Commission Delegated Regulation (EU) 2024/1108 of 13 March 2024 amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Delegated Regulation (EU) 2019/945 as regards unmanned aircraft systems and third-country operators of unmanned aircraft systems

‘1 Products, parts, appliances, control and monitoring units and control and monitoring unit components shall be issued with certificates as specified in Annex I (Part 21).’

‘1 An organisation responsible for the design of products, parts, appliances, control and monitoring units and control and monitoring unit components, or for changes or repairs thereto, shall demonstrate its capability in accordance with Annex I (Part 21).’

‘1 An organisation responsible for the manufacture of products, parts, appliances, control and monitoring units and control and monitoring unit components shall demonstrate its capability in accordance with Annex I (Part 21). This demonstration of capability is not required for the parts, appliances or control and monitoring unit components that an organisation manufactures which, in accordance with Annex I (Part 21), are eligible for installation in a type-certified product without the need to be accompanied by an authorised release certificate (EASA Form 1).t

2 By way of derogation from paragraph 1, a manufacturer whose principal place of business is in a non-Member State may demonstrate its capability by holding a certificate issued by that State for the product, part, appliance, control and monitoring unit and control and monitoring unit component for which it applies, provided that both of the following conditions are fulfilled: (a) that State is the State of manufacture; (b) the Agency has determined that the system of that State includes the same independent level of checking of compliance as provided for by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.’

‘1 The design, production and maintenance of UAS that meets any of the following conditions shall be certified: (a) it has a characteristic dimension of 3 m or more, and is designed to be operated over assemblies of people unless the UA is lighter than air; (b) it is designed for transporting people; (c) it is designed for the purpose of transporting dangerous goods and requiring a high level of robustness to mitigate the risks to third parties in case of an accident; (d) it is intended to be used in the ‘specific’ category of operations as defined in Article 5 of Implementing Regulation (EU) 2019/947 and the competent authority has concluded, in accordance with Article 12(1) of Regulation (EU) 2019/947, on the basis of the risk assessment conducted by UAS operator in accordance with Article 11 of that Regulation, that the risk of the operation cannot be adequately mitigated without the certification of the UAS.’

‘1a Paragraph 1 does not apply to UAS that are specifically designed or modified for research, experimental or scientific purposes, and are likely to be produced in very limited numbers. The operation of such UAS will be subject to a permit to fly in accordance with Subpart B of Annex I of Regulation (EU) No 748/2012.’

‘2 An UAS that meets the conditions specified in paragraph 1 shall comply with the applicable requirements laid down in Commission Regulation (EU) No 748/2012, Commission Regulation (EU) 2015/640 and Commission Delegated Regulation (EU) 2024/1107.

‘2a UAS certified for reasons other than those specified in paragraph 1 shall comply with the applicable requirements laid down in Regulation (EU) No 748/2012 and in Regulation (EU) 2015/640.’

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 May 2025.