Amendments to Delegated Regulation (EU) 2019/945
Article 2
Delegated Regulation (EU) 2019/945 is amended as follows: (1) Article 3 is amended as follows: (a) point (3) is replaced by the following: ‘(3) ‘unmanned aircraft system’ (‘UAS’) means an unmanned aircraft, as defined in Article 3 point (30) of Regulation (EU) 2018/1139 ( *2 ) , and its control and monitoring unit; ( *2 ) 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 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ( OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj )’;" (b) point (38) is replaced by the following: ‘(38) ‘control and monitoring unit’ (‘CMU’) means the equipment to control and monitor unmanned aircraft remotely, as defined in Article 3 point (32) of Regulation (EU) 2018/1139;’; (c) point (39) is replaced by the following: ‘(39) ‘C2 link’ means the data link between the unmanned aircraft and the CMU for the purposes of managing the flight;’; (2) Article 40 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. The design, production and maintenance of UAS that meets any of the following conditions shall be certified: (a) it has a characteristic dimension of 3 m or more, and is designed to be operated over assemblies of people unless the UA is lighter than air; (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 to third parties in case of an accident; (d) it is intended to be used in the ‘specific’ category of operations as defined in Article 5 of Implementing Regulation (EU) 2019/947 and the competent authority has concluded, in accordance with Article 12(1) of Regulation (EU) 2019/947, on the basis of the risk assessment conducted by UAS operator in accordance with Article 11 of that Regulation, that the risk of the operation cannot be adequately mitigated without the certification of the UAS.’ ; (b) the following paragraph 1a is inserted: ‘1a. Paragraph 1 does not apply to UAS that are specifically designed or modified for research, experimental or scientific purposes, and are likely to be produced in very limited numbers. The operation of such UAS will be subject to a permit to fly in accordance with Subpart B of Annex I of Regulation (EU) No 748/2012.’ ; (c) paragraph 2 is replaced by the following: ‘2. An UAS that meets the conditions specified in paragraph 1 shall comply with the applicable requirements laid down in Commission Regulation (EU) No 748/2012 ( *3 ) , Commission Regulation (EU) 2015/640 ( *4 ) and Commission Delegated Regulation (EU) 2024/1107 ( *5 ) . ( *3 ) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) ( OJ L 224, 21.8.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/748/oj )." ( *4 ) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 ( OJ L 106, 24.4.2015, p. 18 , ELI: http://data.europa.eu/eli/reg/2015/640/oj )." ( *5 ) Commission Delegated Regulation (EU) 2024/1107 of 13 March 2024 supplementing Regulation (EU) No 2018/1139 of the European Parliament and of the Council by laying down detailed rules for the continuing airworthiness of certified unmanned aircraft systems and their components, and on the approval of organisations and personnel involved in these tasks ( OJ L, 2024/1107, 17.5.2024, ELI: http://data.europa.eu/eli/reg_del/2024/1107/oj ).’ " ; (d) the following paragraph 2a is inserted: ‘2a. UAS certified for reasons other than those specified in paragraph 1 shall comply with the applicable requirements laid down in Regulation (EU) No 748/2012 and in Regulation (EU) 2015/640.’ ; (3) the Annex is amended in accordance with Annex II to this Regulation.