COMMISSION IMPLEMENTING REGULATION (EU) 2021/664
of 22 April 2021
on a regulatory framework for the U-space
Implementing Regulation (EU) 2021/664
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 3922/914 OJ L 212, 22.8.2018, p. 1., and in particular Article 57 and Article 62(14) and (15) thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2019/9455 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). and Commission Implementing Regulation (EU) 2019/9476 Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (OJ L 152, of 11.6.2019, p. 45). established a first set of detailed provisions for the harmonised operation of unmanned aircraft systems (‘UAS’) and minimum technical requirements for UAS.
(2) The rising number of UAS entering the airspace and increased complexity of operations of UAS beyond visual line of sight (BVLOS), initially at very low level, poses safety, security, privacy and environmental risks.
(3) In certain areas, such as primarily in those with an expected large number of simultaneous operations of UAS or areas where UAS operate alongside manned aircraft, the safe, secure and efficient integration of UAS in the airspace necessitates the introduction of additional specific rules and procedures for their operations and the organisations involved in those operations, as well as a high degree of automation and digitalisation.
(4) When Member States define UAS geographical zones for safety, security, privacy or environmental reasons as provided for in Implementing Regulation (EU) 2019/947, they may impose specific conditions for certain or all UAS operations or allow access only to UAS equipped with certain technical features.
(5) It is necessary to define a minimum set of requirements for the UAS operations in certain UAS geographical zones, which should be called U-space airspace for the purposes of this Regulation. The access by UAS operators to such U-space airspace should be conditional on the use of certain services (‘U-space services’) that allow the safe management of a large number of UAS operations, respecting also applicable security and privacy requirements.
(6) There should be minimum requirements for UAS operators and U-space service providers for equipment and performance of the UAS and for the services provided in the U-space airspace in order to ensure the safety of operations in that airspace.
(7) The rules and procedure applicable to UAS when operating in the U-space airspace should be proportionate to the nature and risk of the operations.
(8) In particular, since operations with unmanned aircraft with a maximum take-off mass of less than 250g and performed in visual line of sight (VLOS) are presenting a low risk, UAS operators should not be required to comply with the U-space airspace requirements as regards those operations. Similarly, considering their good safety record, model aircraft operations in the framework of authorised clubs and associations should be able to continue their operations as they do now, namely without the need to comply with the U-space airspace requirements.
(9) Harmonised rules for UAS operations in the U-space airspace, standardised services delivered to UAS operators as well as connectivity methods between providers of the common information services, the U-space service providers, the air traffic service provider and the UAS operators should be established to ensure the safe, secure and efficient operation of UAS, while facilitating the free movement of services linked to UAS as well as U-space service providers in the Union.
(10) Member States should establish U-space airspace and U-space airspace requirements, including additional U-space services with the support of a risk assessment in order to ensure the safety of UAS operations in that U-space airspace.
(11) Minimum coordination requirements between Member States should be introduced in case those Member States establish a cross-border U-space airspace in order to ensure the safety of UAS operations in that U-space airspace.
(12) In order to allow UAS to safely operate alongside manned aircraft, specific coordination procedures and communication facilities between relevant air traffic service units, U-space service providers and UAS operators are necessary. Those coordination procedures and communication facilities are laid down in Commission Implementing Regulation (EU) 2017/3737 Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1). as amended by Implementing Regulation (EU) 2021/6658 Commission Implementing Regulation (EU) 2021/665 of 22 April 2021 amending Implementing Regulation (EU) 2017/373 as regards requirements for providers of air traffic management/air navigation services and other air traffic management network functions in the U-space airspace designated in controlled airspace (see page 184 of this Official Journal)..
(13) Although military and State aircraft operations are excluded from the scope of this Regulation, there is a need to ensure safe separation of aircraft in the U-space airspace. Therefore, Member States should be able to define static and dynamic U-space airspace restrictions to enable such operations in a safe and efficient manner.
(14) Member States should ensure that common information services are made available for every U-Space airspace to enable non-discriminatory access to U-space airspace and services for UAS operators, with particular regard to safety. Member States should however be able to designate a single common information service provider to provide the common information services on an exclusive basis in respect of all or some of the U-space airspaces under their responsibility.
