ANNEX IX

• Regulation (EU) 2018/1139 found in: Basic Regulation EU 2018/1139 (Jan 2023)

# ANNEX IX ## Essential requirements for unmanned aircraft Regulation (EU) 2018/1139 1. ESSENTIAL REQUIREMENTS FOR THE DESIGN, PRODUCTION, MAINTENANCE AND OPERATION OF UNMANNED AIRCRAFT 1.1. The operator and the remote pilot of an unmanned aircraft must be aware of the applicable Union and national rules relating to the intended operations, in particular with regard to safety, privacy, data protection, liability, insurance, security and environmental protection. The operator and the remote pilot must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users. This includes good knowledge of the operating instructions provided by the producer, of safe and environmentally-friendly use of unmanned aircraft in the airspace, and of all relevant functionalities of the unmanned aircraft and applicable rules of the air and ATM/ANS procedures. 1.2. An unmanned aircraft must be designed and constructed so that it is fit for its intended function, and can be operated, adjusted and maintained without putting persons at risk. 1.3. If necessary to mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs those features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that applicable limitations, prohibitions or conditions be complied with, in particular with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes. 1.4. The organisation responsible for the production or for the marketing of the unmanned aircraft must provide information to the operator of an unmanned aircraft and, where relevant, to the maintenance organisation on the kind of operations for which the unmanned aircraft is designed together with the limitations and information necessary for its safe operation, including operational and environmental performance, airworthiness limitations and emergency procedures. This information shall be given in a clear, consistent and unambiguous manner. The operational capabilities of unmanned aircraft that can be used in operations that do not require a certificate or declaration must allow the possibility to introduce limitations which meet airspace rules applicable to such operations. 2. ADDITIONAL ESSENTIAL REQUIREMENTS FOR THE DESIGN, PRODUCTION, MAINTENANCE AND OPERATION OF UNMANNED AIRCRAFT REFERRED TO ARTICLE 56(1) Taking in account the objectives set out in [Article 1](#_DxCrossRefBm1884563514), the following requirements must be met to ensure safety for people on the ground and other airspace users during the operation of the unmanned aircraft, taking into account the level of risk of the operation as necessary: 2.1. Airworthiness 2.1.1. Unmanned aircraft must be designed in a way that, or contain features or details that, the safety of the person operating the unmanned aircraft or of third parties in the air or on the ground, including property, can be satisfactorily demonstrated. 2.1.2. Unmanned aircraft must provide product integrity that is proportionate to the risk in all anticipated flight conditions. 2.1.3. Unmanned aircraft must be safely controllable and manoeuvrable, as necessary under all anticipated operating conditions including following the failure of one or, if appropriate, more systems. Due account must be taken of human-factor considerations, in particular available knowledge about factors conducive to safe operation of technology by humans. 2.1.4. Unmanned aircraft and their engines, propellers, parts, non-installed equipment, and equipment to control the unmanned aircraft remotely must function as intended under any foreseeable operating conditions, throughout, and sufficiently beyond, the operation for which the aircraft was designed. 2.1.5. Unmanned aircraft and their engines, propellers, parts, non-installed equipment, and equipment to control the unmanned aircraft remotely, considered separately and in relation to each other, must be designed such that the probability of a failure condition and the severity of its effect on people on the ground and other airspace users are mitigated on the basis of the principles laid down in [Article 4(2)](#_DxCrossRefBm1884563521). 2.1.6. Any equipment to control the unmanned aircraft remotely involved in the operation must be so as to facilitate flight operations, including means providing situational awareness, and management of any expected situation and emergencies. 2.1.7. Organisations involved in the design of unmanned aircraft, engines and propellers must take precautions so as to minimise the hazards arising from conditions, both internal and external to the unmanned aircraft and their systems, that experience has shown to have a safety impact. This includes protection against interference by electronic means. 2.1.8. The manufacturing processes, materials and components used to produce the unmanned aircraft must result in adequate and reproducible properties and performance that are compliant with the design properties. 