Search Legislation

Advanced Search

Commission Delegated Regulation (EU) 2019/945Show full title

Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems

Help about what version

What Version

Help about advanced features

Advanced Features

More Resources

Revised version PDFs

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Changes to legislation:

There are currently no known outstanding effects by UK legislation for Commission Delegated Regulation (EU) 2019/945, CHAPTER II. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CHAPTER IIU.K.F1 [F2UAS intended to be operated in the ‘ open ’ category ..., accessories kits bearing a class identification label and remote identification add-ons]

SECTION 1U.K.Product requirements

Article 4U.K.Requirements

[F21.The products referred to in paragraph 1 of Article 2 shall meet the requirements set out in Parts 1 to 6, 16 and 17 of the Annex.]

2.UAS F3... shall comply with the relevant health and safety requirements set out in [F4the Supply of Machinery (Safety) Regulations 2008] only in relation to risks other than those linked to the safety of the UA flight.

3.Any updates of software of the products that have already been made available on the market may be made only if such updates do not affect the compliance of the product.

Textual Amendments

Article 5U.K.Making available on the market F5...

1.Products shall only be made available on the market if they satisfy the requirements of this Chapter and do not endanger the health or safety of persons, animals or property.

F62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SECTION 2U.K.Obligations of economic operators

Article 6U.K.Obligations of manufacturers

[F21.When placing their product on the F8... market, manufacturers shall ensure that it has been designed and manufactured in compliance with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex.]

[F22.Manufacturers shall draw up the technical documentation provided for in Article 17 and carry out the relevant conformity assessment procedure referred to in Article 13 or have it outsourced.

Where compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated by that conformity assessment procedure, manufacturers shall draw up [F9a declaration] of conformity and affix the [F10UK marking].]

3.Manufacturers shall keep the technical documentation and the F11... declaration of conformity for 10 years after the product has been placed on the market.

4.Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Chapter. Changes in product design, characteristics or software, and changes in the harmonised standards or in technical specifications by reference to which conformity of a product is declared shall be adequately taken into account.

When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of marketed products, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls and shall keep distributors informed of any such monitoring.

[F25.Manufacturers of UAS shall ensure that the UA bears a type F12... and a unique serial number allowing for its identification, and if applicable, compliant with the requirements defined in the corresponding Parts [F131 to 5], 16 and 17 of the Annex. Manufacturers of class [F14UK5] accessories kits shall ensure that the kits bears a type and a unique serial number allowing for their identification. Manufacturers of remote identification add-ons shall ensure that the remote identification add-on bears a type and a unique serial number allowing for their identification and compliant with the requirements defined in Part 6 of the Annex. In all cases, manufacturers shall ensure that a unique serial number is also affixed to the F15... declaration of conformity or to the simplified F15... declaration of conformity referred to in Article 14.]

6.Manufacturers shall indicate on the product their name, registered trade name or registered trademark, website address and the postal address at which they can be contacted or, where that is not possible, on its packaging, or in a document accompanying it. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be indicated [F16English].

[F27. Manufacturers shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in [F17English]. Such manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.]

8.Manufacturers shall ensure that each product is accompanied by a copy of the F18... declaration of conformity or by a simplified F18... declaration of conformity. Where a simplified F18... declaration of conformity is provided, it shall contain the exact internet address where the full text of the F18... declaration of conformity can be obtained.

9.Manufacturers who consider or have reason to believe that products which they have placed on the market are not in conformity with this Chapter shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Where the product presents a risk, manufacturers shall immediately inform the [F19market surveillance authorities]F20... to that effect, giving details, in particular, of the non-compliance, of any corrective measures taken and of the results thereof.

10.Manufacturers shall, further to a reasoned request from [F21a market surveillance authority], provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product with this Chapter, in [F22English]. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have placed on the market.

[F2311.When placing on the market a class [F24UK5] or [F25UK6] UAS or a class [F24UK5] add-on, manufacturers shall inform the market surveillance authority F26....]

