BAKGRUNN (fra kommisjonsforordningen)

(1) Article 56 of Regulation (EU) 2018/1139 on the compliance of unmanned aircraft, considering the nature of and risk entailed by unmanned aircraft operations, establishes that, depending on such risk and nature, a certificate may be required for the design, production and maintenance of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely. 

(2) In accordance with Article 56 of Regulation (EU) 2018/1139, Article 40 of Commission Delegated Regulation (EU) 2019/945 lays down the requirements for the certification of unmanned aircraft systems. 

(3) Point (b) of Article 58(1) of Regulation (EU) 2018/1139 provides that the conditions and procedures for issuing the certificate required under Article 55 of that Regulation may be based on, or consist of, the essential requirements for the design as set out in Annex IX of Regulation (EU) 2018/1139 and environmental performance requirements set out in Annex III of the same Regulation. 

(4) Regulation (EU) No 748/2012 laying down requirements for the design and production of civil aircraft, as well as of engines, propellers and parts to be installed therein, should be adapted to address the specificities of unmanned aircraft systems. 

(5) Such specificities include the equipment to control unmanned aircraft remotely, as defined by Article 3 of Regulation (EU) 2018/1139. That equipment is defined as ‘control and monitoring unit’ by Commission Regulation (EU) No [OP please complete with the adoption number]. 

(6) The safe operations of unmanned aircraft that are subject to certification requires the control and monitoring unit to be subject to the same procedures under which certificates are issued for unmanned aircraft, determining that the same certification process applies to unmanned aircraft systems since they are composed of the unmanned aircraft and its control and monitoring unit. 

(7) Lighter-than-air unmanned aircraft systems pose an intrinsic risk to third parties, albeit lower than other unmanned aircraft configurations, and therefore may be operated without the need to issue a certificate for the design. 

(8) The verification of the design of unmanned aircraft systems specifically designed or modified for research, experimental or scientific purposes may be conducted without the need to issue a type certificate because they are typically operated in lower risk environment. 

(9) The continuing airworthiness of unmanned aircraft systems for which a type certificate is required should comply with Commission Regulation No [OP please complete with the adoption number], while compliance is not required for those unmanned aircraft systems that are intended to be used in operations for which a type certificate is not mandated in accordance with point (d) of Article 40(1) of Regulation (EU) 2019/945, even if the manufacturer has elected to apply for it. 

(10) In order to provide stakeholders with sufficient time to ensure compliance with the new framework for the initial airworthiness of certified unmanned aircraft systems (UAS), this Regulation shall apply from 1 May 2025,