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UNMANNED AIRCRAFT Prepared by: Hedi Charfadi 1
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UNMANNED AIRCRAFT - acao.org.maacao.org.ma/programmes/1525250933_2.pdf · 2.Principles applicable to all UAS operations •1. Safety rules shall be proportionate to the risk of the

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Page 1: UNMANNED AIRCRAFT - acao.org.maacao.org.ma/programmes/1525250933_2.pdf · 2.Principles applicable to all UAS operations •1. Safety rules shall be proportionate to the risk of the

UNMANNED AIRCRAFT

Prepared by:

Hedi Charfadi

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Page 2: UNMANNED AIRCRAFT - acao.org.maacao.org.ma/programmes/1525250933_2.pdf · 2.Principles applicable to all UAS operations •1. Safety rules shall be proportionate to the risk of the

• 1.Definitions

• 2.Principles applicable to all UAS operations

• 3.UAS operations conducted in theframework of model clubs and associations

• 4.Registration of UAS operators and their UA

• 5.Designation of the competent authority

• 6.Tasks of the competent authority

• 7.Airspace conditions for UAS operations

• 8.Safety information

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Subject matter and scope

• This Regulation lays down rules andprocedures for:

• (a) the ‘open’ and ‘specific’ categories of UASoperations within the single European skyairspace;

• (b) the registration of UAS operators andunmanned aircraft (UA).

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Definitions

• Unmanned aircraft system (UAS) operationsshould be regulated based on the nature andrisk of the operation or activity. For theseoperations, which are divided into twoseparate categories, the ‘open’ and ‘specific’categories of UAS operations, proportionaterequirements should be applicable andadapted to the level of risk identified for eachcategory

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• unmanned aircraft system (UAS)’ means the unmanned aircraft (UA) and the equipment to control the UA remotely;

• ‘open category’ means a category of UASoperation that, considering the low riskinvolved, requires neither a priorauthorisation by the competent authority nora declaration by the UAS operator before theoperation takes place;

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• specific” category’ means a category of UASoperation that, considering the risks involved,requires an authorisation by the competentauthority before the operation takes place,taking into account the mitigation measuresidentified in an operational risk assessment,except for certain standard scenarios forwhich a declaration by the UAS operator issufficient;

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• 4. ‘unmanned aircraft system (UAS) operator’means any legal or natural person who operatesor intends to operate one or more UAS;

• 5. ‘unmanned aircraft (UA)’ means any aircraftoperating or designed to operate autonomouslyor to be piloted remotely without a pilot onboard;

• 6. ‘equipment to control unmanned aircraftremotely’ means any instrument, equipment,mechanism, apparatus, appurtenance, softwareor accessory that is necessary for the safeoperation of a UA, other than a part, and which isnot carried on board that UA;

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7.specific operations risk assessment (SORA)’means the methodology to assess the risks ofa UAS operation in the ‘specific’ category, anddetermine the corresponding mitigationmeasures;

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2.Principles applicable to all UAS operations

• 1. Safety rules shall be proportionate to therisk of the operation.

• 2. The operator of the UAS is responsible forthe safety of its operations.

• 3. The remote pilot is responsible for the safeconduct of each individual UA flight.

• 4. UAS operators shall be registered inaccordance with Article 7 of this Regulation.

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• The ‘open’ category of UAS operations

• The ‘open’ category of UAS operations shall comply with therequirements of Subpart A of the Annex (Part-UAS) to thisRegulation.

• The ‘specific’ category of UAS operations• A UAS operation in the ‘specific’ category shall be subject to a prior

operational risk assessment and to the application of the identifiedmitigation measures, in accordance with:

• 1. The requirements of Subpart B of the Annex (Part-UAS) to thisRegulation;

• 2. The declaration made in accordance with a standard scenario,except when the UAS operator holds an LUC with privileges toauthorise its own operations in accordance with Subpart C of theAnnex (Part-UAS) to this Regulation; or

• 3. The authorisation issued by the competent authority, or by a UASoperator that holds an LUC with privileges to authorise its ownoperations in accordance with Subpart C of the Annex (Part-UAS) tothis Regulation.

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3.UAS operations conducted in the framework of model clubs and associations

• For UAS operations conducted in the framework of model clubs or associations, the following apply:

• 1. The competent authority may issue an operational authorisation, in accordance with UAS.SPEC.040, to a model club or association without further demonstration of compliance, on the basis of the model club’s or association’s established procedures, organisationalstructure, and management system;

• 2. Operational authorisations granted under this Article shall include the conditions and limitations of, as well as the deviations from, the requirements of the Annex (Part-UAS) to this Regulation;

• 3. This authorisation shall be limited to the territory of the Member State where the authorisation was issued.

