The European Commission adopted the U-space package.

The package consists of three implementing regulations and will become applicable as of 26 January 2023.

The European Commission adopted on 22 April the U-space package, a part of the Sustainable and Smart Mobility Strategy and Action Plan, announced in December 2020.

The package consists of three (3) implementing regulations that together create the necessary conditions for the use of the U-space:

Commission Implementing Regulation (EU) 2021/664 on a regulatory framework for the U-space introduces a set of 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.

Commission Implementing Regulation (EU) 2021/665 is amending  Commission 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.

Lastly, Commission Implementing Regulation (EU) 2021/666 is amending Regulation (EU) No 923/2012 as regards requirements for manned aviation operating in U-space airspaces.

“The objective of the U-space is to improve overall situational awareness for drone operations, as well as to streamline and automate the flight authorisation process, to lift as many restrictions as safely possible, and to support the development of a competitive EU drone services market”, according to the Q&A issued by the European Commission on the U-Space Package.

The regulatory package will become applicable as of 26 January 2023.

At VdA, our team of experts is delivering strategic and sophisticated legal advice to help our clients prepare for the challenges and take advantage of the business opportunities presented by the U-Space Package.

Main points of the Commission Implementing Regulation (EU) 2021/664 on a regulatory framework for the U-space:

Scope of Application

Subject Matter

• Operators of UAS
• U-space service providers (USSPs)
• Providers of common information services

Exemptions

• Model aircraft clubs and associations (Art. 16 of Implementing Regulation 2019/947)
• Certain operations falling under A1 subcategory of the open category of UAS operations
• In accordance with SERA.5015 instrument flight rules of Implementing Regulation (EU) 923/2012.

U-space services

Mandatory U-space services

• Network identification (Art. 8);
• Geo-awareness (Art. 9)
• UAS Flight Authorization (Art.10),
• Traffic Information (Art. 11); and
• Member States, based on the airspace risk assessment, may require additional U-Space services related to weather information (Art. 12) services and conformance monitoring services (Art. 13).

Common Information Service and Single Common Information Service Provider (CISP)

Promotion of information exchange

• A minimum of information that should be made available by the Member States is identified, as well as measures that ensure the availability, quality and latency of data.
• A Member State may designate a Single Common Information Service Provider (CISP) to supply the common information services on an exclusive basis

Certification of  USSPs and CISP

New Certified Entities

• USSP and, when designated, CISP must hold a certificate issued by the competent authority of the Member State of their principal place of business or third country’s USSP and CISP must apply for a certificate to the European Union Aviation Safety Agency (EASA)
• To be granted the certificates, USSPs and, when designated, CISP must evidence compliance with a number of requirements, including, technical and financial requirements.