1. Operations shall be classified as UAS operations in the ‘open’ category only where the following requirements are met:

(a) the UAS belongs to one of the classes set out in Delegated Regulation (EU) 2019/945 or is privately built or meets the conditions defined in Article 20;

(b) the unmanned aircraft has a maximum take-off mass of less than 25 kg;

(c) the remote pilot ensures that the unmanned aircraft is kept at a safe distance from people and that it is not flown over assemblies of people;

(d) the remote pilot keeps the unmanned aircraft in VLOS at all times except when flying in follow-me mode or when using an unmanned aircraft observer as specified in Part A of the Annex;

(e) during flight, the unmanned aircraft is maintained within 120 metres from the closest point of the surface of the earth, except when overflying an obstacle, as specified in Part A of the Annex

(f) during flight, the unmanned aircraft does not carry dangerous goods and does not drop any material;

2. UAS operations in the ‘open’ category shall be divided in three sub-categories in accordance with the requirements set out in Part A of the Annex.

1. Where one of the requirements laid down in Article 4 or in Part A of the Annex is not met, a UAS operator shall be required to obtain an operational authorisation pursuant to Article 12 from the CAA.

CAP 1789A UK Consolidation - Regulation (EU) 2019/947 (as retained in UK law) February 2021 Page 10

2. When applying to the CAA for an operational authorisation pursuant Article 12, the operator shall perform a risk assessment in accordance with Article 11 and submit it together with the application, including adequate mitigating measures.

3. In accordance with point UAS.SPEC.040 laid down in Part B of the Annex, the CAA shall issue an operational authorisation, if it considers that the operational risks are adequately mitigated in accordance with Article 12.

4. The CAA shall specify whether the operational authorisation concerns:

(a) the approval of a single operation or a number of operations specified in time or location(s) or both. The operational authorisation shall include the associated precise list of mitigating measures;

(b) the approval of an LUC, in accordance with part C of the Annex.

5. Where the UAS operator submits a declaration to the competent authority of the Member State of registration in accordance with point UAS.SPEC.020 laid down in Part B of the Annex for an operation complying with a standard scenario set out in Appendix 1 to that Annex, the UAS operator shall not be required to obtain an operational authorisation in accordance with paragraphs 1 to 4 of this Article and the procedure laid down in paragraph 5 of Article 12 shall apply. The UAS operator shall use the declaration referred to in Appendix 2 to that Annex.";

6. An operational authorisation shall not be required for:

(a) UAS operators holding an LUC with appropriate privileges in accordance with point UAS.LUC.060 of the Annex;

(b) operations conducted in the framework of model aircraft clubs and associations that have received an authorisation in accordance with Article 16.

1. Operations shall be classified as UAS operations in the ‘certified’ category only where the following requirements are met:

(a) the UAS is certified pursuant to points (a), (b) and (c) of paragraph 1 of Article 40 of Delegated Regulation (EU) 2019/945; and

(b) the operation is conducted in any of the following conditions:

i. over assemblies of people;

ii. involves the transport of people;

iii. involves the carriage of dangerous goods, that may result in high risk for third parties in case of accident.

2. In addition, UAS operations shall be classified as UAS operations in the ‘certified’ category where the CAA, based on the risk assessment provided for in Article 11, considers that the risk of the operation cannot be adequately mitigated without the certification of the UAS and of the UAS operator and, where applicable, without the licensing of the remote pilot.

Delegated Regulation (EU) 2019/945

Consolidated version pdf