2024/2103
1.8.2024
COMMISSION IMPLEMENTING DECISION (EU) 2024/2103
of 30 July 2024
on harmonised standard for direct remote identification for unmanned aircraft drafted in support of Delegated Regulation (EU) 2019/945
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,
Whereas:
(1) In accordance with Article 12 of Commission Delegated Regulation (EU) 2019/945 (2), a product which is in conformity with harmonised standards or parts thereof, the references of which have been published in the
Official Journal of the European Union
, is to be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Parts 1 to 6, 16 and 17 of the Annex to that Delegated Regulation.
(2) By Commission Implementing Decision C(2020) 6148 (3) the Commission made a request to the European Committee for Standardization (CEN) for the drafting of harmonised standards in support of Delegated Regulation (EU) 2019/945 (the ‘request’).
(3) On the basis of the request CEN drafted the harmonised standard EN 4709-002:2023 addressing the direct remote identification requirements applicable to Unmanned Aircraft Systems and to direct remote identification add-ons.
(4) The Commission together with CEN has assessed whether the harmonised standard EN 4709-002:2023 complies with the request.
(5) Given that harmonised standard EN 4709-002:2023 does not adequately cover the requirements set out in Part 2, point (12)(b), Part 3, point (14)(b), Part 4, point (9)(b), and Part 6 point (3) of the Annex to Delegated Regulation (EU) 2019/945 concerning the capability of the direct remote identification signal to be received directly by existing mobile devices, the reference to that standard should be published in the
Official Journal of the European Union
with restriction.
(6) Compliance with a harmonised standard confers a presumption of conformity with the corresponding requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the
Official Journal of the European Union
. This Decision should therefore enter into force on the day of its publication,
HAS ADOPTED THIS DECISION:
Article 1
The reference of the harmonised standard for direct remote identification of unmanned aircraft systems drafted in support of Delegated Regulation (EU) 2019/945 listed in the Annex to this Decision is hereby published in the
Official Journal of the European Union
with restriction.
Article 2
This Decision shall enter into force on the day of its publication in the
Official Journal of the European Union
.
Done at Brussels, 30 July 2024.
For the Commission
The President
Ursula VON DER LEYEN
(1)
OJ L 316, 14.11.2012, p. 12
, ELI:
http://data.europa.eu/eli/reg/2012/1025/oj
.
(2) Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (
OJ L 152, 11.6.2019, p. 1
, ELI:
http://data.europa.eu/eli/reg_del/2019/945/oj
).
(3) Commission Implementing Decision C (2020) 6148 of 11 September 2020 on a standardisation request to the European Committee for Standardisation as regards unmanned aircraft systems intended to be operated in the ‘open’ category of operations in support of Commission Delegated Regulation (EU) 2019/945.
ANNEX
|
No |
Reference of the standard |
|
1 |
EN 4709-002:2023 Aerospace series – Unmanned Aircraft Systems – Part 002: Direct Remote identification Restriction: Harmonised standard EN 4709-002:2023 does not confer a presumption of conformity with the requirements set out in Part 2(12)(b), Part 3(14)(b), Part 4(9)(b), and Part 6(3) of the Annex to Regulation (EU) 2019/945 which require the direct remote identification function to broadcast the signal ‘in a way that it can be received directly by existing mobile devices within the broadcasting range’. |
ELI: http://data.europa.eu/eli/dec_impl/2024/2103/oj
ISSN 1977-0677 (electronic edition)
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