Under what conditions does Regulation (EU) 2021/664 not apply to UAS operations?

Regulation (EU) 2021/664 does not apply to 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, unmanned aircraft of a maximum take-off mass (MTOM) of less than 250 g when used in subcategory A1 of the 'open' category, and UAS flying according to instrument flight rules (IFR) in accordance with the current standardised European rules of the air (SERA).

What is the scope of Regulation (EU) 2021/664 regarding unmanned aircraft?

The scope is limited to unmanned aircraft, UAS operators, U‑space service providers (USSPs), and common information services (CIS).

GM1 Article 1(3) Subject matter and scope

Q: Does Regulation (EU) 2021/664 apply to manned aircraft operations?

No, provisions related to manned aircraft are included in a dedicated amendment to Regulation (EU) No 923/2012 (the SERA Regulation) through Regulation (EU) 2021/666.

Q: Are requirements on ATS providers included in Regulation (EU) 2021/664?

No, the requirements on ATS providers are included in a dedicated amendment to Regulation (EU) 2017/373 through Regulation (EU) 2021/665.

Navigate / EASA

Ask question Discover more Add to collection

GM1 Article 1(3) Subject matter and scope

ED Decision 2022/022/R

APPLICABILITY

(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) 2017/373 [15] through Regulation (EU) 2021/665. The provisions related to manned aircraft are included in a dedicated amendment to Regulation (EU) No 923/2012 [16] (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.

(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) 2019/945 [17], including those that are toys in the meaning of Directive 2009/48/EC [18];

(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.

[15] Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32017R0373&qid=1670245893943).

[16] Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32012R0923&qid=1670245971615).

[17] Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems (OJ L 152, 11.6.2019, p. 1) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0945&qid=1670246132139).

[18] Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32009L0048&qid=1670245459524).

Details

Source-Title: GM1 Article 1(3) Subject matter and scope View latest amendments

Erulesid: ERULES-1963177438-21337 Compare versions

Domain: U-space

Amendedby: Issue 1

Applicabilitydate: 26 January, 2023

Entryintoforcedate: 21 December, 2022

Regulatorysource: ED Decision 2022/022/R Navigate

Typeofcontent: GM to IR (Guidance material to implementing rule)

Parentir: Article 1 -- Subject matter and scope

Origin: EASA

Category: EAR