the Annex for an operation complying with a standard scenario set out in Appendix 1 to that Annex, the UAS operator shall not be required to obtain an operational authorisation in accordance with paragraphs 1 to 4 of this Article and the procedure laid down in paragraph 5 of Article 12 shall apply. The UAS operator shall use the declaration referred to in Appendix 2 to that Annex.’; |
(3) |
in Article 13 a new paragraph 4 is added: ‘4. Where a UAS operator holding an LUC with privileges in accordance with point UAS.LUC.060 of the Annex intends to conduct an operation in the “specific category” taking place partially or entirely in the airspace of a Member State other than the Member State of registration, the UAS operator shall provide the competent authority of the Member State of intended operation with the following information:
|
(4) |
in Article 14, the following paragraph 9 is added: ‘9. In addition to the data defined in point (2) Member States may collect additional identity information from the UAS operators.’; |
(5) |
in Article 15, point (a) of paragraph 1 is replaced by the following:
|
(6) |
Article 22 is replaced by the following: ‘Article 22 Without prejudice to Article 20, the use of UAS in the “open” category which do not comply with the requirements of Parts 1 to 5 of the Annex to Commission Delegated Regulation (EU) 2019/945 (*2) shall be allowed for a transitional period of two years starting one year after the date of entry into force of this Regulation, subject to the following conditions:
(*2) Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (OJ L 152, 11.6.2019, p. 1).’;" |
(7) |
Article 23 is replaced by the following: ‘Article 23 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 1 July 2020. 2. Paragraph 5 of Article 5 and point (1)(l) of point UAS.SPEC.050 shall apply from 2 December 2021; 3. Point (2)(g) of point UAS.OPEN.060 shall apply from 1 July 2022. 4. Without prejudice to paragraph 1 of Article 21, until 2 December 2021 Member States may accept declarations made by UAS operators in accordance with paragraph 5 of Article 5, based on national standard scenarios or equivalent, if those national scenarios meet the requirements of point UAS.SPEC.020 of the Annex. Such declarations shall cease to be valid from 2 December 2023. 5. Paragraph 3 of Article 15 shall apply from 1 July 2021.’; |
(8) |
the Annex is replaced by the Annex to this Regulation. |
Article 2
Entry into force and application
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.
Done at Brussels, 12 May 2020.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (OJ L 152, 11.6.2019, p. 45).
(3) https://www.easa.europa.eu/document-library/opinions
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 unmanned aircraft starting from a natural elevation in the terrain or over terrain with natural elevations, the unmanned aircraft shall be maintained within 120 metres from the closest point of the surface of the earth. The measurement of distances shall be adapted accordingly to the geographical characteristics of the terrain, such as plains, hills, mountains. |
(3) |
When flying an unmanned aircraft within a horizontal distance of 50 metres from an artificial obstacle taller than 105 metres, the maximum height of the UAS operation may be increased up to 15 metres above the height of the obstacle at the request of the entity responsible for the obstacle. |
(4) |
By way of derogation from point (2), unmanned sailplanes with a MTOM, including payload, of less than 10 kg, may be flown at a distance in excess of 120 metres from the closest point of the surface of the earth, provided that the unmanned sailplane is not flown at a height greater than 120 metres above the remote pilot at any time. |
UAS.OPEN.020 UAS operations in subcategory A1
UAS operations in subcategory A1 shall comply with all of the following conditions:
(1) |
for unmanned aircraft referred to in point (5)(d), be conducted in such a way that a remote pilot of the unmanned aircraft does not overfly assemblies of people and reasonably expects that no uninvolved person will be overflown. In the event of unexpected overflight of uninvolved persons, the remote pilot shall reduce as much as possible the time during which the unmanned aircraft overflies those persons; |
(2) |
in the case of an unmanned aircraft referred to in points (5)(a), (5)(b) and (5)(c), be conducted in such a way that the remote pilot of the unmanned aircraft may overfly uninvolved persons, but shall never overfly assemblies of people; |
(3) |
by way of derogation from point (d) of paragraph 1 of Article 4, be conducted, when the follow-me mode is active, up to a distance of 50 metres from the remote pilot; |
(4) |
be performed by a remote pilot who:
|
(5) |
be performed with an unmanned aircraft that:
|
UAS.OPEN.030 UAS operations in subcategory A2
