The rapid growth of unmanned aircraft (UAV) operations is a result of, among other things, drones having recently become popular tools in business, the scientific world and the entertainment industry[i]. However, civilian UAVs are only at the vestibule of their capabilities and their full potential is yet to be revealed. The institutions of the European Union have recognised, acknowledged and extrapolated these trends in time. This is evidenced by the fact that they have made efforts to prevent the chaos that would have to ensue in airspace (or more broadly, public space) in the event of completely uncontrolled and exponentially increasing UAV traffic. There was a need to provide adequate space for UAV and to standardise the rules for their operation, as is the case for the various categories and types of manned aircraft. Indeed, more than a century of experience has shown that complete freedom does not – in the first place – serve air traffic safety, interoperability of equipment, software and services or the right to privacy, but may also end up in suboptimal or even dangerous use of space[ii]. The answer to this is to be found in a number of pieces of legislation, one of which I will recommend to the readers’ attention today – Commission Implementing Regulation (EU) 2021/664 of 22 April 2021 on the regulatory framework for U-space (Unmanned space), which – rather unsurprisingly – provides the answer to the title questions. Aimed rather at those who do not require an introduction to UAV issues, this text describes the most important issues regulated by this normative act and outlines the most relevant methods for achieving the regulatory objective, as indicated therein.
The European Commission has introduced into the EU legal order the concept of so-called U-space, whose provenance is also European[iii]. U-space is a set of services, rules and procedures aimed at handling UAV traffic. Within this concept, so-called U-spaces (also called DRA-U) were also introduced (as the sum of specific rules and procedures). It is difficult to share the sometimes-heard view that U-spaces are supposed to constitute another class of airspace, the so-called “Class U” (Next to Classes C, D, G etc.)[iv]. Rather, these are specific airspace structures, not classes of airspace, which are to be accessed by UAVs only when using specific U-space Services. These in turn share many similarities with their counterparts among traditional ANS (Air Navigation Services), but are not. These include:
- central information services (U-space) vs. aeronautical information service (ANS);
- Network identification service (U-space) vs. surveillance and aeronautical information service (ANS),
- spatial awareness service (U-space) vs. aeronautical information service (ANS),
- UAV clearance service (U-space) vs. (to a limited extent) air traffic control service (ANS),
- traffic information services (U-space) vs. air traffic information service (ANS),
- weather information service (U-space) vs. aeronautical and air information services disseminating information from the meteorological service (ANS)
- compliance monitoring service (U-space) that has no equivalent among ANS.
In the other direction, there would be far fewer such similarities; the world of ANS is more extensive than the current regulations on unmanned aviation and counterparts to many of the services specific to it can hardly be found in U-space. This is because there is no classical alerting service, air traffic control service in the scope broader than issuing permits to fly, management of the flow and capacity of space or advisory service (currently absent in Poland[v]).
The first category of services that should be provided are the so-called central information services. This involves the dissemination to all those who may be affected of information about the vertical and horizontal boundaries of U-space, the regulatory requirements therein, certified U-space service providers, neighbouring airspaces, relevant geographical zones for UAV, static and dynamic airspace constraints, etc. European Union Member States have been equipped with the right to designate a central information service provider and even to establish a monopoly of a single entity in this respect. Such a body may or may not be at the same time a provider of (other, i.e. residual) U-space services. The latter will – primarily commercially – provide a range of services, about which more below.
The network identification service is intended to allow continuous monitoring and identification of the UAV during operations. The users referred to in the regulation, i.e., inter alia, U-space service providers, air traffic services, central information services and other relevant authorities, but also any interested citizen – to the extent that the data will be public information – will receive aggregated information, including the registration number of the UAV operator, the aircraft’s unique serial number, its position in three-dimensional space, its altitude relative to a preset reference plane, i.e. This data will be updated with a specified time and date, including the aircraft operator registration number, the aircraft’s unique serial number, its position in three-dimensional space, altitude relative to a preset reference plane, e.g. above sea level, active flight path, speed relative to the ground, pilot or launch position (if pilot position is not available), possible UAV emergency status, etc. This data will be updated at a frequency determined by the relevant authority, providing current and accurate data on the UAV in U-space. This type of service may bring to mind the traditional ANS surveillance service (function) (using primarily radar, multilateration systems, ADS-B and ADS-C receivers, etc.) and aeronautical information. The surveillance service is responsible for recording aircraft traffic (including ground traffic – cf. A-SMGCS[vi]). The aeronautical information service receives, among other things, such data and disseminates it about manned traffic in the uncontrolled space by aeronautical information service informants and in the space controlled by air traffic controllers.
