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Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (Text with EEA relevance)
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1.Where one of the requirements laid down in Article 4 or in Part A of the Annex is not met, a UAS operator shall be required to obtain an operational authorisation pursuant to Article 12 from the [F1CAA].
2.When applying to [F2the CAA] for an operational authorisation pursuant Article 12, the operator shall perform a risk assessment in accordance with Article 11 and submit it together with the application, including adequate mitigating measures.
3.In accordance with point UAS.SPEC.040 laid down in Part B of the Annex, the [F3CAA] shall issue an operational authorisation, if it considers that the operational risks are adequately mitigated in accordance with Article 12.
4.The [F4CAA] shall specify whether the operational authorisation concerns:
(a)the approval of a single operation or a number of operations specified in time or location(s) or both. The operational authorisation shall include the associated precise list of mitigating measures;
(b)the approval of an LUC, in accordance with part C of the Annex.
[F55 . Where the UAS operator submits a declaration to the competent authority of the Member State of registration in accordance with point UAS.SPEC.020 laid down in Part B of the Annex for an operation complying with a standard scenario set out in Appendix 1 to that Annex, the UAS operator shall not be required to obtain an operational authorisation in accordance with paragraphs 1 to 4 of this Article and the procedure laid down in paragraph 5 of Article 12 shall apply. The UAS operator shall use the declaration referred to in Appendix 2 to that Annex.]
6.An operational authorisation F6... shall not be required for:
(a)UAS operators holding an LUC with appropriate privileges in accordance with point UAS.LUC.060 of the Annex;
(b)operations conducted in the framework of model aircraft clubs and associations that have received an authorisation in accordance with Article 16.
Textual Amendments
F1Word in Art. 5(1) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 61(2)
F2Words in Art, 5(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 61(3)
F3Word in Art. 5(3) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 61(4)
F4Word in Art. 5(4) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 61(4)
F5Substituted 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).
F6Words in Art. 5(6) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 61(5)
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