UAS operations in subcategory A2 shall comply with all of the following conditions:
(1) |
be conducted in such a way that the unmanned aircraft does not overfly uninvolved persons and the UAS operations take place at a safe horizontal distance of at least 30 metres from them; the remote pilot may reduce the horizontal safety distance down to a minimum of 5 metres from an uninvolved person when operating an unmanned aircraft with an active low speed mode function and after evaluation of the situation regarding:
|
(2) |
be performed by a remote pilot who is familiar with manufacturer’s instructions provided by the manufacturer of the UAS and holds a certificate of remote pilot competency issued by the competent authority or by an entity designated by the competent authority of a Member State. This certificate shall be obtained after complying with all of the following conditions and in the order indicated:
|
(3) |
be performed with an unmanned aircraft which is marked as class C2 and complies with the requirements of that class, as defined in Part 3 of the Annex to Delegated Regulation (EU) 2019/945, and is operated with active and updated direct remote identification system and geo-awareness function. |
UAS.OPEN.040 UAS operations in subcategory A3
UAS operations in subcategory A3 shall comply with all of the following conditions:
(1) |
be conducted in an area where the remote pilot reasonably expects that no uninvolved person will be endangered within the range where the unmanned aircraft is flown during the entire time of the UAS operation; |
(2) |
be conducted at a safe horizontal distance of at least 150 metres from residential, commercial, industrial or recreational areas; |
(3) |
be performed by a remote pilot who is familiar with manufacturer’s instructions provided by the manufacturer of the UAS and who has completed an online training course and passed an online theoretical knowledge examination as defined in point (4)(b) of point UAS.OPEN.020; |
(4) |
be performed with an unmanned aircraft that:
|
UAS.OPEN.050 Responsibilities of the UAS operator
The UAS operator shall comply with all of the following:
(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 flight; |
(4) |
ensure that remote pilots and all other personnel performing a task in support of the operations are familiar with manufacturer’s instructions provided by the manufacturer of the UAS, and:
|
(5) |
update the information into the geo-awareness system when applicable according to the intended location of operation; |
(6) |
in the case of an operation with an unmanned aircraft of one of the classes defined in Parts 1 to 5 of the Annex of Delegated Regulation (EU) 2019/945, ensure that the UAS is:
|
(7) |
Ensure in the case of an 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.060 Responsibilities of the remote pilot
(1) |
Before starting an UAS operation, the remote pilot shall:
|
(2) |
During the flight, the remote pilot shall:
|
(3) |
During the flight, remote pilots and UAS operators shall 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 (2)(b), remote pilots may be assisted by an unmanned aircraft observer. In such case, clear and effective communication shall be established between the remote pilot and the unmanned aircraft observer. |
UAS.OPEN.070 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 points (4)(b) of point UAS.OPEN.020 and point (3) of point UAS.OPEN.040, and the certificate of remote pilot competency, required by point (2) of point UAS.OPEN.030, shall be valid for five years. |
(2) |
The revalidation of the remote pilot online theoretical competency and of the certificate of remote pilot competency is, within its validity period, subject to:
|
(3) |
In order to revalidate the remote pilot online theoretical competency or the certificate of remote pilot competency upon its expiration, the remote pilot shall comply with point (2)(a). |
PART B
UAS OPERATIONS IN THE ‘SPECIFIC’ CATEGORY
UAS.SPEC.010 General provisions
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 the operator holds a light UAS operator certificate (LUC) with the appropriate privileges, in accordance with Part C of this Annex. 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, the UAS operator may submit an operational declaration of compliance with a standard scenario as defined in Appendix 1 to this Annex to the competent authority of the Member State of registration as an alternative to points UAS.SPEC.30 and UAS.SPEC.40 in relation to operations:
|
(2) |
A declaration of UAS operators shall contain:
|
(3) |
Upon receipt of the declaration, the competent authority shall verify that the declaration contains all the elements listed in point (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 an LUC with appropriate privileges, in accordance with Part C of this Annex, are not required to submit the declaration. |