[F2712.Where a manufacturer places a product of a particular type on the market for the first time, the manufacturer must give a market surveillance authority a notice consisting of—

(a)a statement that the manufacturer has placed a product of this type on the market for the first time,

(b)the name of the manufacturer of the product,

(c)the unique code assigned by the manufacturer to this type, and

(d)if the manufacturer assigns, to products of this type, serial numbers which indicate the product type or other features of the product, an explanation of how the serial numbers indicate the product type or other features of the product.]

Textual Amendments

Article 7U.K.Authorised representatives

1.A manufacturer may, by a written mandate, appoint an authorised representative.

The obligations laid down in paragraph 1 of Article 6 and the obligation to draw up the technical documentation referred to in paragraph 2 of Article 6 shall not form part of the authorised representative's mandate.

2.An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:

(a)keep the F28... declaration of conformity and the technical documentation at the disposal of F29... market surveillance authorities for 10 years after the product has been placed on the F30... market;

(b)further to a reasoned request from a market surveillance or border control authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the product;

(c)cooperate with the market surveillance or border control authorities, at their request, on any action taken to eliminate the non-conformity of the products covered by the authorised representative's mandate or the safety risks posed by it.

Textual Amendments

Article 8U.K.Obligations of importers

1.Importers shall only place products compliant with the requirements set out in this Chapter on the F31... market.

2.Before placing a product on the F32... market, importers shall ensure that:

(a)the appropriate conformity assessment procedure referred to in Article 13 has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation referred to in Article 17;

(c)the product bears the [F33UK marking] and, when required, the UA class identification label and the indication of the sound power level;

(d)the product is accompanied by the documents referred to in paragraph 7 and 8 of Article 6;

(e)the manufacturer has complied with the requirements set out in paragraphs 5 and 6 of Article 6.

[F2Where an importer considers or has reasons to believe that a product is not in conformity with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex, they shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk for the health and safety of consumers and third parties, the importer shall inform the manufacturer and the [F34market surveillance authorities] to that effect.]

3.Importers shall indicate on the product their name, registered trade name or registered trademark, website and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the product. The contact details shall be in [F35English].

[F24.Importers shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in [F36English]. That manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.]

5.Importers shall ensure that, while the product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4.

6.When deemed appropriate with regard to the risks presented by a product, importers shall, in order to protect the health and safety of end-users and third parties, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming of products and product recalls, and shall keep distributors informed of any such monitoring.

7.Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with [F37this Regulation or any other relevant enactment] shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, importers shall immediately inform the market surveillance authorities F38... to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

8.Importers shall, for 10 years after the product has been placed on the market, keep a copy of the F39... declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.

9.Importers shall, further to a reasoned request from [F40a market surveillance authority], provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product in [F41English]. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have placed on the market.

[F2310 When placing on the market a class [F42UK5] or [F43UK6] UAS or a class [F42UK5] add-on, importers shall inform the [F44market surveillance authorities]F45....]

Textual Amendments

Article 9U.K.Obligations of distributors

1.When making a product available on the F46... market, distributors shall act with due care in relation to the requirements set out in this Chapter.

[F22 .Before making a product available on the market, distributors shall verify that the product bears the [F47UK marking] and, when applicable, the UA class identification label and the indication of the sound power level, is accompanied by the documents referred to in paragraphs 7 and 8 of Article 6 and that the manufacturer and the importer have complied with the requirements set out in paragraphs 5 and 6 of Article 6 and in paragraph 3 of Article 8.

Distributors shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in [F48English]. Those manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.]

Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer to that effect, as well as the F49... market surveillance authorities.

3.Distributors shall ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4.

4.Distributors who consider or have reasons to believe that a product which they have made available on the market is not in conformity with [F50this Regulation or any other relevant enactment] shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the market surveillance authorities F51... to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

5.Distributors shall, further to a reasoned request from [F52a market surveillance authority], provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have made available on the market.

