Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory framework for the U-space (Text with EEA relevance)

CHAPTER I

PRINCIPLES AND GENERAL REQUIREMENTS

Article 1

Subject matter and scope

This Regulation shall apply, within the UAS geographical zones established as U-space airspace by Member States, to:

(a) operators of UAS;

(b) U-space service providers;

(c) providers of common information services.

This Regulation shall not apply to operations of UAS conducted:

(a) in the framework of model aircraft clubs and associations that have received an authorisation in accordance with Article 16 of Implementing Regulation (EU) 2019/947;

(b) in subcategory A1 of the ‘open’ category of operations with an unmanned aircraft that: (i) in the case of a privately built UAS, has a maximum take-off mass, including payload, of less than 250 g and a maximum operating speed of less than 19 m/s; or (ii) is marked as class C0 and complies with the requirements of that class, as defined in Part 1 of the Annex to Delegated Regulation (EU) 2019/945; or

(c) in accordance with SERA.5015 instrument flight rules of Implementing Regulation (EU) No 923/2012.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Implementing Regulation (EU) No 923/2012, Implementing Regulation (EU) 2017/373, Delegated Regulation (EU) 2019/945, and Implementing Regulation (EU) 2019/947 apply. The following definitions also apply:

(1) ‘U-space airspace’ means a UAS geographical zone designated by Member States, where UAS operations are only allowed to take place with the support of U-space services;

(2) ‘U-space service’ means a service relying on digital services and automation of functions designed to support safe, secure and efficient access to U-space airspace for a large number of UAS;

(3) ‘airspace risk assessment’ means an evaluation of operational, safety and security risks that takes into account the required levels of safety performance as defined in the European Plan for Aviation Safety and the State Safety Programme referred to in Articles 6 and 7 of Regulation (EU) 2018/1139, the type, complexity and density of the traffic, the location, altitudes or heights and the airspace classification;

(4) ‘common information service’ means a service consisting in the dissemination of static and dynamic data to enable the provision of U-space services for the management of traffic of unmanned aircraft;

(5) ‘principal place of business’ means the head office or registered office of a U-space or common information service provider in the Member State within which the principal financial functions and operational control of the service provider are exercised;

(6) ‘dynamic airspace reconfiguration’ means the temporary modification of the U-space airspace in order to accommodate short-term changes in manned traffic demand, by adjusting the geographical limits of that U-space airspace.

CHAPTER II

U-SPACE AIRSPACE AND COMMON INFORMATION SERVICES

Article 3

U-space airspace

All UAS operations in the U-space airspace shall be subject to at least the following mandatory U-space services:

(a) the network identification service referred to in Article 8;

(b) the geo-awareness service referred to in Article 9;

(c) the UAS flight authorisation service referred to in Article 10;

(d) the traffic information service referred to in Article 11.

For each U-space airspace, based on the airspace risk assessment referred to in paragraph 1 and using the criteria set out in Annex I, Member States shall determine:

(a) the UAS capabilities and performance requirements;

(b) the U-space services performance requirements;

(c) the applicable operational conditions and airspace constraints.

Member States shall give access to U-space service providers to the relevant data, if required for the application of this Regulation, as regards to:

(a) the UAS operators registration system, referred to in Article 14 of Implementing Regulation (EU) 2019/947, of the Member State in which U-space service providers offer their services; and

(b) UAS operators registration systems of other Member States through the repository of information referred to in Article 74 of Regulation (EU) 2018/1139.

Where Member States decide to establish a cross-border U-space airspace, they shall jointly decide on:

(a) the designation of the cross-border U-space airspace;

(b) the provision of cross-border U-space services;

(c) the provision of cross-border common information services.

Article 4

Dynamic airspace reconfiguration

Where a Member State designates a U-space airspace within controlled airspace, it shall ensure that the dynamic reconfiguration of the airspace within that U-space airspace as laid down in ATS.TR.237 of Implementing Regulation (EU) 2021/665 amending Regulation (EU) 2017/373 is applied in order to make sure that manned aircraft which are provided with an air traffic control service and UAS remain segregated.

Article 5

Common information services

Member States shall make the following data available as part of the common information services of each U-space airspace:

(a) horizontal and vertical limits of the U-space airspace;

(b) the requirements determined pursuant to Article 3(4);

(c) a list of certified U-space service providers offering U-space services in the U-space airspace, with the following information: (i) identification and contact details of active U-space service providers; (ii) U-space services provided; (iii) certification limitation(s), if any;

(d) any adjacent U-space airspace (s);

(e) UAS geographical zones relevant to the U-space airspace and published by Member States in accordance with Implementing Regulation (EU) 2019/947;

(f) static and dynamic airspace restrictions defined by the relevant authorities and permanently or temporarily limiting the volume of airspace within the U-space airspace where UAS operations can take place.