(15) The provision of common information services to U-space service providers should be timely and corresponding to the quality requirements laid down by this Regulation.
(16) This Regulation should establish requirements for common interoperable open communication protocols between authorities, service providers and UAS operators, as well as data quality, latency and protection requirements for the information exchanged, necessary for safe and interoperable operations in the U-space airspace.
(17) UAS operators should operate in U-space airspace only if they make use of the U-space services that are indispensable to ensure safe, secure, efficient and interoperable operations. U-space service providers should provide at least the following mandatory U-space services: a network identification service, a geo-awareness service, a UAS flight authorisation service and a traffic information service.
(18) A network identification service should provide the identity of UAS operators, and the location and flight vector of UAS during normal operations and in contingency situations, and share relevant information with other U-space airspace users.
(19) A geo-awareness service should provide UAS operators with the information about the latest airspace constraints and defined UAS geographical zones information made available as part of the common information services. In accordance with Implementing Regulation (EU) 2019/947, the establishment of UAS geographical zones should take into account safety, security, privacy and environmental requirements.
(20) A UAS flight authorisation service should ensure that authorised UAS operations are free of intersection in space and time with any other notified UAS flight authorisation within the same portion of U-space airspace.
(21) A traffic information service should alert UAS operators about other air traffic that may be present in proximity to their UAS.
(22) In order to allow unmanned aircraft to safely operate alongside manned aircraft in U-space airspace, rules providing for effective signalling of the presence of manned aircraft by means of surveillance technologies are necessary. Those rules are laid down in Commission Implementing Regulation (EU) No 923/20129 Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1). as amended by Implementing Regulation (EU) 2021/66610 Commission Implementing Regulation (EU) 2021/666 of 22 April 2021 amending Regulation (EU) No 923/2012 as regards requirements for manned aviation operating in U-space airspace (see page 187 of this Official Journal)..
(23) In order to ensure the safe operation in a given U-space airspace and with the support of a risk assessment, Member States should be able to require that other U-space services such as a weather information service and a conformance monitoring service are mandatory.
(24) A weather information service should support UAS operators during the flight planning and execution phases, as well as improve the performances of other U-space services provided in the U-space airspace.
(25) A conformance monitoring service should provide real-time alerting of non-conformance with the granted flight authorisation and inform the UAS operators when deviating from it.
(26) To ensure the provision of safe and high-quality U-space services, this Regulation lays down a common certification scheme for certifying U-space service providers and, when designated by Member States, for a single common information service provider, as well as a set of rules for regular monitoring of compliance with the applicable requirements.
(27) The tasks of the competent authorities designated by the Member States in accordance with Regulation (EU) 2018/1139 should be clearly defined.
(28) This Regulation should not apply to aircraft operations carrying out military, customs, police, search and rescue, firefighting, border control and coastguard or similar activities and services undertaken in the public interest, under the control and responsibility of a Member State or on behalf of a body vested with the powers of a public authority unless the Member State has decided pursuant to Article 2(6) of Regulation (EU) 2018/1139 to apply rules on unmanned aircraft to some or all of those activities.
(29) Safety management ensures the identification, assessment and minimisation of safety risks as well as security vulnerabilities, that have an impact on safety. Therefore, U-space services providers and single common information service providers should duly establish management systems to ensure the safe and secure operations of UAS in the U-space airspace.
(30) The U-space services providers and single common information service providers should establish a system of record keeping that allows adequate storage of the records and reliable traceability of all their activities, covering in particular all the elements of their management systems.
(31) In order to ensure the proper implementation of this Regulation, Member States and affected stakeholders should be given sufficient time to adapt their procedures to the new regulatory framework before this Regulation applies.
(32) The Agency prepared a draft implementing act and submitted it with Opinion No 01/202011 https://www.easa.europa.eu/document-library/opinions in accordance with Article 75(2), points (b) and (c) and Article 76(1) of Regulation (EU) 2018/1139.
(33) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139.
HAS ADOPTED THIS REGULATION: