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U-space through the eyes of a lawyer

U-space through the eyes of a lawyer

U-SPACE

In the previous part, we looked at autonomous drones, where they are used, and what to look out for from a legal perspective. But what if there are dozens or hundreds of drones flying in the airspace at the same time?

This is where it comes in. U space – a European regulatory and operational framework aimed at the safe coordination of a larger number of unmanned systems.

What is U-space?

U-space presents a set of services and procedures designed for the safe and coordinated operation of unmanned aircraft in a predefined airspace, designated by EASA Member States. U-space is therefore not a separate category of traffic. It is an environment in which additional requirements are set for UAS operators and in which specific services for traffic coordination are provided.

It is also important that U-space does not replace general rules for drone operationOperators must continue to comply with the relevant requirements of UAS legal regulation in U-space and at the same time use the specified U-space services.

U-space airspace

U-space is used in the so-called U-space airspace – i.e. in a geographically defined area determined by the Member State based on a risk assessment. In this area, UAS operations are subject to the use of U-space services. A Member State may define U-space airspace not only for safety reasons, but also for reasons such as privacy or environmental protection.

U-space airspace It is thus similar to controlled spaces and the PRAHA INFORMATION service in the Czech environment of pilot facilities.

Four basic U-space services

The European framework sets out four mandatory U-space services:

1. Authorization to fly UAS

Through the service, the operator obtains the information and authorization necessary to perform a specific flight in U-space.

This is not a classic individual permit issued by the authority for each flight. The purpose of the service is primarily to ensure that the planned operation is coordinated with other activities in the airspace.

2. Geo-awareness

This service provides information on applicable geographical restrictions and other relevant conditions for UAS operations.

For operators, this is an important source of information when planning and executing a flight.

3. Network identification

Network identification allows for providing information about the operation of a specific UAS, thus increasing the overview of which unmanned systems are moving in a given area.

4. Traffic information

Traffic information service provides information about relevant traffic in a given area, including information needed for safe coordination with other air traffic.

The goal is not just to "see drones," but to create an environment in which individual traffic participants can better prevent conflicts.

Who provides U-space?

U-space is not just a matter for drone operators. Multiple entities are involved.

  • EASA, EASA Member States and their competent authorities They decide on the definition of U-space airspace and ensure the relevant regulatory and supervisory functions.
  • U-space Service Providers (USSP) provide the services themselves, such as flight authorization, geo-awareness or network identification. In order to provide these services, they must meet the relevant certification requirements.
  • Common Information Service Provider (CISP), which ensures the distribution of common information necessary for the provision of U-space services.
  • And of course they remain part of the system themselves UAS operators and other air traffic participants.

Certification of service providers

For U-space service providers, this is not a normal business activity. The regulatory framework sets out requirements for their organisational capacity and ability to provide the relevant services safely. Certification is carried out in accordance with European rules for U-space, in particular according to Commission Implementing Regulation (EU) 2021/664Certificates are issued by EASA and the competent authorities of the Member States depending on where the U-space is to be located (one country / multiple countries).

The certification process includes both an assessment of the ability to provide U-space services and an assessment of the applicant's organizational capacity.

What about piloted aircraft?

U-space is not a separate world where only drones fly. One of its main tasks is to enable the safe coordination of unmanned operations with other air traffic. The way in which operations are coordinated also depends on the nature of the specific airspace and its configuration.

This is an important step towards a future in which classic piloted aircraft, autonomous systems and other types of unmanned vehicles will operate side by side.

What does U-space mean for entrepreneurs?

Drone operators may encounter U-space primarily where U-space airspace will be defined. This may mean new obligations for entrepreneurs, but mainly new opportunities.

U-space can support, for example:

  • urban and industrial logistics,
  • automated infrastructure inspections,
  • monitoring of large areas,
  • coordination of a large number of simultaneously performed flights.

As unmanned operations become more professionalized and automated, the ability of individual operators to integrate their operations into a broader system will become more important.

U-space is not a future without rules

The European U-space framework is based primarily on Commission Regulation (EU) 2021/664 and related rules. At the same time, the general rules for the operation of unmanned systems remain relevant, in particular Commission Implementing Regulation (EU) 2019/947 a Commission Delegated Regulation (EU) 2019/945.

U-space therefore does not represent a replacement for the current regulation. It is rather next layer, which is intended to enable the safe operation of an increasing number of UAS in the airspace.

And that's exactly what its significance is. An autonomous drone solves the question of What can one drone do alone?. U-space solves how to ensure multiple drones can operate safely at the same time.

The future of drones will therefore not only be about increasingly smarter drones. It will also be about data, coordination, digital infrastructure and rules that will enable their safe integration into a common airspace. We are preparing more about the future of drones in the next part of our series.

This brings our series Drones in Business to a close. If there's anything we've learned from the past, it's that with every technological advance comes new legal issues.

Are you planning to use drones in your business or are you preparing for a more complex unmanned operation? Contact us. We will be happy to help you navigate the regulatory requirements and set up the legal framework for your operation.

Jan Vych

JUDr. Ing. Jan Vych, attorney and partner

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Law firm Vych and partners