ED Decision 2019/021/R
BOUNDARIES BETWEEN THE CATEGORIES OF UAS OPERATIONS
(a) Boundary between ‘open’ and ‘specific’
A UAS operation does not belong to the ‘open’ category when at least one of the general criteria listed in Article 4 of the UAS Regulation is not met (e.g. when operating beyond visual line of sight (BVLOS)) or when the detailed criteria for a subcategory are not met (e.g. operating a 10 kg UA close to people when subcategory A2 is limited to 4 kg UA).
(b) Boundary between ‘specific’ and ‘certified’
Article 6 of the UAS Regulation and Article 40 of Regulation (EU) 2019/945 define the boundary between the ‘specific’ and the ‘certified’ category. The first article defines the boundary from an operational perspective, while the second one defines the technical characteristics of the UA, and they should be read together.
A UAS operation belongs to the ‘certified’ category when, based on the risk assessment, the competent authority considers that the risk cannot be mitigated adequately without the:
— certification of the airworthiness of the UAS;
— certification of the UAS operator; and
— licensing of the remote pilot, unless the UAS is fully autonomous.
UAS operations are always considered to be in the ‘certified’ category when they:
— are conducted over assemblies of people with a UA that has characteristic dimensions of 3 m or more; or
— involve the transport of people; or
— involve the carriage of dangerous goods that may result in a high risk for third parties in the event of an accident.
Guidance on UAS category boundaries: 'open' fails if Article 4 criteria unmet; 'certified' requires airworthiness, operator certification, pilot licensing, or always for large UA over crowds, people transport, or high‑h3
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