Commission Implementing Regulation (EU) 2019/947Show full title

[F1 PART B U.K. UAS OPERATIONS IN THE ‘SPECIFIC’ CATEGORY

UAS.SPEC.010 General provisions U.K.

The UAS operator shall provide the [F2 CAA] with an operational risk assessment for the intended operation in accordance with Article 11 F3 ... unless the operator holds a light UAS operator certificate (LUC) with the appropriate privileges, in accordance with Part C of this Annex. The UAS operator shall regularly evaluate the adequacy of the mitigation measures taken and update them where necessary.

Textual Amendments

F2 Word in Annex Pt. B point UAS.SPEC.010 substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(2)(a)

F3 Words in Annex Pt. B point UAS.SPEC.010 omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(2)(b)

UAS.SPEC.020 Operational declaration U.K.

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

Textual Amendments

F4 Annex Pt. B point UAS.SPEC.020 omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(3)

UAS.SPEC.030 Application for an operational authorisation U.K.

(1)

[F5 Before starting an UAS operation in the ‘specific’ category the UAS operator shall obtain an operational authorisation from the CAA except where the UAS operator holds an LUC with the appropriate privileges, in accordance with Part C of this Annex.]

(2)

The UAS operator shall submit an application for an updated operational authorisation if there are any significant changes to the operation or to the mitigation measures listed in the operational authorisation.

(3)

The application for an operational authorisation shall be based on the risk assessment referred to in Article 11 and shall include in addition the following information:

(a)

the registration number of the UAS operator;

(b)

the name of the accountable manager or the name of the UAS operator in the case of a natural person;

(c)

the operational risk assessment;

(d)

the list of mitigation measures proposed by the UAS operator, with sufficient information for the [F6 CAA] to assess the adequacy of the mitigation means to address the risks;

(e)

an operations manual when required by the risk and complexity of the operation;

(f)

a confirmation that an appropriate insurance cover will be in place at the start of the UAS operations, if required by [F7 an enactment].

Textual Amendments

F5 Annex Pt. B point UAS.SPEC.030(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(4)(a)

F6 Word in Annex Pt. B point UAS.SPEC.030(3)(d) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(4)(b)

F7 Words in Annex Pt. B point UAS.SPEC.030(3)(f) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(4)(c)

UAS.SPEC.040 Issuing of an operational authorisation U.K.

(1)

When receiving an application in accordance with point UAS.SPEC.030, the [F8 CAA] shall issue, without undue delay, an operational authorisation in accordance with Article 12 when it concludes that the operation meets the following conditions:

(a)

all information in accordance with point (3) of point UAS.SPEC.030 is provided;

(b)

a procedure is in place for coordination with the relevant service provider for the airspace if the entire operation, or part of it, is to be conducted in controlled airspace.

(2)

The [F9 CAA] shall specify in the operational authorisation the exact scope of the authorisation in accordance with Article 12.

Textual Amendments

F8 Word in Annex Pt. B point UAS.SPEC.040(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(5)

F9 Word in Annex Pt. B point UAS.SPEC.040(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(5)

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 [F10 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 [F11 CAA];

(iv)

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F13 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 [F14 designated] in accordance with Article 15;

(f)

carry out each operation within the limitations, conditions, and mitigation measures F15 ... 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 F16 ... 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

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)

F15 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)

F16 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)

UAS.SPEC.060 Responsibilities of the remote pilot U.K.

(1)

The remote pilot shall:

(a)

not perform duties under the influence of psychoactive substances or alcohol or when it is unfit to perform its tasks due to injury, fatigue, medication, sickness or other causes;

(b)

have the appropriate remote pilot competency as defined in the operational authorisation F17 ... or as defined by the LUC and carry a proof of competency while operating the UAS.

(c)

be familiar with manufacturer’s instructions provided by the manufacturer of the UAS.