Textual Amendments

Article 10U.K.Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Chapter and shall be subject to the obligations of manufacturers pursuant to Article 6, where they place a product on the market under their name or trademark or modify the product already placed on the market in such a way that compliance with this Chapter may be affected.

Article 11U.K.Identification of economic operators

1.Economic operators shall, on request, identify the following to the market surveillance authorities:

(a)any economic operator who has supplied them with a product;

(b)any economic operator to whom they have supplied a product.

2.Economic operators shall be able to present the information referred to in paragraph 1:

(a)for 10 years after they have been supplied with the product;

(b)for 10 years after they have supplied the product.

SECTION 3U.K.Conformity of the product

[F2Article 12U.K.Presumption of conformity

A product which is in conformity with [F53the designated standards], shall be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Parts 1 to 6, 16 and 17 of the Annex.]

Textual Amendments

Article 13U.K.Conformity assessment procedures

[F21 .The manufacturer shall perform a conformity assessment of the product using one of the following procedures with a view to establishing its compliance with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex. The conformity assessment shall take into account all intended and foreseeable operating conditions.]

2.The procedures available to conduct the conformity assessment shall be the following:

[F2(a)internal production control as set out in Part 7 of the Annex, when]

[F54(i)]assessing the compliance of a product with the requirements set out in Parts 1, 5, 6, 16 or 17 of the Annex, subject to the condition that the manufacturer has applied [F55the designated standards], for all the requirements for which such standards exist [F56, or

(ii)the conditions in paragraph 3 are satisfied;]

(b)[F57type] examination followed by conformity to type based on internal production control as set out in Part 8 of the Annex;

(c)conformity based on full quality assurance as set out in Part 9 of the [F58Annex.]

[F593.The conditions in this paragraph are—

(a)that the conformity assessment is conducted before 1st January 2028,

(b)that the assessment is of the compliance of a product with the requirements set out in Parts 2, 3 or 4 of the Annex, and

(c)that the product is covered by a type examination under Part 8 of the Annex to Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems as it has effect in EU Law.]

Textual Amendments

F54Art. 13(2)(a)(i): words renumbered as Art. 13(2)(a)(i) (1.1.2026) by The Unmanned Aircraft (Amendment) Regulations 2025 (S.I. 2025/1106), regs. 1(2), 6(3)(a)(i)

Article 14U.K.F60... Declaration of conformity

[F21. The F61... declaration of conformity referred to in paragraph 8 of Article 6 shall state that compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex has been demonstrated and, for UAS, identify its class.]

2.The F62... declaration of conformity shall have the model structure set out in Part 11 of the Annex, shall contain the elements set out in that Part and shall be continuously updated. F63...

3.The simplified F64... declaration of conformity referred to in paragraph 8 of Article 6 shall contain the elements set out in Part 12 of the Annex and shall be continuously updated. F65... The full text of the F64... declaration of conformity shall be available at the internet address referred to in the simplified F64... declaration of conformity F66....

[F674.Where a product is subject to more than one enactment requiring a declaration of conformity, a single declaration of conformity shall be drawn up in respect of all such enactments. That declaration shall contain the enactments concerned.]

5.By drawing up the F68... declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product with the requirements laid down in this Chapter.

Textual Amendments

[F69Article 15U.K.Requirements of the UK Marking

The UK marking is subject to the requirements set out in Article 30 of, and Annex 2 to, Regulation (EC) 765/2008.]

Textual Amendments

Article 16U.K.Rules and conditions for affixing the [F70UK marking], the identification number of the [F71approved] body, the UAS class identification label and the indication of the sound power level

1.The [F72UK marking] shall be affixed visibly, legibly and indelibly to the product or to the data plate attached to it. Where that is not possible or not warranted on account of the size of the product, it shall be affixed to the packaging.

[F22.The UA class identification label shall be affixed visibly, legibly and indelibly to the UA or, when relevant, to each accessories of a class [F73UK5] accessories kit, and its packaging and shall be at least 5 mm high. The affixing to a product of markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the class identification label shall be prohibited.]