2.2. Organisations Organisations involved in unmanned aircraft design, production, maintenance, operations, related services and training shall meet the following conditions: (a)the organisation must have all the means necessary for the scope of its work and ensure compliance with the essential requirements and the delegated act referred to in [Article 58](#_DxCrossRefBm1884563600) and the implementing acts referred to in [Article 57](#_DxCrossRefBm1884563522), relevant for its activity; (b) the organisation must implement and maintain a management system to ensure compliance with the relevant essential requirements, manage safety risks and aim for continuous improvement of this system. Such management system must be proportionate to the organisation's type of activity and size; (c) the organisation must establish an occurrence reporting system, as part of the safety management system, in order to contribute to the continuous improvement of safety. Such reporting system must be proportionate to the organisation's type of activity and size; (d) the organisation must establish arrangements, where relevant, with other organisations to ensure continuing compliance with the relevant essential requirements. 2.3. Persons involved in operation of unmanned aircraft Any person involved in the operation of an unmanned aircraft, including the remote pilot, shall possess the required knowledge and skills necessary to ensure the safety of the operation and proportionate to the risk associated with the type of operation. This person shall also demonstrate medical fitness, if this is necessary to mitigate the risks involved in the operation concerned. 2.4. Operations 2.4.1. The operator of an unmanned aircraft is responsible for the operation and must take any appropriate actions to ensure the safety of the operation. 2.4.2. A flight must be performed in accordance with the applicable laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the area, airspace, aerodromes or sites planned to be used and, where applicable, related ATM/ANS systems. 2.4.3. Operations with unmanned aircraft must ensure the safety of third parties on the ground and of other airspace users and minimise the risks resulting from adverse external and internal conditions, including environmental conditions, through maintaining appropriate separation distance during all phases of the flight. 2.4.4. Unmanned aircraft must be operated only if it is in airworthy condition and where the equipment and the other components and services necessary for the intended operation are available and serviceable. 2.4.5. Unmanned aircraft and operations with unmanned aircraft must comply with relevant rights guaranteed under Union law. 2.4.6. The operator of an unmanned aircraft must ensure that the aircraft has the necessary navigation, communication, surveillance, detect and avoid equipment, as well as any other equipment deemed necessary for the safety of the intended flight, taking account of the nature of the operation, air traffic regulations and rules of the air applicable during any phase of the flight. 2.5. Essential requirements relating to electromagnetic compatibility and radio spectrum, for unmanned aircraft, as well as associated engines, propellers, parts and non-installed equipment, the design of which is certified in accordance with [Article 56(1)](#_DxCrossRefBm1884563602) and which are intended to operate only on frequencies allocated by the Radio Regulations of the International Telecommunication Union for protected aeronautical use 2.5.1. Those unmanned aircraft, engines, propellers, parts and non-installed equipment shall be designed and produced in such a manner, having regard to the state of the art, as to ensure that: (a) the electromagnetic disturbance which they generate does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended; and (b) they have a level of immunity to the electromagnetic disturbance which allows them to operate without unacceptable degradation of their intended use. 2.5.2. Those unmanned aircraft, engines, propellers, parts and non-installed equipment shall be designed and produced in such a manner, having regard to the state of the art, as to ensure that they effectively use and support the efficient use of radio spectrum in order to avoid harmful interference. 3. ESSENTIAL ENVIRONMENTAL REQUIREMENTS FOR UNMANNED AIRCRAFT Unmanned aircraft shall comply with the environmental performance requirements set out in Annex III. 4. ESSENTIAL REQUIREMENTS FOR REGISTRATION OF UNMANNED AIRCRAFT AND THEIR OPERATORS AND MARKING OF UNMANNED AIRCRAFT 4.1. Without prejudice to obligations of Member States under the Chicago Convention unmanned aircraft the design of which is subject to certification pursuant to [Article 56(1)](#_DxCrossRefBm1884563602) shall be registered in accordance with the implementing acts referred to in [Article 57](#_DxCrossRefBm1884563599). 4.2. Operators of unmanned aircraft shall be registered in accordance with the implementing acts referred to in [Article 57](#_DxCrossRefBm1884563599), where they operate any of the following: (a) unmanned aircraft which, in the case of impact, can transfer, to a human, kinetic energy above 80 Joules; (b) unmanned aircraft the operation of which presents risks to privacy, protection of personal data, security or the environment; (c) unmanned aircraft the design of which is subject to certification pursuant to [Article 56(1)](#_DxCrossRefBm1884563602). 4.3. Where a requirement of registration applies pursuant to point 4.1 or 4.2, the unmanned aircraft concerned shall be individually marked and identified, in accordance with the implementing acts referred to in [Article 57](#_DxCrossRefBm1884563599).