UAS/drones operations — Certified category

    While the regulatory package for the ‘certified’ category is currently being developed at European level, the new Community legislation, both in Implementing Regulation (EU) 2019/947 and in Delegated Regulation (EU) 2019/945, already clearly identifies and marks its limits.

    On the one hand, it provides that UAS operations carried out in the ‘certified’ category shall require certification of the UAS by EASA, certification of the operator and, where appropriate, obtaining a licence by the remote pilot.

    On the other hand, it stipulates that UAS operations are to be classified in the ‘certified’ category only when:

    • The UAS has a characteristic dimension of 3 m or more, its design is EASA certified to be used over concentrations of people and the operation involves flying over concentrations of people;
    • The design of the UAS is EASA certified for the transport of persons and the operation involves the transport of persons;
    • The design of the UAS is EASA certified for the transport of dangerous goods by requiring a high robustness to mitigate risks to third parties in the event of an accident, and the operation involves the transport of dangerous goods which may pose a high risk to third parties in the event of an accident;
    • AESA, based on the operational risk assessment for the ‘specific’ category, considers that the risk of the operation cannot be adequately mitigated without certification of the UAS by EASA and the UAS operator and, where appropriate, without obtaining a licence by the remote pilot.

     

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