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4.Registration of UAS operators and their UA

• 1. Each operator shall register itself, and where applicable, its UA, in theMember State where the operator has its principal place of business or placeof residence in accordance with Subpart A and Subpart B of the Annex (Part-UAS) to this Regulation.

• 2. Each registered UAS operator shall obtain a registration number accordingto the format defined by EASA.

• 3. The competent authority shall ensure that their registries are digital andinteroperable. Records shall be updated, accurate, secure and accessible inreal time by authorised authorities, organisations or persons.

• 4. If a The competent authority designates one or more entities, different fromthe competent authority referred to in Article 8(1), then:

• (a) the areas of competence of each entity or competent authority shall beclearly defined; and

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• (b) coordination shall be established between the designatedentities and the competent authorities to ensure the effective

implementation of this Regulation.

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5.Designation of the competent authority

• A competent authority shall be designated with the followingresponsibilities:

• (a) issue certificates of remote pilot competency;• (b) issue authorisations, acknowledge receipt of declarations, and

oversee ‘specific’ category UAS operations;• (c) establish airspace restrictions;• (d) enforce this Regulation in respect of UAS operators and remote

pilots.• 2. If more than one entity as a competent authority designated:• (a) the areas of competence of the competent authority shall be

clearly defined; and• (b) coordination shall be established between the designated

competent authorities and the entities referred to in Article 7(4) toensure the effective implementation of this Regulation.

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• 3. The competent authority shall:

• (a) have a suitable organisational structure,appropriately documented procedures, and adequateresources; and

• (b) employ or have access to personnel with sufficientknowledge, professional integrity, experience andtraining to perform the allocated tasks.

• 4. Member States shall ensure that the personnel ofthe competent authority do not perform activitiesrelated to this Regulation when there is evidence thatthis could result,

• directly or indirectly, in a conflict of interest, inparticular when related to their family or financialinterests.

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6.Tasks of the competent authority

• In the framework of the competencies allocated by the Member States inaccordance with Articles 7 and 8 of this Regulation, the competentauthority shall:

• 1. examine documents, records and reports relevant to UAS operations,remote pilots or UAS operators;

• 2. develop a risk-based oversight system for UAS operators who hold adeclaration, an authorisation or a certificate for a UA, in which auditplanning is driven by the risk profile and the safety performance of theorganisation and in which execution of the audits focuses on riskmanagement in addition to compliance;

• 3. provide guidance for the community of UAS operators that is intendedto promote the safety of UAS operations, including the dissemination ofany updated regulations that affect UAS operations;

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• 4. inspect, as required, UAS, remote pilots, and UAS operators to assesstheir compliance with this Regulation;

• 5. have a system to detect and analyse any non-compliance of declaredUAS operators, or of UAS operators that it has authorised or certified;

• 6. issue, maintain, amend, suspend, limit or revoke authorisations, andissue, suspend, or revoke certificates required to carry out UAS operationsin the ‘open’ and ‘specific’ categories, or impose other measures orsanctions, as necessary;

• 7. establish, maintain and keep updated, secure and accessible in real timeby authorised persons, one or more registers of operational declarations,operational authorisations, certificates of remote pilot competency andLUCs;

• 8. disseminate safety information, when necessary.

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7.Airspace conditions for UAS operations

• 1. The competent authority may establish airspacerestrictions on zones in which one or more of thefollowing conditions applies:

• (a) certain UAS operations are not permitted withoutprior authorisation or are not permitted at all;

• (b) access is only allowed for certain UAS classes;

• (c) access is only allowed for UAS equipped withelectronic identification and/or geo-awarenesssystems;

• (d) UAS operations comply with the specifiedenvironmental standards.

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• 2. The competent authority may defineairspace in which UAS operations areexempted from one or more of the ‘open’category requirements of this Regulation, andin which operators are not required to hold anauthorisation or submit a declaration.

• 3. The competent authority shall publish theinformation on airspace established inaccordance with paragraphs 1 or 2 of thisArticle, as well as on how, if required,authorisation may be obtained.

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LIGHT UAS OPERATOR CERTIFICATE (LUC)

• UAS.LUC.010 General requirements for an LUC• 1. Any legal person shall be eligible to apply for

an LUC under this Subpart.• 2. An application for an LUC or for an amendment

to an existing LUC shall be submitted to thecompetent authority in a format and mannerestablished by EASA.

• 3. An LUC holder may be granted the privilege toauthorise its own operations if the requirementsof this Subpart are met, in accordance withUAS.LUC.060.