The providers of common information services shall ensure that the information referred to in paragraphs 1, 2 and 3:

(a) is made available in accordance with Annex II;

(b) complies with the necessary data quality, latency and protection requirements established in Annex III.

CHAPTER III

GENERAL REQUIREMENTS FOR UAS OPERATORS AND U-SPACE SERVICE PROVIDERS

Article 6

UAS operators

When operating in the U-space airspace, UAS operators shall:

(a) ensure that the UAS to be operated in the U-space airspace comply with the capabilities and performance requirements determined in accordance with Article 3(4)(a);

(b) ensure that during their operations, the necessary U-space services referred to in Article 3(2) and(3) are used, and their requirements complied with;

(c) comply with the applicable operational conditions and airspace constraints referred to in Article 3(4)(c).

Article 7

U-space service providers

U-space service providers shall:

(a) exchange any information that is relevant for the safe provision of U-space services amongst themselves;

(b) adhere to a common secure interoperable open communication protocol and use the latest information made available in accordance with Annex II;

(c) ensure that the information is exchanged in accordance with the data quality, latency and protection requirements set out in Annex III;

(d) ensure the access to and the necessary protection of the information exchanged.

U-space service providers shall report the following to the competent authority:

(a) the starting of operations after receiving the certificate referred to in Article 14;

(b) the ceasing and subsequent restart of operations, if applicable.

CHAPTER IV

U-SPACE SERVICES

Article 8

Network identification service

The network identification service shall allow for the authorised users to receive messages with the following content:

(a) the UAS operator registration number;

(b) the unique serial number of the unmanned aircraft or, if the unmanned aircraft is privately built, the unique serial number of the add-on;

(c) the geographical position of the UAS, its altitude above mean sea level and its height above the surface or take-off point;

(d) the route course measured clockwise from true north and the ground speed of the UAS;

(e) the geographical position of the remote pilot or, if not available, the take-off point;

(f) the emergency status of the UAS;

(g) the time at which the messages were generated.

The authorised users shall be:

(a) the general public as regards information that is deemed public in accordance with applicable Union and national rules;

(b) other U-space service providers in order to ensure the safety of operations in the U-space airspace;

(c) the air traffic services providers concerned;

(d) when designated, the single common information service provider;

(e) the relevant competent authorities.

Article 9

Geo-awareness service

A geo-awareness service consisting of the following geo-awareness information shall be provided to UAS operators:

(a) information on the applicable operational conditions and airspace constraints within the U-space airspace;

(b) UAS geographical zones, relevant to the U-space airspace;

(c) temporary restrictions applicable to airspace use within the U-space airspace.

Article 10

UAS flight authorisation service

Where U-space service providers receive from the UAS operator an UAS flight authorisation request, they shall:

(a) check if the UAS flight authorisation request is complete and correct and submitted in accordance with Annex IV;

(b) accept the UAS flight authorisation request if the flight under the UAS flight authorisation is free of intersection in space and time with any other notified UAS flight authorisations within the same U-space airspace in accordance with the priority rules set out in paragraph 8;

(c) notify the UAS operator about the acceptance or rejection of the UAS flight authorisation request;

(d) when notifying the UAS operator about the acceptance of the UAS flight authorisation request, indicate the allowed UAS flight authorisation deviation thresholds.

Article 11

Traffic information service

The traffic information service shall provide information about other known air traffic and shall:

(a) include the position, time of report as well as speed, heading or direction and emergency status of aircraft, when known;

(b) be updated at a frequency that the competent authority has determined.

Article 12

Weather information service

When providing a weather information service, U-space service providers shall:

(a) collect weather data, provided by trusted sources, to maintain safety and support operational decisions of other U-space services;

(b) provide the UAS operator with weather forecasts and actual weather information either before or during the flight.

The weather information service shall include, as a minimum:

(a) wind direction measured clockwise through the true north and speed in metres per second, including gusts;

(b) the height of the lowest broken or overcast layer in hundreds of feet above ground level;

(c) visibility in metres and kilometres;

(d) temperature and dew point;

(e) indicators of convective activity and precipitation;

(f) the location and time of the observation, or the valid times and locations of the forecast;

(g) appropriate QNH with geographical location of its applicability.

