Answer given by Ms Vălean on behalf of the European Commission
26.4.2021
The aircraft models fall within the definition of Unmanned Aircraft (UA) set out in Article 3(30) of the new Regulation (EU) 2018/1139 on common rules in the field of civil aviation safety[1], as ‘any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board’.
Therefore, in principle aircraft models are subject to the same rules as any other unmanned aircraft, whether privately built or purchased. However, as recognised by Recital 34 of Regulation (EU) 2018/1139, the Commission Implementing Regulation (EU) 2019/947[2] does not impose any operational requirements for model aircraft operations conducted in the framework of model aircraft clubs and associations given their demonstrated good safety levels.
Furthermore, under Article 21(3), existing operations conducted in the framework of model aircraft clubs and associations can continue in accordance with relevant national rules and without an authorisation required by draft Article 16, until three years after the 31 January 2020, which is the date of applicability of the Commission Implementing Regulation.
The members of model aircraft clubs and associations only have to register themselves in accordance with Article 14, or alternatively, if Member States provide for such a possibility, model aircraft clubs and associations may register their members in the registration systems established under Article 14.
- [1] Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 216/2008 and (EC) No 552/2004 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91, OJ L 212, 22.8.2018, p. 1.
- [2] Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft, OJ L 152, 11.6.2019, p. 45 .