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• UAS.LUC.020 Responsibilities of the LUC holder • The LUC holder shall:• 1. ensure that the requirements of UAS.SPEC.050,

UAS.SPEC.060 and UAS.SPEC.070 are met;• 2. comply with the scope and privileges defined

in its terms of approval;• 3. establish and maintain a system for exercising

operational control over any operation conductedunder the terms of its LUC;

• 4. carry out an operational risk assessment of theintended operation, in accordance withUAS.SPEC.020, when it is not fully addressed by astandard scenario issued by EASA or if EASA hasnot issued a standard scenario for that operation;

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• 5. for operations conducted using the privilegesin accordance with UAS.LUC.060, keep records of:

• (a) the operational risk assessment, whenrequired according to paragraph 4, and itssupporting documentation;

• (b) all supporting documents as required by thestandard scenario related to the operationconducted;

• (c) mitigation measures taken; and

• (d) the qualifications and experience of personnelinvolved in the UAS operation, compliancemonitoring and safety management.

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• UAS.LUC.030 Safety management system • 1. A UAS operator, who applies for an LUC, shall establish,

implement and maintain a safety management systemcorresponding to the nature and complexity of its activities thatincludes:

• (a) a safety policy describing the overall philosophies and principlesof the organisation with regard to safety, and related safetyobjectives to form the basis for safety performance monitoring

• (b) clearly defined lines of responsibility and accountabilitythroughout the organisation, including the direct safetyaccountability of the accountable manager;

• (c) procedures for maintaining personnel trained and competent toperform their tasks;

• (d) the identification of safety hazards entailed by the activities ofthe UAS operator, their evaluation and the management of theassociated risks, including taking action to mitigate those risks andverify the effectiveness of the action;

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• (e) documentation of all safety management systemkey processes, including a process for makingpersonnel aware of their responsibilities and of theprocedure for amending this documentation;

• (f) an independent function to monitor the complianceof the UAS operator with the relevant requirements ofthis Regulation, including a system to provide feedbackof findings to the accountable manager to ensureeffective implementation of corrective measures asnecessary; and

• (g) a function to ensure that safety risks inherent to aservice or product delivered through subcontractorsare assessed and mitigated under the operator’s safetymanagement system.

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• 2. The following key safety personnel shall be partof the operator’s safety management system:

• (a) an accountable manager responsible forestablishing, implementing and maintaining aneffective safety management system;

• (b) a safety manager responsible for coordinatingthe safety management system; and

• (c) one or more persons with the responsibility ofensuring that the UAS operator remains at alltimes in compliance with the requirements of thisRegulation

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• UAS.LUC.040 LUC manual• 1. An LUC holder shall provide an LUC manual to the

competent authority, describing directly or by crossreference its organisation, the relevant procedures andthe activities carried out.

• 2. If any activity is carried out by partner organisations orsubcontractors, the LUC manual shall include a relevantstatement as well as written procedures on how the LUCholder shall manage the relationship with those partnerorganisations or subcontractors.

• 3. The LUC manual shall be amended as necessary toretain an up-to-date description of the LUC holder’sorganisation, and copies of amendments shall beprovided to the competent authority.

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• 4. The UAS operator shall distribute the relevant parts of theLUC manual to all its personnel in accordance with theirfunctions.

• 5. The content of the LUC manual shall not contravene theterms of approval and the privileges granted to the LUCholder.

• UAS.LUC.050 Terms of approval of the LUC holder

• 1. The competent authority shall issue an LUC in amanner and format established by EASA after it issatisfied that the UAS operator complies withUAS.LUC.020, UAS.LUC.030 and UAS.LUC.040.

• 2. The terms of approval shall include the UAS operator’sprivileges, authorised activities and operationallimitations, as appropriate.

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• UAS.LUC.060 Privileges of the LUC holder • When satisfied with the documentation provided, the

competent authority shall:• 1. within its terms of approval, grant the LUC holder the

privilege to authorise its own operations, in a manner andformat established by EASA;

• 2. identify in the LUC the privileges granted to the UASoperator

• UAS.LUC.070 Changes in the LUC management system • After the issue of an LUC:• 1. any change in the terms of approval of the UAS

operator; or• 2. any significant change to the elements of the LUC

holder safety management system as required byUAS.LUC.030,

• shall require prior approval by the competent authority.

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• UAS.LUC.080 Duration and validity of an LUC • 1. An LUC shall be issued for an unlimited duration. It shall be

valid subject to:

• (a) the LUC holder remaining in compliance with the relevantrequirements of this Regulation and of the Member State thathas issued the certificate; and

• (b) it not being surrendered or revoked.

• 2. Upon revocation or surrender, the LUC shall be returned tothe competent authority without delay

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8.Safety information

• Competent authorities and marketsurveillance authorities, as designatedaccording to Regulation shall cooperate onsafety matters, and establish procedures foran efficient exchange of safety information

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• 2. Each UAS operator shall report to thecompetent authority any occurrence and anyother safety-related information regarding itsUAS.

• 3. The competent authorities shall collect,analyse and disseminate safety informationconcerning UAS operations in their territory inaccordance with

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• the competent authority shall immediatelynotify all persons or organisations.

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Thank You

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