Transition UAS requirements

    In accordance with Articles 20 “Special provisions concerning the use of certain UAS in the open category” and 22 “Transitional provisions” of Commission Implementing Regulation (EU) 2019/947:

    Commission Implementing Regulation (EU) 2019/947

    UAS which are not privately manufactured and comply with the Directive on the placing on the market of products currently applicable in the European Union (Decision 768/2008/EC), but do not belong to one of Classes C0, C1, C2, C3 or C4 laid down in Commission Delegated Regulation (EU) 2019/945, may continue to be used if they have been placed on the European Union market before 1 January 2023 as follows, as set out in Article 20 (after January 2023):

    a. If the maximum take-off mass of the unmanned aircraft is less than 250 g, including payload, operation in subcategory A1;

    b. If the maximum take-off mass of the unmanned aircraft is less than 25 kg, including fuel and payload, operation in subcategory A3.

    UAS to be operated in ‘open’ category and not in Class C0, C1, C2, C3 or C4 laid down in Commission Delegated Regulation (EU) 2019/945, may continue to be used until 1 January 2023 under the following conditions, as set out in Article 22 (January 2021-January 2023):

    a. If the take-off mass of the unmanned aircraft is less than 500 g, operation in subcategory A1, by a remote pilot who is recommended to be familiar with the manufacturer’s user manual or, in the absence thereof, equivalent document developed by the UAS operator itself;

    b. If the take-off mass of the unmanned aircraft is less than 2 kg, and is operated at a minimum horizontal distance of 50 m from persons, by remote pilots with a level of competence at least equivalent to that corresponding to sub-category A2, it is considered acceptable to hold a basic or advanced certificate according to Law 18/2014 or Royal Decree 1036/2017 and to make a declaration of practical self-training; y

    c. If the take-off mass of the unmanned aircraft is less than 25 kg, and the operation is carried out in subcategory A3, by remote pilots with a level of competence at least equivalent to that corresponding to subcategories A1 and A3, it is considered acceptable to be in possession of a basic or advanced certificate according to Law 18/2014 or Royal Decree 1036/2017.

    NOTE: If the UAS does not include this class identification marking, it will be either a product placed on the market before the entry into force of the new legislation, or a product of private construction.

    Class identification is a technical characteristic of the aircraft is not something the operator can perform.

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