Article 5 ‘Specific’ category of UAS operations

1.Where one of the requirements laid down in Article 4 or in Part A of the Annex is not met, a UAS operator shall be required to obtain an operational authorisation pursuant to Article 12 from the competent authority in the Member State where it is registered.

2.When applying to a competent authority for an operational authorisation pursuant Article 12, the operator shall perform a risk assessment in accordance with Article 11 and submit it together with the application, including adequate mitigating measures.

3.In accordance with point UAS.SPEC.040 laid down in Part B of the Annex, the competent authority shall issue an operational authorisation, if it considers that the operational risks are adequately mitigated in accordance with Article 12.

4.The competent authority shall specify whether the operational authorisation concerns:

(a)the approval of a single operation or a number of operations specified in time or location(s) or both. The operational authorisation shall include the associated precise list of mitigating measures;

(b)the approval of an LUC, in accordance with part C of the Annex.

5.Where the UAS operator submits a declaration to the competent authority of the Member State of registration in accordance with point UAS.SPEC.020 laid down in Part B of the Annex for an operation complying with a standard scenario set out in Appendix 1 to that Annex, the UAS operator shall not be required to obtain an operational authorisation in accordance with paragraphs 1 to 4 of this Article and the procedure laid down in paragraph 5 of Article 12 shall apply. The UAS operator shall use the declaration referred to in Appendix 2 to that Annex.

6.An operational authorisation or a declaration shall not be required for:

(a)UAS operators holding an LUC with appropriate privileges in accordance with point UAS.LUC.060 of the Annex;

(b)operations conducted in the framework of model aircraft clubs and associations that have received an authorisation in accordance with Article 16.