BAKGRUNN (fra kommisjonsforordningen)

(1) An unmanned aircraft system (UAS) includes the control and monitoring unit (CMU) and its components which should be addressed by the safety information analysis system implemented by the European Union Aviation Safety Agency (‘the Agency’) in order for the relevant authority of the Member States and the Commission to be provided with information, including recommendations or corrective actions to be taken, to react to a safety problem and to an information security incident or vulnerability with a potential impact on aviation safety.

(2) For the purposes of granting the required operational authorisation in accordance Article 12 of Commission Implementing Regulation (EU) 2019/947 (2), the competent authority should consider the terms and conditions laid down in the flight conditions established and approved in accordance with Commission Regulation (EU) No 748/2012 (3) where an unmanned aircraft (UA) which design is certified, does not meet, or has not been shown to meet, the applicable airworthiness requirements.

(3) In order to ensure a uniform implementation of the airworthiness requirements for the operations of an UAS, and compliance with such requirements, where the risk of operation with an UAS in the ‘specific’ category, as set out in Article 5 of Implementing Regulation (EU) 2019/947, can only be mitigated by using an UAS that has been issued with a type certificate or a restricted type certificate for the design, then a certificate of airworthiness or restricted certificate of airworthiness for the UA should be required. In addition, a noise certificate should also be required in cases where environmental protection requirements were established by the Agency.

(4) For the purposes of exchanging safety information in accordance with Article 19 of Implementing Regulation (EU) 2019/947, the UAS operator of an UA which design is certified should report to the design approval holder of the UAS or of the component any safety-related event or condition of the UAS or of the component identified by the organisation in accordance with Regulation (EU) No 376/2014 of the European Parliament and of the Council (4).

(5) In order to contribute towards the improvement of safety, the UAS operator of an UA which design is certified or that uses a certified UAS component should implement any safety measures mandated by the competent authority or relevant mandatory safety information issued by the Agency, including airworthiness directives in accordance with the UAS continuing airworthiness requirements set out in Commission Delegated Regulation (EU) 2024/1107 (5).

(6) Therefore, Regulation (EU) No 748/2012 and Implementing Regulation (EU) 2019/947 should be amended accordingly.

(7) In order to provide stakeholders with sufficient time to ensure compliance with the new framework for the initial airworthiness of certified UAS, this Regulation should apply from 1 May 2025.

(8) The Agency prepared draft implementing rules and submitted them with Opinion No 03/2023 (6) pursuant to Article 75(2), points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139.

(9) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127(1) of Regulation (EU) 2018/1139,