UAS.SPEC.030 Application for an operational authorisation
(1) |
Before starting an UAS operation in the ‘specific’ category the UAS operator shall obtain an operational authorisation from the national competent authority of the Member State of registration, except:
|
(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 and shall include in addition the following information:
|
UAS.SPEC.040 Issuing of an operational authorisation
(1) |
When receiving an application in accordance with point UAS.SPEC.030, the competent authority shall issue, without undue delay, an operational authorisation in accordance with Article 12 when it concludes that the operation meets the following conditions:
|
(2) |
The competent authority shall specify in the operational authorisation the exact scope of the authorisation in accordance with Article 12. |
UAS.SPEC.050 Responsibilities of the UAS operator
(1) |
The UAS operator shall comply with all of the following:
|
UAS.SPEC.060 Responsibilities of the remote pilot
(1) |
The remote pilot shall:
|
(2) |
Before starting an UAS operation, the remote pilot shall comply with all of the following:
|
(3) |
During the flight, the remote pilot shall:
|
UAS.SPEC.070 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 point (1), the operational authorisation remains valid 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 of the operational authorisation the UAS operator shall provide an acknowledgment in digital format that must be returned to the competent authority without delay. |
UAS.SPEC.085 Duration and validity of an operational declaration:
The operational declaration shall have a limited duration of 2 years. The declaration shall no longer be considered as complete within the meaning of point (4) of point UAS.SPEC.020 if:
(1) |
during the oversight of the UAS operator, the competent authority has found that the UAS operation is not conducted in accordance with the operational declaration; |
(2) |
the conditions of the UAS operation have changed to the extent that the operational declaration no longer complies with the applicable requirements of this Regulation; |
(3) |
the competent authority is not granted access in accordance with point UAS.SPEC.090. |
UAS.SPEC.090 Access
For the purpose of demonstrating compliance with this Regulation, an UAS operator shall grant to any person, that is duly authorised by the competent authority, an access to any facility, UAS, document, records, data, procedures or to any other material relevant to its activity, which is subject to operational authorisation or operational declaration, regardless of whether or not its activity is contracted or subcontracted to another organisation.
UAS.SPEC.100 Use of certified equipment and certified unmanned aircraft
(1) |
If the UAS operation is using an unmanned aircraft for which a certificate of airworthiness or a restricted certificate of airworthiness have been issued, 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 unmanned aircraft certificate or equipment certificate, and also comply with any airworthiness or operational directives issued by the Agency. |
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 contain all of the following information:
|
(3) |
If the requirements of this Part are met, an LUC holder may be granted the privileges, in accordance with point UAS.LUC.060. |
UAS.LUC.020 Responsibilities of the LUC holder
The LUC holder shall:
(1) |
comply with the requirements of points UAS.SPEC.050 and UAS.SPEC.060; |
(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 point 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 point UAS.LUC.060:
|
(6) |
keep personnel records referred to in point (5)(c) 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) |
An 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 comply with all of the following:
|
(3) |
If the organisation holds other organisation certificates within the scope of Regulation (EU) 2018/1139, 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 shall 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
(1) |
The competent authority shall issue an LUC after it is satisfied that the UAS operator complies with points UAS.LUC.020, UAS.LUC.030 and UAS.LUC.040. |
(2) |
The LUC shall include:
|
UAS.LUC.060 Privileges of the LUC holder
When satisfied with the documentation provided, the competent authority:
(1) |
shall specify the terms and conditions of the privilege granted to the UAS operator in the LUC; and |
(2) |
may, within the terms of approval, grant to an LUC holder the privilege to authorise its own operations without:
|
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; |
(2) |
any significant change to the elements of the LUC holder’s safety management system as required by point 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 point UAS.LUC.070, an LUC is not transferable.