3.The indication of the sound power level provided for in Part 14 of the Annex shall be affixed, when applicable, visibly, legibly and indelibly on the UA, unless that is not possible or not warranted on account of the size of the product, and on the packaging.

4.The [F74UK marking] and, when applicable, the indication of the sound power level and the UA class identification label shall be affixed before the product is placed on the market.

5.The [F75UK marking] shall be followed by the identification number of the [F76approved] body where the conformity assessment procedure set out in Part 9 of the Annex is applied.

The identification number of the [F76approved] body shall be affixed by the [F76approved] body Itself or, under its instructions, by the manufacturer or his authorised representative.

F776.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 17U.K.Technical documentation

[F21.The technical documentation shall contain all relevant data and details of the means used by the manufacturer to ensure that the product complies with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex. It shall, at least, contain the elements set out in Part 10 of the Annex.]

2.The technical documentation shall be drawn up before the product is placed on the market and shall be continuously updated.

3.The technical documentation and correspondence relating to any [F78type] examination procedure or the assessment of the quality system of the manufacturer shall be drawn up in [F79English].

[F24. Where the technical documentation does not comply with paragraphs 1, 2 or 3 of this Article, the market surveillance authority may ask the manufacturer or the importer to have a test performed by a body acceptable to the market surveillance authority at the expense of the manufacturer or the importer within a specified period in order to verify compliance of the product with the requirements set out in Parts 1 to 6, 16 and 17 of the Annex which applies to it.]

Textual Amendments

SECTION 4U.K. [F80Approval] of conformity assessment bodies

[F81Article 18U.K.Approval

(1)[F82A market surveillance] may approve bodies to carry out third-party conformity assessment tasks under this Regulation.

(2)[F83A market surveillance authority] may not approve a body to carry out third-party conformity assessment tasks under paragraph 1 unless satisfied the body meets the criteria specified in Article 22.

(3)Where a body demonstrates its conformity with applicable designated standards or parts thereof, it shall be presumed to meet the requirements set out in Article 22 insofar as the applicable designated standards cover those requirements.

(4)The Secretary of State must—

(a)assign an approved body identification number to each approved body;

(b)compile and maintain a register of approved bodies containing in relation to each body—

(i)the approved body identification number,

(ii)details of the activities for which the body is approved, and

(iii)any restrictions on the activities for which the body is approved.

(5)The register referred to in [F84paragraph 4] must be made publicly available.]

Textual Amendments

F85Article 19U.K.Notifying authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86Article 20U.K.Requirements relating to notifying authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Article 21U.K.Information obligation on notifying authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 22U.K.Requirements relating to [F88approved] bodies

1.For the purposes of [F89approval], a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 11.

[F902.A conformity assessment body shall have legal personality and shall be established in—

(athe United Kingdom; or

(bthe territory of a party to the CPTPP.]

[F912A.In paragraph (2) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.]

3.A conformity assessment body shall be a third-party body independent of the organisation it assesses.

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of the product which it assesses may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.

4.A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the product which they assess, nor the representative of any of those parties. This shall not preclude the use of the assessed product that is necessary for the operations of the conformity assessment body or the use of such product for personal purposes.

A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of that product, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall, in particular, apply to consultancy services.

Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

5.Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.

6.A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it by Part 8 or 9 of the Annex in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

At all times and for each conformity assessment procedure and each kind or category of product in relation to which it has been notified, a conformity assessment body shall have at its disposal the necessary:

(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;

(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures; it shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;

(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product in question and the mass or serial nature of the production process.

A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.

7.The personnel responsible for carrying out conformity assessment tasks shall have the following:

(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

(b)satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;

(c)appropriate knowledge and understanding of the requirements, of the applicable [F92designated standards and of the relevant provisions of applicable enactments];

(d)the ability to draw up [F93type] examination certificates or quality system approvals, records and reports demonstrating that assessments have been carried out.

