GM1 Article 1(1) Subject matter and scope

• ED Decision 2022/022/R found in: U-space (2021/664) (May 2024)

GM1 Article 1(1) Subject matter and scope ED Decision 2022/022/R SCOPE — MILITARY AND STATE AIRCRAFT (a) Although military and State aircraft operations are in principle excluded from the scope of [Regulation (EU) 2018/1139](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1139&qid=1670245547063)[[12]](#_ftn12) and its implementing and delegated acts, the safety of such operations is paramount when conducted in airspace that is subject to EU aviation safety regulations. In this context, the safe separation between military and State aircraft also in the U-space airspace is always expected during all stages of flight. (b) It is recalled that when defining UAS geographical zones in accordance with [Article 15](#_DxCrossRefBm1226739973) of [Regulation (EU) 2019/947](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0947&qid=1670245620396)[[13]](#_ftn13), Member States should also consider other aspects than safety, such as security aspects. Indeed, a Member State could designate a U-space airspace in critical areas for security and/or defence reasons, including military and State aircraft operations. (c) In this context, military and State aircraft authorities are partners in the decision-making process of the coordination mechanism (as per [Article 18](#_DxCrossRefBm1226739972)(f) of Regulation (EU) 2021/664[[14]](#_ftn14)) for the designation of U-space to cover the safety and security aspects in a U-space airspace, from the initial ‘airspace risk assessment’ until the U-space is implemented and monitored. (d) The involvement of military authorities in relation to U-space is considered key to guaranteeing the level of safety and security in the U-space airspace from both a ground and an air risk perspective. (e) For example, military and State aircraft that conduct short-notice off-airfield landings while carrying out their assigned operations may require portions of the U-space to be adjusted or possibly deactivated. In this case, air traffic control units should apply the dynamic reconfiguration of the U-space airspace at short notice, if/when required by military and State aircraft, as necessary, in accordance with the principles of [Article 4](#_DxCrossRefBm1226739971) of Regulation (EU) 2021/664. --- [[12]](#_ftnref12) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) (<https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1139&qid=1670245547063>). [[13]](#_ftnref13) Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft (OJ L 152, 11.6.2019, p. 45) (<https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32019R0947&qid=1670245620396>). [[14]](#_ftnref14) Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on a regulatory framework for the U-space (OJ L 139, 23.4.2021, p. 161) (<https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0664&qid=1670245701371>).