Date: 2021-07-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2021/1166 of 15 July 2021 amending Implementing Regulation (EU) 2019/947 as regards postponing the date of application for standard scenarios for operations executed in or beyond the visual line of sight (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Mobility and Transport
Executive Summary:
This regulation amends Implementing Regulation EU 2019/947, postponing the application date for standard scenarios for unmanned aircraft system (UAS) operations executed in or beyond the visual line of sight. The postponement is due to delays in the availability of harmonized standards for UAS of classes C5 and C6. Member states can accept declarations based on national scenarios until December 2, 2023, and Article 55 shall apply from December 3, 2023.
Key Points / Main Content:
Application Date Postponement:
* The application date for standard scenarios in Appendix 1 of the Annex of Implementing Regulation EU 2019/947 is postponed.
* This postponement is due to the unavailability of harmonized standards for UAS classes C5 and C6 by the original date of December 2, 2021.
Article 23 Amendments:
* Paragraphs 2, 3, and 4 of Article 23 of Implementing Regulation EU 2019/947 are replaced.
* Article 55 shall apply from December 3, 2023.
* Point 2g of point UAS.OPEN.060 and point 1l of point UAS.SPEC.050 of the Annex shall apply from July 1, 2022.
National Standard Scenarios:
* Until December 2, 2023, Member States can accept declarations made by UAS operators in accordance with Article 55, based on national standard scenarios or equivalent, if those national scenarios meet the requirements of point UAS.SPEC.020 of the Annex.
* Such declarations based on national standard scenarios will cease to be valid from December 2, 2025.
Entry into Force:
* This Regulation will enter into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
Member States:
Impact: Must postpone the date from which they only accept declarations compliant with EU standard scenarios. They can continue accepting declarations based on national standard scenarios or equivalent until December 2, 2023. After this date, they must apply Article 55.
Action Required: Update procedures to reflect the postponed application date. Continue accepting declarations based on national scenarios (if compliant) until December 2, 2023. Ensure national scenarios meet the requirements of point UAS.SPEC.020 of the Annex.
UAS Operators:
Impact: UAS operators can continue to operate under national standard scenarios (or equivalent) until December 2, 2023. After this date, they will need to comply with Article 55. Declarations made under national scenarios will cease to be valid on December 2, 2025.
Action Required: Continue to follow existing national regulations or equivalent until December 2, 2023. Monitor the development of EU standard scenarios and prepare for compliance with Article 55 by December 3, 2023.
UAS Manufacturers:
Impact: The delay in harmonized standards for C5 and C6 class UAS affects their ability to place compliant UAS on the market by the original deadline.
Action Required: Continue to monitor the development of harmonized standards for C5 and C6 class UAS. Adjust production and certification timelines to align with the new deadlines.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Regulation EU 2018/1139: Regulation of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency.
European Union Aviation Safety Agency: An agency of the European Union with responsibility for civil aviation safety regulation.
Commission Implementing Regulation EU 2019/947: Commission Implementing Regulation on the rules and procedures for the operation of unmanned aircraft.
Ursula VON DER LEYEN: The President of the European Commission.
Brussels: City in Belgium, where the document was signed.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining the scope of the EU's powers.
16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 253/49
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1166
of 15 July 2021
amending Implementing Regulation (EU) 2019/947 as regards postponing the date of application for
standard scenarios for operations executed in or beyond the visual line of sight
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018on common
rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC)
No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU
of the European Parliament and of the Council, and repealing Regulations (EC) No 216/2008 and (EC) No 552/2004 of the
European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular Article 57 thereof,
Whereas:
(1) Pursuant to Article 23(4) of Commission Implementing Regulation (EU) 2019/947(2), as from 2 December 2021,
Member States may only accept declarations made by UAS operators in accordance with Article 5(5) of that
Implementing Regulation for an operation complying with one of the two standard scenarios set out in Appendix 1
to the Annex of that Implementing Regulation.
(2) Harmonized standards are considered by UAS manufacturers as an important instrument to enable them to place
compliant UAS on the market.
(3) However, some of the harmonised standards addressing the requirements applicable to UAS of classes C5 and C6
will not be available by 2 December 2021.
(4) It is therefore necessary to postpone the date of application in order to ensure that the harmonised standards
addressing the requirements applicable to UAS of classes C5 and C6 are available before Member States may only
accept declarations for operations compliant with the standard scenarios established by Appendix 1 to the Annex of
Implementing Regulation (EU) 2019/947. Until then Member States should be able to accept declarations made by
UAS operators in accordance with Article 5(5) of that Implementing Regulation, based on national standard
scenarios or equivalent.
(5) The measures provided for in this Regulation are in accordance with the opinion of the committee established by
Article 127 of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 23 of Implementing Regulation (EU) 2019/947, paragraphs 2, 3 and 4 are replaced by the following:
‘2. Article 5(5) shall apply from 3 December 2023.
3. Point (2)(g) of point UAS.OPEN.060 of the Annex and point (1)(l) of point UAS.SPEC.050 of the Annex shall
apply from 1 July 2022.
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned
aircraft (OJ L 152, 11.6.2019, p. 45).L 253/50 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021
4. Without prejudice to Article 21(1), until 2 December 2023Member States may accept declarations made by UAS
operators in accordance with Article 5(5), based on national standard scenarios or equivalent, if those national
scenarios meet the requirements of point UAS.SPEC.020 of the Annex.
Such declarations shall cease to be valid from 2 December 2025.’
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2021
For the Commission
The President
Ursula VON DER LEYEN