UAS.LUC.080 Duration and validity of an LUC
(1) |
An LUC shall be issued for an unlimited duration. It shall remain valid subject to:
|
(2) |
Upon revocation or surrender of an LUC, the LUC holder shall provide an acknowledgment in digital format that must be returned to the competent authority without delay. |
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, an access to any facility, UAS, document, records, data, procedures or to any other material relevant to its activity, which is subject to certification, operational authorisation or operational declaration, regardless of whether or not its activity is contracted or subcontracted to another organisation.
Appendix 1
for standard scenarios supporting a declaration
CHAPTER I
STS-01 – VLOS over a controlled ground area in a populated environment
UAS.STS-01.010 General provisions
(1) |
During flight, the unmanned aircraft shall be maintained within 120 m from the closest point of the surface of the earth. The measurement of distances shall be adapted accordingly to the geographical characteristics of the terrain, such as plains, hills, mountains. |
(2) |
When flying an unmanned aircraft within a horizontal distance of 50 m from an artificial obstacle taller than 105 metres, the maximum height of the UAS operation may be increased up to 15 m above the height of the obstacle at the request of the entity responsible for the obstacle. |
(3) |
The maximum height of the operational volume shall not exceed 30 m above the maximum height allowed in points (1) and (2). |
(4) |
During flight, the unmanned aircraft shall not carry dangerous goods. |
UAS.STS-01.020 UAS operations in STS-01
(1) |
UAS operations in STS-01 shall meet all of the following conditions:
|
(2) |
The remote pilot shall obtain the certificate of theoretical knowledge for operations in the standard scenarios after:
|
(3) |
This certificate shall be valid for five years. The revalidation, within its validity period is subject to any of the following:
|
(4) |
In order to revalidate the certificate upon its expiration, the remote pilot shall comply with point (2). |
UAS.STS-01.030 Responsibilities of the UAS operator
In addition to the responsibilities defined in UAS.SPEC.050, the UAS operator shall:
(1) |
develop an operations manual including the elements defined in Appendix 5; |
(2) |
define the operational volume and ground risk buffer for the intended operations, including the controlled ground area covering the projections on the surface of the earth within both the volume and the buffer; |
(3) |
ensure the adequacy of the contingency and emergency procedures through any of the following:
|
(4) |
develop an effective emergency response plan (ERP) suitable for the operation that includes at least:
|
(5) |
ensure that the level of performance for any externally provided service necessary for the safety of the flight is adequate for the intended operation; |
(6) |
define the allocation of the roles and responsibilities between the operator and the external service provider(s), if applicable; |
(7) |
upload updated information into the geo-awareness, if the function is installed on the UAS, when required by the UAS geographical zone for the intended location of operation; |
(8) |
ensure that, before starting the operation, the controlled ground area is in place, effective and compliant with the minimum distance defined in point UAS.STS-01.020(1)(C)(i)(C) and, when required, coordination with the appropriate authorities has been conducted; |
(9) |
ensure that, before starting the operation, all persons present in the controlled ground area:
|
(10) |
ensure that:
|
UAS.STS-01.040 Responsibilities of the remote pilot
In addition to the responsibilities defined in UAS.SPEC.060, the remote pilot:
(1) |
before starting an UAS operation, shall verify that the means to terminate the flight of the unmanned aircraft are operational and check if the direct remote identification is active and up-to-date; |
(2) |
during the flight:
|
ATTACHMENT A: REMOTE PILOT THEORETICAL KNOWLEDGE AND PRACTICAL SKILL EXAMINATION FOR STS-01
(1) Theoretical knowledge examination
(a) |
The examination referred in point (2)(b) of point UAS.STS-01.020 shall comprise at least 40 multiple-choice questions aimed at assessing the remote pilot’s knowledge of the technical and operational mitigations, distributed appropriately across the following subjects:
|
(b) |
If the student remote pilot already holds a certificate of remote pilot competency as referred to in point (2) of point UAS.OPEN.030, the examination shall comprise at least 30 multiple-choice questions distributed appropriately across the subjects in points (1)(a)(i) to (1)(a)(v). |
(c) |
To pass the theoretical knowledge examination, the remote pilot student shall achieve at least 75 % of the overall marks. |
(2) Practical skill training and assessment
The training and assessment of the practical skill for operations under any standard scenario shall cover at least the subjects and areas identified in Table 1:
Table 1
Subjects and areas to be covered for practical skill training and assessment
Subject |
Areas to be covered |
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CHAPTER II
