(This note is not part of the Regulations)
These Regulations amend Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (EUR 2019/945) (“the Delegated Regulation”) and Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (EUR 2019/947) (“the Implementing Regulation”).
Part 2 makes the following amendments to the Delegated Regulation:
The names of classes of unmanned aircraft systems (“UAS”) are amended: the “C” prefix in the names of classes is replaced with a “UK” prefix.
The class identification labels for UAS classes are amended.
Article 2 is amended so that UAS with a maximum take-off mass (“MTOM”) of less than 100g and UAS which are designed to be exclusively operated in areas which are wholly or mainly enclosed are excluded from the scope of the Regulation.
References to UAS that are toys within the meaning of the Toys (Safety) Regulations 2011 (S.I. 2011/1881) are removed.
Article 13 is amended so that, until 1st January 2028, the internal production control method can be used for UK1, UK2 and UK3 UAS where the product is covered by a type assessment under the Delegated Regulation as it has effect in EU law and Part 7 of the Annex is amended accordingly.
Articles 18, 24, 25, 28 and 32, which concern conformity assessment bodies, are amended so that powers held by the Secretary of State are conferred on the market surveillance authority.
Article 40 (requirements for UAS operated in the ‘certified’ and ‘specific’ categories) is amended so that it provides that the requirements relating to direct remote identification in relation to an unmanned aircraft intended to be operated in the ‘specific’ category only apply if the unmanned aircraft is equipped with direct remote identification.
In Parts 1 to 5 of the Annex, which set out requirements which apply to UAS classes UK0-UK4, additional requirements which relate to serial numbers, direct remote identification and geo-awareness are inserted and will come into force on 1st January 2028.
Requirements relating to geo-awareness functions in Parts 1 to 5 of the Annex are amended so that these functions must include an interface to upload data on relevant restricted areas. A definition of ‘relevant restricted areas’ is inserted in Article 3.
Part 3 makes the following amendments to the Implementing Regulation:
The names of classes of UAS are amended.
The names of the subcategories of the ‘open’ category of operations are amended.
Article 2A, which provides that the Implementing Regulation does not apply to operations in an area which is wholly or mainly enclosed and where no uninvolved person is present, is inserted.
Article 12 is amended so that the Civil Aviation Authority (CAA) may disapply certain requirements in Part B of the Annex (UAS operations in the ‘specific’ category).
Article 14 is amended so that a UAS operator must register themselves when operating in the ‘open’ category with a UAS with a camera and a MTOM of 100g or more, and so that the CAA shall only issue a unique digital registration number to those who are at least 18 years of age.
Articles 20 and 22, which permitted the operation, in the ‘open’ category, of certain UAS which do not comply with the Delegated Regulation, are omitted.
Article 20A, which relates to UAS complying with the Delegated Regulation as it has effect in EU law, is inserted. Part A of the Annex is amended accordingly.
In the Annex, Part A (UAS operations in the ‘open’ category) and Part B (UAS operations in the ‘specific’ category) are amended. The amendments relate to the types of UAS which can operate in the ‘open’ category, the operational requirements of the three subcategories of the ‘open’ category and the operational requirements for the ‘specific’ category.
Requirements relating to geo-awareness functions in the Annex are amended so that they refer to relevant restricted areas. A definition of ‘relevant restricted areas’ is inserted in Article 2.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. De minimis impact assessments have been conducted in relation to geo-awareness requirements, direct remote identification requirements and other amendments made by this instrument. These de minimis assessments are available from the Department for Transport, 33 Horseferry Road, London, SW1P 4DR and are published with the Explanatory Memorandum alongside this instrument at www.legislation.gov.uk.