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Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council as regards competent authority requirements and administrative procedures for the certification, oversight and enforcement of the continuing airworthiness of certified unmanned aircraft systems, and amending Implementing Regulation (EU) 2023/203

Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council as regards competent authority requirements and administrative procedures for the certification, oversight and enforcement of the continuing airworthiness of certified unmanned aircraft systems, and amending Implementing Regulation (EU) 2023/203

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 2018 on 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 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular Article 62(14) and (15), points (a), (b) and (c) and Article 72(5) thereof,

Whereas:

  1. Pursuant to Article 58(1) of Regulation (EU) 2018/1139 detailed continuing airworthiness requirements for certified unmanned aircraft systems (UAS) operated in the ‘specific’ category and for which an airworthiness certificate has to be obtained, and their components, and for organisations and personnel involved in those activities are laid down in Commission Delegated Regulation (EU) 2024/1107(2).

  2. To ensure the uniform application of those detailed continuing airworthiness requirements, rules and procedures for the assessment of compliance with those requirements to be applied by the competent authorities should be laid down. Those rules and procedures should reflect the requirements for the competent authorities responsible for the continuing airworthiness of manned aircraft laid down in Commission Regulation (EU) No 1321/2014(3), but at the same time adapted to the specific UAS framework.

  3. Furthermore, in order to manage safety risks deriving from information security threats it is necessary that the competent authorities responsible for the continuing airworthiness of certified unmanned aircraft and their components apply the requirements for the management of information security risks with a potential impact on aviation safety laid down in Commission Implementing Regulation (EU) 2023/203(4). Therefore, Implementing Regulation (EU) 2023/203 should be amended to include in its scope also those competent authorities.

  4. It is necessary to provide sufficient time for the competent authorities to ensure compliance with the new rules and procedures for the assessment of compliance of certified UAS with detailed continuing airworthiness requirements, therefore this Regulation should apply from 1 May 2025. However, the requirements for the management of information security risks with a potential impact on aviation safety should be deferred until Implementing Regulation (EU) 2023/203 becomes applicable.

  5. The European Union Aviation Safety Agency assisted the Commission in accordance with Article 75(2), points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139 and submitted to the Commission the related Opinion No 03/2023(5) on 31 August 2023.

  6. The measures provided for in this Regulation are in accordance with the opinion of the Committee for the application of common safety rules in the field of civil aviation established by Article 127(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter and scope

This Regulation establishes the rules and procedures to be applied by the competent authorities for the assessment of compliance with the detailed continuing airworthiness requirements laid down in Delegated Regulation (EU) 2024/1107.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. ‘unmanned aircraft system (UAS)’ means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit;

  2. ‘control and monitoring unit (CMU)’ means the equipment to control unmanned aircraft remotely, as defined in Article 3(32) of Regulation (EU) 2018/1139;

  3. ‘component’ means any engine, propeller or part of the unmanned aircraft (UA), or any element of the control and monitoring unit;

  4. ‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the unmanned aircraft system complies with the applicable airworthiness requirements and is in a condition for safe operation;

  5. ‘maintenance’ means any one or a combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an unmanned aircraft system or component, with the exception of pre-flight inspection;

  6. ‘organisation’ means a natural person, a legal person or part of a legal person, which may be established at more than one location whether or not within the territory of the Member States;

  7. ‘pre-flight inspection’ means the inspection carried out before flight to ensure that the unmanned aircraft is fit for the intended flight;

  8. ‘principal place of business’ means the head office or the registered office of the undertaking from which the principal financial functions and the operational control of the activities referred to in this Regulation are exercised.

Article 3 Competent authorities

1.

A Member State shall designate one or more entities as the competent authority with the necessary powers and allocated responsibilities for the performance of certification, oversight and enforcement tasks in accordance with this Regulation and with Delegated Regulation (EU) 2024/1107.

2.

The administration and management systems of the competent authority of a Member State referred to in paragraph 1 and of the Agency shall comply with the requirements set out in the Annex.

3.

When a Member State designates more than one entity as competent authority the following requirements shall be complied with:

  1. the areas of competence of each entity shall be clearly defined, in particular in terms of responsibilities and geographic limitations;

  2. coordination shall be established between those entities in order to ensure the effective performance of certification, oversight and enforcement tasks within their respective areas of competence.

4.

When it is necessary to perform certification, oversight or enforcement tasks, the competent authority shall be empowered to:

  1. examine the records, data, procedures, and any other material relevant to the performance of certification, oversight or enforcement tasks;

  2. make copies or extracts from such records, data, procedures and other material;

  3. request an oral explanation on-site from any of the personnel of those organisations;

  4. access relevant premises, operating sites or means of transport;

  5. perform audits, investigations, assessments, inspections, including unannounced inspections, in respect of those organisations;

  6. take or initiate enforcement measures as appropriate.

5.

The powers referred to in paragraph 4 shall be exercised in compliance with the applicable legal provisions of the relevant Member State.

Article 4 Amendments to Implementing Regulation (EU) 2023/203

Implementing Regulation (EU) 2023/203 is amended as follows:

  1. in Article 2, the following paragraph 3a is inserted:

    ‘3a.

    This Regulation also applies to the competent authority designated in accordance with Annex I (Part-AR.UAS) to Commission Implementing Regulation (EU) 2024/1109(*****).

    (**)

  2. in Article 4, paragraph 2 is amended as follows:

    ‘2.

    The competent authorities referred to in Article 2(2), (3) and (3a) shall comply with the requirements of Annex I (Part-IS.AR) to this Regulation.’

    .

Article 5 Entry into force and applicability

ANNEXUAS CONTINUING AIRWORTHINESS – AUTHORITY REQUIREMENTS(PART-AR.UAS)

AppendixPart-CAO.UAS certificate – EASA Form 3-CAO.UAS