STS-02 – BVLOS with Airspace Observers over a controlled ground area in a sparsely populated environment
UAS.STS-02.010 General provisions
(1) |
During flight, the unmanned aircraft shall be maintained within 120 m from the closest point of the surface of the earth. The measurement of distances shall be adapted according to the geographical characteristics of the terrain, such as plains, hills, mountains. |
(2) |
When flying an unmanned aircraft within a horizontal distance of 50 m from an artificial obstacle taller than 105 m, the maximum height of the UAS operation may be increased up to 15 m above the height of the obstacle at the request of the entity responsible for the obstacle. |
(3) |
The maximum height of the operational volume shall not exceed 30 m above the maximum height allowed in points (1) and (2). |
(4) |
During flight, the unmanned aircraft shall not carry dangerous goods. |
UAS.STS-02.020 UAS operations in STS-02
UAS operations in STS-02 shall be conducted:
(1) |
in accordance with the operations manual referred to in point (1) of point UAS.STS-02.030; |
(2) |
over a controlled ground area entirely located in a sparsely populated environment including:
|
(3) |
in an area where the minimum flight visibility is more than 5 km; |
(4) |
with the unmanned aircraft in sight of the remote pilot during the launch and recovery of the unmanned aircraft, unless the latter is the result of an emergency flight termination; |
(5) |
if no airspace observer is used in the operation, with the unmanned aircraft flying no further than 1 km from the remote pilot, with the unmanned aircraft following a pre-programmed trajectory when the unmanned aircraft is not in VLOS of the remote pilot; |
(6) |
if one or more airspace observers are used in the operation, it shall comply with all of the following conditions:
|
(7) |
by a remote pilot who holds:
|
(8) |
with an unmanned aircraft which complies with all of the following conditions:
|
(9) |
The remote pilot shall obtain the certificate of theoretical knowledge for operations in the standard scenarios after:
|
(10) |
This certificate shall be valid for five years. The revalidation, within its validity period is subject to any of the following:
|
(11) |
In order to revalidate the certificate upon its expiration, the remote pilot shall comply with point (9). |
UAS.STS-02.030 Responsibilities of the UAS operator
In addition to the responsibilities defined in UAS.SPEC.050, the UAS operator shall:
(1) |
develop an operations manual including the elements defined in Appendix 5; |
(2) |
define the operational volume and ground risk buffer for the intended operations, including the controlled ground area covering the projections on the surface of the earth of both the volume and the buffer; |
(3) |
ensure the adequacy of the contingency and emergency procedures through any of the following:
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(4) |
develop an effective emergency response plan (ERP) suitable for the operation that includes at least:
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(5) |
ensure that the level of performance for any externally provided service necessary for the safety of the flight is adequate for the intended operation; |
(6) |
define the allocation of the roles and responsibilities between the operator and the external service provider(s), if applicable; |
(7) |
upload updated information into the geo-awareness, if the function is installed on the UAS, when required by the UAS geographical zone for the intended location of the operation; |
(8) |
ensure that, before starting the operation, all appropriate measures to reduce the risk of intrusion of uninvolved persons in the controlled ground area compliant with the minimum distance defined in point UAS.STS-02.020(2) have been taken and, when required, coordination with the appropriate authorities has been conducted; |
(9) |
ensure that, before starting the operation, all persons present in the controlled ground area:
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(10) |
before starting the operation, if airspace observers are used:
|
(11) |
ensure that:
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UAS.STS-02.040 Responsibilities of the remote pilot
In addition to the responsibilities defined in UAS.SPEC.060, the remote pilot shall:
(1) |
before starting an UAS operation:
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(2) |
during flight:
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UAS.STS-02.050 Responsibilities of the airspace observer
An airspace observer shall:
(1) |
maintain a thorough airspace scan of the airspace surrounding the unmanned aircraft in order to identify any risk of a collision with any manned aircraft; |
(2) |
maintain awareness of the position of the unmanned aircraft through direct airspace observation or through assistance provided by electronic means; |
(3) |
alert the remote pilot when a hazard is detected and assist in avoiding or minimising the potential negative effects. |
ATTACHMENT A: REMOTE PILOT THEORETICAL KNOWLEDGE AND PRACTICAL SKILL FOR STS-02
1. Theoretical knowledge examination
The examination shall be defined in accordance with point 1 of Attachment A to Chapter I.