8.The impartiality of the conformity assessment bodies, their top-level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed.

The remuneration of the top-level management and of the personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.

9.Conformity assessment bodies shall take out liability insurance F94....

10.The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Parts 8 and 9 of the Annex F95... except in relation to [F96the Secretary of State or the market surveillance authorities]. Proprietary rights shall be protected.

11.Conformity assessment bodies shall participate in, or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of, the relevant [F97standardisation activities and the regulatory activities] in the area of UAS and frequency planningF98....

Textual Amendments

F99Article 23U.K.Presumption of conformity of notified bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 24U.K.Subsidiaries of and subcontracting by [F100approved] bodies

1.Where [F101an approved] body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 22 and shall inform [F102a market surveillance authority] accordingly.

2.[F103Approved] bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries, wherever these are established.

3.Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.

4.[F104Approved] bodies shall keep at the disposal of [F102a market surveillance authority] the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under Parts 8 and 9 of the Annex.

Textual Amendments

Article 25U.K.Application for [F105approval]

1.A conformity assessment body shall submit an application for [F106approval] to [F107a market surveillance authority].

2.The application for [F108approval] shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules, and the product for which that body claims to be competent, as well as by an accreditation certificate issued by [F109the United Kingdom Accreditation Service] attesting that the conformity assessment body fulfils the requirements laid down in Article 22.

Textual Amendments

F110Article 26U.K.Notification procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111Article 27U.K.Identification numbers and lists of notified bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 28U.K.Changes to [F112approvals]

1.Where [F113a market surveillance authority] has ascertained or has been informed that [F114an approved] body no longer meets the requirements laid down in Article 22, or that it fails to fulfil its obligations, the [F115market surveillance authority] shall restrict, suspend or withdraw the [F116approval] as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. F117...

2.In the event of restriction, suspension or withdrawal of the [F118approval], or where the [F119approved] body has ceased its activity, [F120a market surveillance authority] shall take appropriate steps to ensure that the files of that body are either processed by another [F119approved] body or kept available. F121...

Textual Amendments

F122Article 29U.K.Challenge of the competence of notified bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 30U.K.Operational obligations of [F123approved] bodies

1.[F124Approved] bodies shall carry out conformity assessments in accordance with the conformity assessment procedures provided in Parts 8 and 9 of the Annex.

2.Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators. Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product in question, and the mass or serial nature of the production process.

In doing so, they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the UA or UAS with this Chapter.

[F23.Where [F125an approved] body finds that the requirements set out in Parts 1 to 6, 16 and 17 of the Annex or in corresponding [F126designated] standards or other technical specifications have not been met by a manufacturer, it shall require the manufacturer to take appropriate corrective measures and shall not issue [F127a type] examination certificate or a quality system approval.]

4.Where, in the course of the monitoring of conformity following the [F128issue of a type] examination certificate or a quality system approval, [F129an approved] body finds that a product no longer complies, it shall require the manufacturer to take appropriate corrective measures and shall suspend or [F130withdraw the type] examination certificate or the quality system approval if necessary.

5.Where corrective measures are not taken or do not have the required effect, the [F131approved] body shall restrict, suspend or withdraw any [F132type] examination certificates or quality system approvals, as appropriate.

Textual Amendments

Article 31U.K.Appeal against decisions of [F133approved] bodies

[F134Approved] bodies shall ensure that a transparent and accessible appeal procedure against their decisions is available.

Textual Amendments

Article 32U.K.Information obligation on [F135approved] bodies

1.[F136Approved] bodies shall inform [F137a market surveillance authority] of the following:

(a)any refusal, restriction, suspension or withdrawal of [F138a type] examination certificate or a quality system approval in accordance with the requirements of Parts 8 and 9 of the Annex;

(b)any circumstances affecting the scope of, or conditions for, [F139approval];

F140(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)on request, conformity assessment activities performed within the scope of their [F141approval] and any other activity performed, including cross-border activities and subcontracting.

