Article 1 — Subject matter and scope
Implementing Regulation (EU) 2021/664
1. This Regulation lays down rules and procedures for the safe operations of UAS in the U-space airspace, for the safe integration of UAS into the aviation system and for the provision of U‑space services.
2. 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.
3. 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:
(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.
GM1 Article 1(1) Subject matter and scope
ED Decision 2022/022/R
SCOPE — MILITARY AND STATE AIRCRAFT
(a) Although military and State aircraft operations are in principle excluded from the scope of Regulation (EU) 2018/113912 and its implementing and delegated acts, the safety of such operations is paramount when conducted in airspace that is subject to EU aviation safety regulations. In this context, the safe separation between military and State aircraft also in the U-space airspace is always expected during all stages of flight.
(b) It is recalled that when defining UAS geographical zones in accordance with Article 15 of Regulation (EU) 2019/94713, Member States should also consider other aspects than safety, such as security aspects. Indeed, a Member State could designate a U-space airspace in critical areas for security and/or defence reasons, including military and State aircraft operations.
(c) In this context, military and State aircraft authorities are partners in the decision-making process of the coordination mechanism (as per Article 18(f) of Regulation (EU) 2021/66414) for the designation of U-space to cover the safety and security aspects in a U-space airspace, from the initial ‘airspace risk assessment’ until the U-space is implemented and monitored.
(d) The involvement of military authorities in relation to U-space is considered key to guaranteeing the level of safety and security in the U-space airspace from both a ground and an air risk perspective.
(e) For example, military and State aircraft that conduct short-notice off-airfield landings while carrying out their assigned operations may require portions of the U-space to be adjusted or possibly deactivated. In this case, air traffic control units should apply the dynamic reconfiguration of the U-space airspace at short notice, if/when required by military and State aircraft, as necessary, in accordance with the principles of Article 4 of Regulation (EU) 2021/664.
GM2 Article 1(1) Subject matter and scope
ED Decision 2022/022/R
SCOPE — SUPPORT TO PASSENGER OPERATIONS
At this stage of the implementation, the U-space is not foreseen to support passenger operations, which are today carried out with manned VTOL-capable aircraft and which ultimately could be autonomously performed with e-VTOL UAS.
Indeed, the U-space system is intended to ensure the segregation of manned aircraft subject to air traffic control or the remain-well-clear spacing of manned aircraft not subject to air traffic control, including manned VTOL-capable aircraft. UAS operations currently foreseen in urban environments are UAS carrying payload or goods, but not humans. Therefore, today, the U-space regulatory framework has been designed and relies on the overall assumption that drone-to-drone collisions will ultimately have limited consequences.
The integration of UAS passenger-carrying operations will require the reassessment of the whole U‑space framework, with particular focus on:
(a) the acceptable level of safety (ALS) that will have to be strengthened in maintaining appropriate safety levels for manned aviation (i.e. to mitigate the risk of human casualties);
(b) complementary enablers/prerequisites that may be required to support the safety of such operations (e.g. additional mandatory U-space services and on-board functionalities).
GM1 Article 1(3) Subject matter and scope
ED Decision 2022/022/R
(a) The scope of Regulation (EU) 2021/664 is limited to unmanned aircraft, as well as to natural and legal persons involved in their operation; in the context of this Regulation: UAS operators, U‑space service providers (USSPs), and common information services (CIS).
(b) Therefore, the requirements on ATS providers or the requirements related to manned aircraft operations are not included in this Regulation. Instead, the provisions pertaining to ATS providers are included in a dedicated amendment to Regulation (EU) 2017/37315 through Regulation (EU) 2021/665. The provisions related to manned aircraft are included in a dedicated amendment to Regulation (EU) No 923/201216 (the SERA Regulation) through Regulation (EU) 2021/666 on implementing acts as regards air operations as well as the use of airspace and the design of airspace structures respectively.
(c) Regulation (EU) 2021/664 does not apply to the following UAS operations for the following reasons:
(1) model aircraft operating in the framework of model aircraft clubs and associations that have received an authorisation in accordance with Article 16 of Regulation (EU) 2019/947 have demonstrated a good level of safety in clubs and associations, which allows to keep the seamless transition from the different national systems to the new Union regulatory framework provided for by Regulation (EU) 2019/947 is maintained;
(2) unmanned aircraft of a maximum take-off mass (MTOM) of less than 250 g when used in subcategory A1 of the ‘open’ category do not represent a significant safety risk in case of collision; this includes privately built unmanned aircraft of a MTOM of less than 250 g, as well as class C0 UAS as defined in Regulation (EU) 2019/94517, including those that are toys in the meaning of Directive 2009/48/EC18;
(3) UAS flying according to instrument flight rules (IFR) in accordance with the current standardised European rules of the air (SERA); they benefit from the provision of air traffic service (ATS), as summarised in Appendix 4 to Regulation (EU) No 923/2012; this does not exclude certified UAS from flying in U-space airspace with the support of U-space services; and
(d) Finally, it is recalled that Regulation (EU) 2021/665 does not apply to UAS that carry out military, customs, police, search and rescue, firefighting, border control and coastguard or similar activities and services undertaken in the public interest, by virtue of the scope defined in Article 2(3)(a) of Regulation (EU) 2018/1139.
GM2 Article 1(3) Subject matter and scope
ED Decision 2022/022/R
MAXIMUM CEILING OF U-SPACE AIRSPACE
To ensure an additional strategic layer of mitigation as regards separation between manned and unmanned aircraft, Member States may consider limiting the U-space airspace to a 150 m (500 ft) height above the ground or water, in particular when the U-space airspace is designated in uncontrolled airspace.
Considering the novelty of the U-space and the lack of experience with its implementation, this limitation is deemed desirable to ensure safety of operations in the U-space airspace across the EU.
In this context, Member States may nevertheless decide to designate U-space airspace with a height greater than 150 m (500 ft) above the ground or water in controlled or uncontrolled airspace provided that there are additional services and means available to ensure a common reference altitude system between UAS and manned traffic, as well as additional U-space services and performance requirements for the services derived from the airspace risk assessment.
Implementing Regulation (EU) 2021/664
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.
ED Decision 2022/022/R
DYNAMIC AIRSPACE RECONFIGURATION — SHORT-TERM CHANGES
Under the definition of ‘dynamic airspace reconfiguration’, the phrase ‘short-term changes in manned traffic demand’ may cover various cases ranging from clearing the path of an aircraft in emergency or distress, to accommodating unexpected traffic demand due to any contingency situation or allowing a shorter route for an individual flight, as well as potential U-space airspace restrictions to enable military and State operations. But the objective is to keep these cases exceptional when establishing the U-space airspace, for the sake of safety and efficiency of the aviation system.