2. Practical skill training and assessment
In addition to the areas defined in point A.2 of Attachment A to Chapter I, the following areas shall be covered:
Table 1
Additional subjects and areas to be covered for practical skill training and assessment for STS-02
Subject |
Areas to be covered |
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Appendix 2
Operational declaration
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Operational declaration |
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Data protection: Personal data included in this declaration is processed by the competent authority pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). It will be processed for the purposes of the performance, management and follow up of the oversight activities according to Commission Implementing Regulation (EU) 2019/947. If you require further information concerning the processing of your personal data or you wish to exercise your rights (e.g. to access or rectify any inaccurate or incomplete data), please refer to the contact point of the competent authority. The applicant has the right to make a complaint regarding the processing of the personal data at any time to the national Data Protection Supervisory Authority. |
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UAS operator registration number |
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UAS operator name |
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UAS manufacturer |
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UAS model |
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UAS Serial number |
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I hereby declare that:
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Date |
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Signature or other verification |
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Appendix 3
Additional requirements for entities recognised by the competent authority and UAS operators that conduct practical skill training and assessment of remote pilots for operations covered by STS
An entity that intends to be recognised by the competent authority for conducting practical skill training and assessment of remote pilots for an STS, shall declare to the competent authority compliance with the following requirements using the declaration form in Appendix 6.
An UAS operator that intends to conduct practical skill training and assessment of remote pilots for an STS, in addition to submitting the operational declaration for that STS, shall declare to the competent authority compliance with the following requirements using the declaration form in Appendix 4.
If the competent authority or the UAS operator intends to conduct practical skill training and assessment of remote pilots for an STS in a Member State other than the Member State of registration, a copy of the declaration form in Appendix 4 shall be submitted to the competent authority of the Member State where the training is conducted.
If an entity recognised by the competent authority intends to conduct practical skill training and assessment of remote pilots for an STS in a Member State other than the Member State of recognition, a proof of the recognition shall be submitted to the competent authority of the Member State where the training is conducted.
(1)
The entity recognised by the competent authority or the UAS operator shall ensure a clear separation between the training activities and any other operational activity to guarantee the independence of the evaluation.
(2)
The entity recognised by the competent authority or the UAS operator shall have the capability to adequately perform the technical and administrative activities linked with the entire task process, including the adequacy of personnel and the use of facilities and equipment appropriate to the task.
(3)
The entity recognised by the competent authority or the UAS operator shall have an accountable manager, with the responsibility for ensuring that all tasks are performed in compliance with the information and procedures identified in point (8).
(4)
The personnel responsible for the practical skill training and practical skill assessment tasks shall:
(a) |
have the competence to conduct these tasks; |
(b) |
be impartial and shall not participate in assessments if they feel that their objectivity may be affected; |
(c) |
have a sound theoretical knowledge and practical skill training experience, and satisfactory knowledge of the requirements for the practical skill assessment tasks they carry out as well as adequate experience of such processes; |
(d) |
have the ability to administer the declarations, records and reports that demonstrate that the relevant practical skill assessments have been carried out and to draw the conclusions of those practical skill assessments; and |
(e) |
not disclose any information supplied by the operator or remote pilot to any person other than the competent authority upon their request. |
(5)
The training and assessment shall cover the practical skills corresponding to the STS for which the declaration is made, included in Attachment A to the relevant Chapter.
