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Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council as regards competent authority requirements and administrative procedures for the certification, oversight and enforcement of the continuing airworthiness of certified unmanned aircraft systems, and amending Implementing Regulation (EU) 2023/203

CELEX
32024R1109
Document type
REG_IMPL
Sector
Legislation
Date of document
2024-04-10
In force since
2025-05-01
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Subject matter and scope

This Regulation establishes the rules and procedures to be applied by the competent authorities for the assessment of compliance with the detailed continuing airworthiness requirements laid down in Delegated Regulation (EU) 2024/1107.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply: (a) ‘unmanned aircraft system (UAS)’ means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit; (b) ‘control and monitoring unit (CMU)’ means the equipment to control unmanned aircraft remotely, as defined in Article 3(32) of Regulation (EU) 2018/1139; (c) ‘component’ means any engine, propeller or part of the unmanned aircraft (UA), or any element of the control and monitoring unit; (d) ‘continuing airworthiness’ means all of the processes ensuring that, at any time in its operating life, the unmanned aircraft system complies with the applicable airworthiness requirements and is in a condition for safe operation; (e) ‘maintenance’ means any one or a combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an unmanned aircraft system or component, with the exception of pre-flight inspection; (f) ‘organisation’ means a natural person, a legal person or part of a legal person, which may be established at more than one location whether or not within the territory of the Member States; (g) ‘pre-flight inspection’ means the inspection carried out before flight to ensure that the unmanned aircraft is fit for the intended flight; (h) ‘principal place of business’ means the head office or the registered office of the undertaking from which the principal financial functions and the operational control of the activities referred to in this Regulation are exercised.

Article 3 Competent authorities

1 A Member State shall designate one or more entities as the competent authority with the necessary powers and allocated responsibilities for the performance of certification, oversight and enforcement tasks in accordance with this Regulation and with Delegated Regulation (EU) 2024/1107.

2 The administration and management systems of the competent authority of a Member State referred to in paragraph 1 and of the Agency shall comply with the requirements set out in the Annex.

3 When a Member State designates more than one entity as competent authority the following requirements shall be complied with: (a) the areas of competence of each entity shall be clearly defined, in particular in terms of responsibilities and geographic limitations; (b) coordination shall be established between those entities in order to ensure the effective performance of certification, oversight and enforcement tasks within their respective areas of competence.

4 When it is necessary to perform certification, oversight or enforcement tasks, the competent authority shall be empowered to: (a) examine the records, data, procedures, and any other material relevant to the performance of certification, oversight or enforcement tasks; (b) make copies or extracts from such records, data, procedures and other material; (c) request an oral explanation on-site from any of the personnel of those organisations; (d) access relevant premises, operating sites or means of transport; (e) perform audits, investigations, assessments, inspections, including unannounced inspections, in respect of those organisations; (f) take or initiate enforcement measures as appropriate.

5 The powers referred to in paragraph 4 shall be exercised in compliance with the applicable legal provisions of the relevant Member State.

Article 4 Amendments to Implementing Regulation (EU) 2023/203

‘3a This Regulation also applies to the competent authority designated in accordance with Annex I (Part-AR.UAS) to Commission Implementing Regulation (EU) 2024/1109.

‘2 The competent authorities referred to in Article 2(2), (3) and (3a) shall comply with the requirements of Annex I (Part-IS.AR) to this Regulation.’

Article 5 Entry into force and applicability

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. However, points AR.UAS.GEN.125(c), AR.UAS.GEN.135A, AR.UAS.GEN.200(e) and AR.UAS.GEN.205(c) of the Annex shall apply from 22 February 2026.

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