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Commission Implementing Regulation (EU) 2021/664 CHAPTER III — GENERAL REQUIREMENTS FOR UAS OPERATORS AND U-SPACE SERVICE PROVIDERS

Article 6–Article 7 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

UAS operators

Article 6

1.   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). 2.   UAS operators may provide U-space services to themselves. In such case, they shall be considered as U-space service providers for the purposes of this Regulation. 3.   Before operating in the U-space airspace, UAS operators shall comply with the requirements of Implementing Regulation (EU) 2019/947 including, where relevant, hold an operational authorisation or a certificate issued by the competent authority of the Member State of registration and to comply with the operational limitations set by a Member State in any UAS geographical zone. 4.   Before each individual flight, the UAS operator shall submit an UAS flight authorisation request to its U-space service provider, through the UAS flight authorisation service referred to in Article 10, in compliance with Annex IV. 5.   When ready to start the flight, the UAS operator shall request the U-space service provider for the activation of the UAS flight authorisation. Upon receiving the confirmation of the activation for the UAS flight authorisation from the U-space service provider, the UAS operator shall be entitled to start its flight. 6.   UAS operators shall comply with the UAS flight authorisation, including the authorisation deviation thresholds referred to in Article 10(2)(d), as well as with any changes thereto. The U-space service provider may introduce changes to the authorisation during any phase of the flight and, in such case, shall inform UAS operators about them. 7.   Where UAS operators are not able to comply with the UAS flight authorisation deviation thresholds referred to in Article 10(2)(d), they shall request a new UAS flight authorisation. 8.   UAS operators shall provide for contingency measures and procedures. They shall make their contingency measures and procedures available to the U-space service providers.

U-space service providers

Article 7

1.   U-space services shall be provided by legal persons certified as U-space service providers in accordance with Chapter V. 2.   U-space service providers shall be responsible for providing the UAS operators with the U-space services referred to in Article 3(2) and (3) during all phases of operations in that U-space airspace. 3.   U-space service providers shall establish arrangements with the air traffic services providers to ensure adequate coordination of activities, as well as the exchange of relevant operational data and information in accordance with Annex V. 4.   U-space service providers shall handle air traffic data without discrimination, restriction or interference, irrespective of their sender or receiver, content, application or service, or terminal equipment. 5.   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. 6.   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.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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