(6)
The practical skill training and assessment location(s) shall be conducted in an environment representative of the conditions of the STS.
(7)
The practical skill assessment shall consist of a continuous evaluation of the student remote pilot.
(8)
The entity recognised by the competent authority or the UAS operator shall produce an assessment report after completing the practical skill assessment, which shall:
(a) |
include at least:
|
(b) |
be appropriately signed and dated by the person responsible for the practical skill assessment once complete; and |
(c) |
be recorded and made available for inspection by the competent authority upon request. |
(9)
An accreditation of completion of the practical skill training for the STS shall be delivered to the student remote pilot by entity recognised by the competent authority or the UAS operator if the assessment report concludes that the student remote pilot has achieved a satisfactory level of practical skill.
(10)
The issuance of the accreditation of completion of point (9) shall be notified to the competent authority of the Member State where the practical skill training and assessment are conducted including the student remote pilot’s identification details, the STS covered, the date of issuance and the identification details of the entity recognised by the competent authority of a Member State or the UAS operator issuing it.
(11)
The entity recognised by the competent authority or the UAS operator shall include in the operations manual, developed in accordance with Appendix 5, a separate section covering the training elements, including the following:
(a) |
the nominated personnel conducting practical skill training and assessment, including:
|
(b) |
the procedures and processes used for practical skill training and assessment, including the training syllabus covering the practical skill corresponding to the STS for which the declaration is made, defined in Attachment A to the relevant Chapter; |
(c) |
a description of the UAS and any other equipment, tools and environment used for the practical skill training and assessment; and |
(d) |
a template for the assessment report. |
Appendix 4
Declaration of UAS operators that intend to provide practical skill training and assessment of remote pilots in STS-x
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STS-x |
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Declaration of UAS operators that intend to provide practical skill training and assessment of remote pilots |
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Data protection: Personal data included in this declaration is processed by the competent authority pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). It will be processed for the purposes of the performance, management and follow up of the oversight activities according to Commission Regulation (EU) 2019/947. If you require further information concerning the processing of your personal data or you wish to exercise your rights (e.g. to access or rectify any inaccurate or incomplete data), please refer to the contact point of the competent authority. The applicant has the right to make a complaint regarding the processing of the personal data at any time to the national Data Protection Supervisory Authority. |
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UAS operator registration number |
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UAS operator name |
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I hereby declare that:
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Date |
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Signature or other verification |
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Appendix 5
Operations manual for Standard Scenario
The operations manual for STS defined in Appendix 1 shall contain at least the following:
(1) |
a statement that the operations manual complies with the relevant requirements of this Regulation and with the declaration, and contains instructions that are to be complied with by the personnel involved in flight operations; |
(2) |
an approval signature by the accountable manager or the UAS operator in the case of a natural person; |
(3) |
an overall description of the UAS operator’s organisation; |
(4) |
a description of the concept of the operation, including at least:
|
(5) |
the maintenance instructions required to keep the UAS in a safe condition, covering the UAS manufacturer’s maintenance instructions and requirements, if applicable; |
(6) |
operational procedures, which shall be based on manufacturer’s instructions provided by the UAS manufacturer, and shall include:
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Appendix 6
Declaration of the entity intending to be recognised by the competent authority to provide practical skill training and assessment of remote pilots in STS-x
|
STS-x |
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Declaration of the entity intending to be recognised by the competent authority to provide practical skill training and assessment of remote pilots |
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Data protection: Personal data included in this declaration is processed by the competent authority pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). It will be processed for the purposes of the performance, management and follow up of the oversight activities according to Regulation (EU) 2019/947. If you require further information concerning the processing of your personal data or you wish to exercise your rights (e.g. to access or rectify any inaccurate or incomplete data), please refer to the contact point of the competent authority. The applicant has the right to make a complaint regarding the processing of the personal data at any time to the national Data Protection Supervisory Authority. |
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Identification of the entity |
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First and last name, telephone number and email address of the responsible person |
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I hereby declare that:
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Date |
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Signature or other verification |
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