Application for a certificate
1. U-space service providers and, when designated, single common information service providers shall hold a certificate issued by the competent authority of the Member State of their principal place of business.
2. U-space service providers and, when designated, single common information service providers that have their principal place of business, are established, or reside in a third country, shall apply for a certificate to the European Union Aviation Safety Agency (‘the Agency’).
3. The U-space service provider’s certificate shall be issued in accordance with Annex VI.
4. The single common information service provider’s certificate shall be issued in accordance with Annex VII.
5. The certificate shall determine the rights and privileges of its holder to provide services to which it relates.
6. An application for a U-space service provider or a single common information service provider certificate, or for an amendment to an existing certificate, shall be submitted in a form and manner established by the competent authority, or by the Agency, as applicable.
Conditions for obtaining a certificate
1. 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;
(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;
2. In addition to the requirements laid down in paragraph 1, U-space service providers shall have an emergency management plan to assist the UAS operator experiencing an emergency and a communication plan to inform those concerned.
Validity of the certificate
1. A U-space service provider or a single common information service provider certificate shall remain valid as long as the holder of the certificate complies with the relevant requirements set out in this Regulation.
2. 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.
3. The competent authority or the Agency, as applicable, shall assess the operational and financial performance of a U-space service provider or a single common information service provider under its responsibility.
4. The competent authority or the Agency, as applicable, may, on the basis of the outcome of the assessment referred to in paragraph 3, impose particular conditions to the certificate holder, amend, suspend, limit or revoke the certificate.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