Article 13

Conformance monitoring service

CHAPTER V

CERTIFICATION OF U-SPACE SERVICE PROVIDERS AND SINGLE COMMON INFORMATION SERVICE PROVIDERS

Article 14

Application for a certificate

Article 15

Conditions for obtaining a certificate

U-space service providers and, when designated, single common information service providers shall be granted certificates if they demonstrate that they:

(a) are able to provide their services in a safe, secure, efficient, continuous and sustainable manner, consistent with the intended UAS operations and in compliance with the level of performance established by the Member States for the U-space airspace in accordance with Article 3(4);

(b) use systems and equipment that guarantee the quality, latency and protection of the U-space or common information services in accordance with this Regulation;

(c) have the appropriate net capital commensurate with the costs and risks associated with the provision of U-space or common information services;

(d) are able to report occurrences in accordance with point ATM/ANS.OR.A.065 in Subpart A of Annex III to Implementing Regulation (EU) 2017/373;

(e) implement and maintain a management system in accordance with Subpart B of Annex III to Implementing Regulation (EU) 2017/373;

(f) implement and maintain a security management system in accordance with point ATM/ANS.OR.D.010 in Subpart D of Annex III to Implementing Regulation (EU) 2017/373 and an information security management system in accordance with Annex II (Part-IS.I.OR) to Implementing Regulation (EU) 2023/203;

(g) retain for a period of, at least 30 days, recorded operational information and data or longer, where the recordings are pertinent to accident and incident investigations until it is evident that they will no longer be required;

(h) have a robust business plan indicating that they can meet their actual obligations to provide services in a continuous manner for a period of at least 12 months from the start of operations;

(i) have in place arrangements to cover liabilities related to the execution of their tasks appropriate to the potential loss and damage;

(j) where they avail themselves of services of another service provider, they have the agreements concluded to that effect, specifying the allocation of liability between them;

(k) have developed a contingency plan in the case of events, including security breaches impacting the delivery of services, which result in significant degradation or interruption of their operations;

Article 16

Validity of the certificate

A U-space service provider or a single common information service provider certificate shall cease to be valid if the holder of the certificate has:

(a) not started operations within 6 months after the certificate was issued;

(b) ceased operations for more than 12 consecutive months.

CHAPTER VI

GENERAL AND FINAL PROVISIONS

Article 17

Capabilities of the competent authorities

Competent authorities shall have the technical and operational capacity and expertise to fulfil their obligations under Article 18. To this end, they shall:

(a) have appropriately documented procedures, and adequate resources;

(b) employ personnel with sufficient knowledge, professional integrity, as well as experience and training to perform their allocated tasks;

(c) take any action required to contribute to the safe, efficient and secure operations of UAS in the U-space airspace under their responsibility.

Article 18

Tasks of the competent authorities

The designated competent authorities shall:

(a) establish, maintain and make available a registration system for certified U-space service providers and single common information service providers;

(b) determine what traffic data, whether live or recorded, U-space service providers, single common information service providers and air traffic service providers are to make available to authorised natural and legal persons, including the required frequency and the quality level of data, without prejudice to personal data protection regulations;

(c) determine the level of access to the information for different users of the common information, and ensure it is made available in accordance with Annex II;

(d) ensure that data exchanges between air traffic service providers and U-space service providers are made in accordance with Annex V;

(e) define the manner for natural and legal persons to apply for a U-space service provider or single common information service provider certificate in accordance with Chapter V;

(f) establish a mechanism to coordinate with other authorities and entities, including at local level, the designation of U-space airspace, the establishment of airspace restrictions for UAS within that U-space airspace and the determination of the U-space services to be provided in the U-space airspace;

(g) establish a certification and continuous risk-based oversight programme, including the monitoring of the operational and financial performance, commensurate with the risk associated with the services being provided by the U-space service providers and single common information service providers under their oversight responsibility;

(h) require the providers of common information and U-space service providers to make available all necessary information to ensure that the provision of U-space services contribute to safe operations of aircraft;

(i) carry out audits, assessments, investigations and inspections of the U-space service providers and single common information service providers as established in the oversight programme;

(j) take into account the required levels of safety performance when defining the requirements for each U-space airspace that have been subject to an airspace risk assessment as referred to in Article 3(1);

(k) regularly monitor and assess the levels of safety performance and use the results of the monitoring of safety performance in particular within their risk-based oversight;

(l) establish, implement and maintain an information security management system in accordance with Annex I (Part-IS.AR) to Implementing Regulation (EU) 2023/203.

Article 19

Entry into force and application

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 26 January 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

A. Criteria for the definition of UAS capabilities and performance requirements

To determine the UAS capabilities and performance requirements in accordance with Article 3(4)(a), the Member States shall take the following criteria into account:

B. Criteria for the definition of U-space services performance requirements