BAKGRUNN (fra kommisjonsforordningen)

(1) Annex IX to Regulation (EU) 2018/1139 sets out essential requirements for the maintenance of unmanned aircraft, in particular those which may be subject to certification referred to in Article 56(1) of that Regulation. 

(2) Article 40 of Delegated Regulation (EU) 2019/945 provides that unmanned aircraft systems (‘UAS’) intended to be operated in the ‘specific’ category referred to in Article 5 of Implementing Regulation (EU) 2019/947 for which the risk of the operation cannot be adequately mitigated, are to be certified and comply with detailed requirements in respect of their continuing airworthiness. 

(3) Taking into account the specific nature of UAS it is necessary to establish detailed dedicated continuing airworthiness requirements for those UAS, their components, and for organisations and personnel involved in continuing airworthiness tasks. 

(4) In accordance with Article 4(2) of Regulation (EU) 2018/1139, the detailed requirements for UAS should be proportionate to the risk of the particular operation or type of operation required by Implementing Regulation (EU) 2019/947 for high-risk operations in the ‘specific’ category. 

(5) Those detailed requirements for the UAS continuing airworthiness should be based on and harmonised with the detailed requirements laid down in Regulation (EU) No 1321/2014 applicable to light aircraft in manned aviation, however, those detailed requirements for the UAS should be adapted and adjusted in order to ensure that they are appropriate for the specific nature of UAS and are proportionate to the risks posed by their operation. 

(6) Where a valid certificate of airworthiness is not available and a permit to fly is issued to an UAS, those detailed requirements should not apply, and instead the continuing airworthiness requirements established in the flight conditions approved in accordance with Regulation (EU) 748/2012 should apply. 

(7) It is necessary to provide for a smooth transition to the new regulatory framework established by this Regulation. Therefore, it is necessary to provide stakeholders and Member State administrations with sufficient time to adapt to and ensure compliance with this new regulatory framework. 

(8) The requirements for the protection of information and communication systems and data established for the continuing airworthiness organisations should be deferred until Implementing Regulation (EU) 2023/203 becomes applicable. 

(9) The European Union Aviation Safety Agency has submitted to the Commission Opinion No 03/202311 in accordance with Article 75(2), points (b) and (c), of Regulation (EU) 2018/1139 and with Article 76(1) of that Regulation,