GM1 Article 13 Cross-border operations or operations outside the state of registration

GENERAL The picture below illustrates an example of an authorisation, already provided by the competent authority, to conduct an operation in the Member State of registration, which is used to conduct the same operation in another Member State: [Figure or form omitted from this preview — available in the Avioverse workspace library.]

In the example, the UAS operator receives the authorisation from the competent authority of the Member State of registration where the mitigation measures are listed, and they may be adapted to the characteristics of the area of operation (e.g. the ground risk may be mitigated by flying over a river). When the UAS operator intends to conduct the same operation in another Member State, a copy of the authorisation issued by the competent authority of the Member State of registration needs to be sent to the NAA of the Member State of the UAS operations. A number of elements of the mitigation measures may remain valid, such as the way the operator is organised, the competences of the pilot, or the characteristics of the UAS, for example. Other elements instead need to be adapted to the geography of the area of operation (e.g. the operations cannot be conducted mostly over the river, or it is necessary to identify a flight path meeting the equivalent conditions in terms of the ground risk, the local airspace, terrain and climate). On these points and also on the airspace, terrain and climate, the UAS operators are expected to review and possibly update the mitigation means, but only in relation to those elements. The competent authority of the Member State of operation is not expected to review the full risk assessment, but to limit its activity to checking and providing the UAS operator and the competent authority of the Member State of registration with confirmation that the updated mitigation measures are satisfactory. Upon receipt of the confirmation, the UAS operator may start operating immediately, and the competent authority of registration will update the authorisation. The picture below illustrates an example of the case when an operation complying with one of the STSs listed in Appendix 1 to the UAS Regulation is conducted in a Member State other than the state of registration: [Figure or form omitted from this preview — available in the Avioverse workspace library.]

The UAS operator firstly submits the declaration to the competent authority of the Member State of registration, which, if the declaration complies with the UAS Regulation, issues a confirmation of receipt and completeness. The UAS operator will then provide the competent authority of the Member State of operations with a copy of the declaration and the confirmation of completeness received by the competent authority of the Member State of registration. There is no need for further verification.