Commission Implementing Regulation (EU) 2019/947Dangos y teitl llawn

[F1 UAS.SPEC.050 Responsibilities of the UAS operator U.K.

(1)

The UAS operator shall comply with all of the following:

(a)

establish procedures and limitations adapted to the type of the intended operation and the risk involved, including:

(i)

operational procedures to ensure the safety of the operations;

(ii)

procedures to ensure that security requirements applicable to the area of operations are complied with in the intended operation;

(iii)

measures to protect against unlawful interference and unauthorised access;

(iv)

procedures to ensure that all operations are in respect of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In particular it shall carry out a data protection impact assessment, when required by the [F2 Information Commissioner’s Office] in application of Article 35 of Regulation (EU) 2016/679;

(v)

guidelines for its remote pilots to plan UAS operations in a manner that minimises nuisances, including noise and other emissions-related nuisances, to people and animals.

(b)

designate a remote pilot for each flight or, in the case of autonomous operations, ensure that during all phases of the flight, responsibilities and tasks especially those defined in points (2) and (3) of point UAS.SPEC.060 are properly allocated in accordance with the procedures established pursuant to point (a);

(c)

ensure that all operations effectively use and support the efficient use of radio spectrum in order to avoid harmful interference;

(d)

ensure that before conducting operations, remote pilots comply with all of the following conditions:

(i)

have the competency to perform their tasks in line with the applicable training identified by the operational authorisation or, if point UAS.SPEC.020 applies, by the conditions and limitations defined in the appropriate standard scenario listed in Appendix 1 or as defined by the LUC;

(ii)

follow remote pilot training which shall be competency based and include the competencies set out in paragraph 2 of Article 8:

(iii)

follow remote pilot training, as defined in the operational authorisation, for operations requiring such authorisation, it shall be conducted in cooperation with an entity designated by the [F3 CAA];

(iv)

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)

have been informed about the UAS operator’s operations manual, if required by the risk assessment and procedures established in accordance with point (a);

(vi)

obtain updated information relevant to the intended operation about any geographical zones [F5 designated] in accordance with Article 15;

(e)

ensure that personnel in charge of duties essential to the UAS operation, other than the remote pilot itself, comply with all of the following conditions:

(i)

have completed the on-the-job-training developed by the operator;

(ii)

have been informed about the UAS operator’s operations manual, if required by the risk assessment, and about the procedures established in accordance with point (a);

(iii)

have obtained updated information relevant to the intended operation about any geographical zones [F6 designated] in accordance with Article 15;

(f)

carry out each operation within the limitations, conditions, and mitigation measures F7 ... specified in the operational authorisation;

(g)

keep and maintain an up-to-date record of:

(i)

all the relevant qualifications and training courses completed by the remote pilot and the other personnel in charge of duties essential to the UAS operation and by the maintenance staff, for at least 3 years after those persons have ceased employment with the organisation or have changed their position in the organisation;

(ii)

the maintenance activities conducted on the UAS for a minimum of 3 years;

(iii)

the information on UAS operations, including any unusual technical or operational occurrences and other data as required F8 ... by the operational authorisation for a minimum of 3 years;

(h)

use UAS which, as a minimum, are designed in such a manner that a possible failure will not lead the UAS to fly outside the operation volume or to cause a fatality. In addition, Man Machine interfaces shall be such to minimise the risk of pilot error and shall not cause unreasonable fatigue;

(i)

maintain the UAS in a suitable condition for safe operation by:

(i)

as a minimum, defining maintenance instructions and employing an adequately trained and qualified maintenance staff; and

(ii)

complying with point UAS.SPEC.100, if required;

(iii)

using an unmanned aircraft which is designed to minimise noise and other emissions, taking into account the type of the intended operations and geographical areas where the aircraft noise and other emissions are of concern.

(j)

establish and keep an up-to-date list of the designated remote pilots for each flight;

(k)

establish and keep an up-to-date list of the maintenance staff employed by the operator to carry out maintenance activities; and

(l)

ensure that each individual unmanned aircraft is installed with:

(i)

at least one green flashing light for the purpose of visibility of the unmanned aircraft at night, and

(ii)

an active and up-to-date remote identification system. ]

Textual Amendments

F2 Words in Annex Pt. B point UAS.SPEC.050(1)(a)(iv) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(a)

F3 Word in Annex Pt. B point UAS.SPEC.050(1)(d)(iii) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(b)

F4 Annex Pt. B point UAS.SPEC.050(1)(d)(iv) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(c)

F5 Word in Annex Pt. B point UAS.SPEC.050(1)(d)(vi) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(d)

F6 Word in Annex Pt. B point UAS.SPEC.050(1)(e)(iii) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(d)

F7 Words in Annex Pt. B point UAS.SPEC.050(1)(f) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(e)

F8 Words in Annex Pt. B point UAS.SPEC.050(1)(g)(iii) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(6)(f)

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2020/639 of 12 May 2020 amending Implementing Regulation (EU) 2019/947 as regards standard scenarios for operations executed in or beyond the visual line of sight (Text with EEA relevance).