The Civil Aviation framework has recently seen the approval of the Commission Delegated Regulation (EU) 2024/1107 of 13 March 2024, Commission Delegated Regulation (EU) 2024/1108 of 13 of March, Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 and Commission Implementing Regulation (EU) 2024/1110 of 10 April 2024, (“the Legislative Package”) all pertaining to both the initial and continuing airworthiness of Unmanned Aircraft Systems (“UAS”).
The approved Legislative Package is of particular importance for those dedicated to the manufacture and operation of UAS within the European Single Aviation Area.
What the new legislative package represents
An unmanned aircraft should be understood as an aircraft. As such, the certification procedures of Part-21 (which can be found under Annex I of Commission Regulation (EU) No 748/2012) have already been adapted to allow, within the field of UAS certification, the issuance of its specific Type Certificate (“UA TC”) and, in cases of separate certification of their control and monitoring unit (“CMU”), the issuance of the respective specific Type Certificate (“CMU TC”).
While EASA Basic Regulation, in respect of UAS, draws a clear distinction in terms of requirements applicable to ‘manned’ (Section I) versus ‘unmanned’ aviation (Section VII), the conditions and procedures for issuing certificates for UAS in accordance with Article 58 of the Basic Regulation is be based on compliance of the essential requirements set in Section I for manned aircraft. Furthermore, Commission Delegated Regulation (EU) 2019/945 establishes that UAS subject to certification shall comply with Part-21 requirements. At the same time, Article 40 of Commission Delegated Regulation (EU) 2019/945, establishes that a UAS subject to certification shall comply with the applicable requirements set out under Part-21.
In this context, the new Legislative Package establishes a regulatory framework applicable to UAS airworthiness certification amending Commission Regulation (EU) 748/2021 and its Annex I for the purpose of including requirements for their certification, their respective control as well as their monitoring units. This is of particular importance for UAS operated under the “Specific” category as established under the Commission Delegated Regulation (EU) 2019/947 of 24 May but should also be taken into consideration by those involved in the certified operations category.
However, not just initial certification rules are revised as the new package includes changes on the Continuing Airworthiness of UAS. These new regulations address the UAS Certificate of Airworthiness requirements for operations in the ‘certified’ category as well as high-risk operations in the ‘specific’ category (where the UAS is subject to an airworthiness certificate), consolidating UAS maintenance and airworthiness management aspects to facilitate compliance by interested parties.
The new legislative package should enter into force in May 2025, providing manufacturers, operators and competent authorities sufficient time to adapt to the new regulations.
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