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Commission Delegated Regulation (EU) 2019/945 CHAPTER III — UAS operated in the ‘certified’ and ‘specific’ categories

Article 40 · 1 article

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Requirements for UAS operated in the ‘certified’ and ‘specific’ categories

Article 40

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1.   The design, production and maintenance of UAS shall be certified if the UAS meets any of the following conditions: (a) it has a characteristic dimension of 3 m or more, and is designed to be operated over assemblies of people; (b) it is designed for transporting people; (c) 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; (d) it is used in the ‘specific’ category of operations defined in Article 5 of Implementing Regulation (EU) 2019/947 and the operational authorisation 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. 2.   A UAS subject to certification shall comply with the applicable requirements set out in Commission Regulations (EU) No 748/2012  ( 15 ) , (EU) 2015/640  ( 16 ) and (EU) No 1321/2014  ( 17 ) . 3.   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 in the standard scenario defined in Appendix 1 to the Annex of Implementing Regulation (EU) 2019/947 or as defined by the Light UAS Operator Certificate (LUC) pursuant to Part C of the Annex of Implementing Regulation (EU) 2019/947.

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