2.[F142Approved] bodies shall, in accordance with the requirements of Parts 8 and 9 of the Annex, provide the other bodies [F142approved] under this Chapter carrying out similar conformity assessment activities covering the same categories of UA or UAS with the relevant information on issues relating to negative and, on request, positive conformity assessment results.

3.[F143Approved] bodies shall fulfil information obligations under Parts 8 and 9 of the Annex.

Textual Amendments

F144Article 33U.K.Exchange of experience

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145Article 34U.K.Coordination of notified bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Textual Amendments

SECTION 5U.K.[F146Market surveillance, control of products entering the United Kingdom and safeguard procedure]

Article 35U.K.Market surveillance and control of products entering the [F147United Kingdom] market

1.[F148The Secretary of State] shall organise F149... surveillance of the products that are placed on the F150... market in accordance with paragraph 3 of Article 15 and [F151Articles 16 to 22 and 26] of Regulation (EC) No 765/2008.

2.[F152The Secretary of State] shall organise F153... control of the products that enter the F154... market in accordance with paragraph 5 of Article 15 and Articles 27, 28 and 29 of Regulation (EC) No 765/2008.

3.[F155The Secretary of State] shall ensure that F156... market surveillance and border control authorities cooperate with the [F157CAA] on safety matters and shall establish appropriate communication and coordination mechanisms between them, making the best use of the information contained in the occurrence reporting system defined in Regulation (EU) No 376/2014 of the European Parliament and of the Council(1) and the information systems defined in [F158Article 22] of Regulation (EC) No 765/2008.

Textual Amendments

Article 36U.K.Procedure for dealing with products presenting a risk at national level

[F21. Where the market surveillance authorities F159... have sufficient reason to believe that a product presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Chapter, they shall carry out an evaluation in relation to the product concerned, covering all applicable requirements laid down in this Chapter. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.]

Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the product does not comply with the requirements laid down in this Chapter, they shall, without delay, require the relevant economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements, to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.

The market surveillance authorities shall inform the [F160Secretary of State] accordingly.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.

F1612.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The economic operator shall ensure that all appropriate corrective action is taken in respect of all products concerned that it has made available on the market F162....

4.Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the product being made available on their national market, to withdraw the product from that market or to recall it.

F163...

F1645.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1656.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1667.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1678.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Article 37U.K.Union safeguard procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 38U.K.Compliant product which presents a risk

1.Where, having carried out an evaluation under paragraph 1 of Article 36, [F169a market surveillance authority] finds that, although the product is in compliance with this Chapter, it presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Chapter, it shall require the relevant economic operator to take all appropriate measures to ensure that the product concerned, when placed on the market, no longer presents that risk, to withdraw the product from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.

2.The economic operator shall ensure that corrective action is taken in respect of all the products concerned that he has made available on the market F170....

F1713.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1724.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1735.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 39U.K.Formal non-compliance

1.Without prejudice to Article 36, where a [F174market surveillance authority] makes one of the following findings concerning products covered by this Chapter, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a)the [F175UK marking] has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 15 or Article 16 of this Regulation;

(b)the [F176UK marking] or type has not been affixed;

(c)the identification number of the [F177approved] body, where the conformity assessment procedure set out in Part 9 of the Annex is applied, has been affixed in violation of Article 16 or has not been affixed;

(d)the UA class identification label has not been affixed;

(e)the indication of the sound power level if required has not been affixed;

(f)the serial number has not been affixed or has not the correct format;

(g)the manual or the information notice is not available;

(h)the F178... declaration of conformity is missing or has not been drawn up;

(i)the F179... declaration of conformity has not been drawn up correctly;

(j)technical documentation is either not available or not complete;

(k)manufacturer's or importer's name, registered trade name or registered trademark, website address or postal address are missing.

2.Where the non-compliance referred to in paragraph 1 persists, the [F180Secretary of State] concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is withdrawn or recalled from the market.

Textual Amendments

Textual Amendments

Textual Amendments

(1)

Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: