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Article 5 - 'Specific' category of UAS operations
Available versions for ERULES-1963177438-15480
Regulation (EU) 2021/1166
found in: Unmanned Aircraft Systems (No 2019/947 and 2019/945) Part-UAS (Jul 2024)
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Article 5 - โSpecificโ category of UAS operations Commission Implementing Regulation (EU) 2021/1166 1. Where one of the requirements laid down in [Article 4](#_DxCrossRefBm1106656755) 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](#_DxCrossRefBm1106656760) from the competent authority in the Member State where it is registered. 2. When applying to a competent authority for an operational authorisation pursuant [Article 12](#_DxCrossRefBm1106656760), the operator shall perform a risk assessment in accordance with [Article 11](#_DxCrossRefBm1106656763) and submit it together with the application, including adequate mitigating measures. 3. In accordance with point [UAS.SPEC.040](#_DxCrossRefBm1106656762) laid down in Part B of the Annex, the competent authority shall issue an operational authorisation, if it considers that the operational risks are adequately mitigated in accordance with [Article 12](#_DxCrossRefBm1106656760). 4. The competent authority 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](#_DxCrossRefBm1106656761) laid down in Part B of the Annex for an operation complying with a standard scenario set out in [Appendix 1](#_DxCrossRefBm1106656735) 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](#_DxCrossRefBm1106656760) shall apply. The UAS operator shall use the declaration referred to in [Appendix 2](#_DxCrossRefBm1106656759) to that Annex. 6. An operational authorisation or a declaration shall not be required for: (a) UAS operators holding an LUC with appropriate privileges in accordance with point [UAS.LUC.060](#_DxCrossRefBm1106656758) 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](#_DxCrossRefBm1106656757).