(2)

Before starting an UAS operation, the remote pilot shall comply with all of the following:

(a)

obtain updated information relevant to the intended operation about any geographical zones [F18 designated] in accordance with Article 15;

(b)

ensure that the operating environment is compatible with the authorised F19 ... limitations and conditions;

(c)

ensure that the UAS is in a safe condition to complete the intended flight safely, and if applicable, check if the direct remote identification is active and up-to-date;

(d)

ensure that the information about the operation has been made available to the relevant air traffic service (ATS) unit, other airspace users and relevant stakeholders, as required by the operational authorisation or by the conditions [F20 designated by the Secretary of State] for the geographical zone of operation in accordance with Article 15.

(3)

During the flight, the remote pilot shall:

(a)

comply with the authorised F21 ... limitations and conditions;

(b)

avoid any risk of collision with any manned aircraft and discontinue a flight when continuing it may pose a risk to other aircraft, people, animals, environment or property;

(c)

comply with the operational limitations in geographical zones [F22 designated] in accordance with Article 15;

(d)

comply with the operator’s procedures;

(e)

not fly close to or inside areas where an emergency response effort is ongoing unless they have permission to do so from the responsible emergency response services.

Textual Amendments

F17 Words in Annex Pt. B point UAS.SPEC.060(1)(b) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(7)(a)

F18 Word in Annex Pt. B point UAS.SPEC.060(2)(a) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(7)(b)(i)

F19 Words in Annex Pt. B point UAS.SPEC.060(2)(b) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(7)(b)(ii)

F20 Words in Annex Pt. B point UAS.SPEC.060(2)(d) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(7)(b)(iii)

F21 Words in Annex Pt. B point UAS.SPEC.060(3)(a) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(7)(c)(i)

F22 Word in Annex Pt. B point UAS.SPEC.060(3)(c) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(7)(c)(ii)

UAS.SPEC.070 Transferability of an operational authorisation U.K.

An operational authorisation is not transferable.

UAS.SPEC.080 Duration and validity of an operational authorisation U.K.

(1)

The [F23 CAA] shall specify the duration of the operational authorisation in the authorisation itself.

(2)

Notwithstanding point (1), the operational authorisation remains valid as long as the UAS operator remains compliant with the relevant requirements of this Regulation and with the conditions defined in the operational authorisation.

(3)

Upon revocation or surrender of the operational authorisation the UAS operator shall provide an acknowledgment in digital format that must be returned to the [F23 CAA] without delay.

Textual Amendments

F23 Word in Annex Pt. B point UAS.SPEC.080 substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(8)

UAS.SPEC.085 Duration and validity of an operational declaration U.K.

F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Annex Pt. B point UAS.SPEC.085 omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(9)

UAS.SPEC.090 Access U.K.

For the purpose of demonstrating compliance with this Regulation, an UAS operator shall grant to any person, that is duly authorised by the [F25 CAA], an access to any facility, UAS, document, records, data, procedures or to any other material relevant to its activity, which is subject to operational authorisation F26 ... , regardless of whether or not its activity is contracted or subcontracted to another organisation.

Textual Amendments

F25 Word in Annex Pt. B point UAS.SPEC.090 substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(10)(a)

F26 Words in Annex Pt. B point UAS.SPEC.090 omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(10)(b)

UAS.SPEC.100 Use of certified equipment and certified unmanned aircraft U.K.

(1)

If the UAS operation is using an unmanned aircraft for which a certificate of airworthiness or a restricted certificate of airworthiness have been issued, or using certified equipment, the UAS operator shall record the operation or service time in accordance either with the instructions and procedures applicable to the certified equipment, or with the organisational approval or authorisation.

(2)

The UAS operator shall follow the instructions referred to in the unmanned aircraft certificate or equipment certificate, and also comply with any airworthiness or operational directives issued by the [F27 CAA].]

Textual Amendments

F27 Word in Annex Pt. B point UAS.SPEC.100(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 82(11)

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).