AMC1 Article 13 Cross-border operations or operations outside the State of registration

• ED Decision 2022/002/R found in: Unmanned Aircraft Systems (2019/947 and 2019/945) Part-UAS (Jul 2024)

AMC1 Article 13 Cross-border operations or operations outside the State of registration ED Decision 2022/002/R CROSS-BORDER OPERATIONS (a) A UAS operator that intends to conduct an operation, for which an operational authorisation is required, partially or fully in a Member State other than the State of registration, it should firstly obtain any required authorisation for that operation from the State of registration, unless the UAS operator has a LUC with the appropriate privileges. This process applies also when the UAS operator intends to conduct an operation only in a MS other than the State of registration. (b) The UAS operator should: (1) identify the applicable local conditions in the area of operation; (2) adapt the operational procedures, as necessary: (i) to comply with the applicable local conditions[[80]](#_ftn81); and (ii) as required by the application to the new location(s) of the mitigation measures, identified in the operational authorisation; (3) submit to the competent authority of the MS of operation (refer to <https://www.easa.europa.eu/domains/civil-drones/naa> for the links to the NAA websites) an application for a cross-border operation using the form provided in [AMC1 Article 13(1)](#_DxCrossRefBm1106656817), attaching the following: (i) a copy of the operational authorisation issued by the competent authority of the MS of registration, or a copy of the LUC terms of reference if the operation is conducted under the privileges of the LUC; (ii) those chapter(s)/section(s) of the operations manual (OM) providing the operational procedures and the relevant information, amended as necessary, to comply with the local conditions and apply the mitigation measures to the new intended location(s), unless the UAS operator holds a LUC with the appropriate privileges; and (iii) evidence of compliance of the amended procedures (refer to point ii) according to the level of robustness of the mitigation measures, if any, unless the UAS operator has a LUC with the appropriate privileges. (c) The competent authority of the MS of operation should, without undue delay, evaluate the information provided by the UAS operator and verify the application of local condition(s) and of the updated mitigation measures applicable to the intended location(s) of the operation. (d) Once the competent authority of the MS of operation is satisfied, it should provide the competent authority of the MS of registration and the UAS operator with the confirmation of acceptability (refer to the template provided in [AMC1 Article 13(2)](#_DxCrossRefBm1106656816)) that the updated mitigation measures and procedures are satisfactory for the intended location(s). (e) After receiving the confirmation of acceptability, the UAS operator may start its operation. (f) The competent authority of the MS of registration should issue a revision of the operational authorisation listing the additional new location(s), and provide a copy of the revised operational authorisation to the MS of authorisation and to the UAS operator. (g) A UAS operator that holds a LUC with the appropriate privileges listed in its terms of reference may operate without following the above procedures. However, the UAS operator: (1) must provide to the MS of operation the application using the form provided in [AMC1 Article 13(1)](#_DxCrossRefBm1106656817), attaching the following: (i) a copy of the terms of approval received in accordance with point [UAS.LUC.050](#_DxCrossRefBm1106656814) of the Annex to the UAS Regulation; and (ii) the location(s) of the intended operation in accordance with paragraph 1(b) of [Article 13(1)](#_DxCrossRefBm1106656813) of the UAS Regulation. (2) If the LUC terms of reference include the privileges to assess the local conditions and to apply the mitigation measures in other locations, than the UAS operator may start the operation as soon as it has received confirmation of receipt and completeness of the application. (3) If the LUC terms of reference do not include the privileges to assess the local conditions and/or apply the mitigation measures in other locations, than the UAS operator may start the operation only after it has received the confirmation of acceptability (refer to the template provided in [AMC1 Article 13(2)](#_DxCrossRefBm1106656816)) that the updated mitigation measures and procedures are satisfactory for the intended location(s). --- [[80]](#_ftnref81) Consisting in compliance with the provisions defined in the applicable national regulations. Local conditions should be published by each MS. ##### AMC1 Article 13 Cross-border operations or operations outside the State of registration *ED Decision 2022/002/R* **CROSS-BORDER OPERATIONS** (a) A UAS operator that intends to conduct an operation, for which an operational authorisation is required, partially or fully in a Member State other than the State of registration, it should firstly obtain any required authorisation for that operation from the State of registration, unless the UAS operator has a LUC with the appropriate privileges. This process applies also when the UAS operator intends to conduct an operation only in a MS other than the State of registration. (b) The UAS operator should: (1) identify the applicable local conditions in the area of operation; (2) adapt the operational procedures, as necessary: (i) to comply with the applicable local conditions[[148]](#_ftn149); and (ii) as required by the application to the new location(s) of the mitigation measures, identified in the operational authorisation; (3) submit to the competent authority of the MS of operation (refer to <https://www.easa.europa.eu/domains/civil-drones/naa> for the links to the NAA websites) an application for a cross-border operation using the form provided in [AMC1 Article 13(1)](#_DxCrossRefBm1295819136), attaching the following: (i) a copy of the operational authorisation issued by the competent authority of the MS of registration, or a copy of the LUC terms of reference if the operation is conducted under the privileges of the LUC; (ii) those chapter(s)/section(s) of the operations manual (OM) providing the operational procedures and the relevant information, amended as necessary, to comply with the local conditions and apply the mitigation measures to the new intended location(s), unless the UAS operator holds a LUC with the appropriate privileges; and (iii) evidence of compliance of the amended procedures (refer to point ii) according to the level of robustness of the mitigation measures, if any, unless the UAS operator has a LUC with the appropriate privileges. (c) The competent authority of the MS of operation should, without undue delay, evaluate the information provided by the UAS operator and verify the application of local condition(s) and of the updated mitigation measures applicable to the intended location(s) of the operation. (d) Once the competent authority of the MS of operation is satisfied, it should provide the competent authority of the MS of registration and the UAS operator with the confirmation of acceptability (refer to the template provided in [AMC1 Article 13(2)](#_DxCrossRefBm1295819135)) that the updated mitigation measures and procedures are satisfactory for the intended location(s). (e) After receiving the confirmation of acceptability, the UAS operator may start its operation. (f) The competent authority of the MS of registration should issue a revision of the operational authorisation listing the additional new location(s), and provide a copy of the revised operational authorisation to the MS of authorisation and to the UAS operator. (g) A UAS operator that holds a LUC with the appropriate privileges listed in its terms of reference may operate without following the above procedures. However, the UAS operator: (1) must provide to the MS of operation the application using the form provided in [AMC1 Article 13(1)](#_DxCrossRefBm1295819136), attaching the following: (i) a copy of the terms of approval received in accordance with point [UAS.LUC.050](#_DxCrossRefBm1295819133) of the Annex to the UAS Regulation; and (ii) the location(s) of the intended operation in accordance with paragraph 1(b) of [Article 13(1)](#_DxCrossRefBm1295819132) of the UAS Regulation. (2) If the LUC terms of reference include the privileges to assess the local conditions and to apply the mitigation measures in other locations, than the UAS operator may start the operation as soon as it has received confirmation of receipt and completeness of the application. (3) If the LUC terms of reference do not include the privileges to assess the local conditions and/or apply the mitigation measures in other locations, than the UAS operator may start the operation only after it has received the confirmation of acceptability (refer to the template provided in [AMC1 Article 13(2)](#_DxCrossRefBm1295819135)) that the updated mitigation measures and procedures are satisfactory for the intended location(s). --- [[148]](#_ftnref149) Consisting in compliance with the provisions defined in the applicable national regulations. Local conditions should be published by each MS.