Amendments to Implementing Regulation (EU) 2019/947
Article 2
Implementing Regulation (EU) 2019/947 is amended as follows: (1) the title is replaced by the following: ‘ Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft systems ’; (2) Article 2 is amended as follows: (i) the first paragraph is deleted; (ii) in the second paragraph, the introductory wording is replaced by the following: ‘For the purposes of this Regulation, the following definitions shall apply:’; (iii) point (1) is replaced by the following: ‘(1) “unmanned aircraft system (UAS)” means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit;’; (iv) points (26) and (27) are replaced by the following: ‘(26) “control and monitoring unit (CMU)” means the equipment to control and monitor unmanned aircraft remotely as defined in point (32) of Article 3 of Regulation (EU) 2018/1139; (27) “C2 link” means the data link between the UA and the CMU for the purpose of managing the flight;’; (v) the following new point (35) is added: ‘(35) “UAS component” means any engine, propeller or part of the UA, or any element of the control and monitoring unit (CMU);’; (3) in Article 7, a new paragraph 2a is inserted as follows: ‘2a. The operator of a UAS that meets the conditions specified in point 1(d) of Article 40 of Delegated Regulation (EU) 2019/945 shall obtain the following certificates: (i) a certificate of airworthiness or a restricted certificate of airworthiness issued in accordance with Subpart H of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 ( *1 ) ; (ii) a noise certificate issued in accordance with Subpart I of Annex I (Part 21) to Commission Regulation (EU) No 748/2012 when the UA is subject to the environmental protection requirements laid down in point 21.B.85 of Regulation (EU) No 748/2012. ( *1 ) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification 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) Article 12 is amended as follows: (i) paragraph 2 is replaced by the following: ‘2. The competent authority shall grant an operational authorisation when: (a) the evaluation performed pursuant to paragraph 1 concludes that: (i) the operational safety objectives take account of the risks of the operation; (ii) the combination of mitigation measures concerning the operational conditions to perform the operation, the competence of the personnel involved and the technical features of the unmanned aircraft, are adequate and sufficiently robust to keep the operation safe in view of the identified ground and air risks; (b) for UAS that are or will be certified pursuant to Article 40, point 1(d) of Delegated Regulation (EU) 2019/945, the UAS have: (i) a valid certificate of airworthiness or a restricted certificate of airworthiness and, if the UA is subject to the environmental protection requirements laid down in point 21.B.85 of Regulation (EU) No 748/2012, a valid noise certificate; or (ii) if the UA does not meet, or has not been shown to meet, the applicable airworthiness requirements, flight conditions approved according to Subpart P of Annex I (Part 21) to Regulation (EU) No 748/2012; (c) the UAS operator has provided to the competent authority a statement confirming that the intended operation complies with any applicable Union and national rules relating to it, in particular with regard to privacy, data protection, liability, insurance, security and environmental protection.’ ; (ii) in paragraph 4, point (c), the following points (vii) and (viii) are added: ‘(vii) the certificate of airworthiness or restricted certificate of airworthiness and noise certificate, where such certificates have been issued; (viii) the flight conditions approved in accordance with Regulation (EU) No 748/2012 where the UAS meets the conditions set out in Article 40, point 1(d) of Delegated Regulation (EU) 2019/945 and the UA does not meet, or has not been shown to meet, the applicable airworthiness requirements.’; (5) in Article 19, the following paragraph 6 is added: ‘6. Notwithstanding Regulation (EU) No 376/2014, the UAS operator of an unmanned aircraft which design is certified shall report to the design approval holder of the UAS or of the UAS component any safety-related event or condition of the UAS or the UAS component identified by the organisation. In particular, the UAS operator shall report any accident or serious incident involving the UAS or the UAS component, which endangers or, if not duly corrected or addressed, could endanger the safety of the UAS or of any natural or legal person.’ ; (6) the Annex is amended in accordance with Annex II to this Regulation.