The spatial awareness service, on the other hand, will include the provision of data on current operating conditions, airspace use restrictions and relevant geographical zones for UAV. In addition, the implementation of the service is also to consist of information on temporary restrictions that apply in U-space. U-space service providers will regularly send the information in question to operators and pilots in time to comply with or make use of the information. Pilots should be able to respond effectively to sudden, unexpected and emergency situations. The information will be updated according to a specific schedule and is to be provided with a version number or an important date, or both, at the same time, providing fresh and reliable data. Such a description may bring to mind a similarity to the traditional aeronautical information service, whose tasks – with regard primarily to manned aviation – are the same. Even the cyclical nature of the publication is one of the similarities (cf. the AIRAC cycle in the traditional AIP[vii])
The U-space awareness service, on the other hand, will cover the process of granting permission for UAV flight, by U-space service providers. Operators or pilots will submit – most likely standardised, digital – flight permit applications, which will be assessed for compliance with the conditions for granting the relevant permit. U-space service providers will consider them in terms of, among other things, completeness and compliance with regulations, urgency, weather conditions and possible clashes with other notified flights at a given place and time. If approved, the service will inform the applicants of the granting of the flight permit, while specifying the permitted deviations from the approved plan. If permission cannot be granted as requested, they will be able to propose alternative solutions. The operator or pilot will, in response, communicate the need to activate the permit so that all concerned are aware of the operation being undertaken. The service – as indicated above – will also take into account the urgency of the flight, prioritising requests for special operations. For flights of identical priority, the order of application will be decisive. U-space service providers will be obliged to continuously monitor existing authorisations in the system, and to take into account the dynamic nature of the airspace structure and constraints. In addition, it will be important to take into account emergency and traffic information relating to manned aviation. Each permit will have a unique number, facilitating the identification of the flight, the UAV operator and pilot, and the U-space service provider issuing the permit. The U-space service provider will be able to amend or withdraw the permit at any time if necessary. This service is primarily aimed at efficient and safe airspace management for UAVs while promoting the integration of these aircraft into U-space. One can venture to say that even to a layman, the air traffic control service, which strongly, not even so much resembles, but actually – to a large extent – relies on this kind of activity, should come to mind.
The U-space traffic information service, on the other hand, will provide operators and pilots of UAVs with comprehensive information on observed air traffic in the vicinity of the UAV’s position or intended flight path. These operators will receive data – as it becomes available – on both manned aircraft and UAVs, made available by various U-space service providers and air traffic service authorities. Information will include position, reporting time, speed, course, heading and possible emergency status of the aircraft. The service will be updated as directed by the competent authority. This service, together with the network identification service, seems to resemble indeed the flight information service already mentioned.
The penultimate service discussed in this article is the weather information service, which will involve the collection and provision of meteorological data by U-space service providers. This data – traditionally for aviation -= obtained only from trusted sources, will include wind direction and speed and gusts, cloud height, visibility, air temperature, dew point temperature, convective activity and precipitation indices, as well as the location and time of the weather observation or forecast. Weather forecasts will be provided to UAV operators and pilots both before and during the flight. The service described above is essentially the same as aeronautical and flight information services in the context of disseminating weather information from a meteorological service.
The last one discussed will be the future U-space compliance monitoring service. It should be understood as the activity of checking that operators and UAVs comply with the requirements and conditions of the UAV’s permit to fly as defined in the relevant regulations. Its purpose will be to alert UAV operators in the event that acceptable deviations from the approved permit are exceeded, as well as non-compliance with requirements set out in regulations, e.g. on mandatory equipment. If anomalies are found, other users of the space will be notified. If necessary, this message will also reach the relevant air traffic service authorities (it seems to be primarily if the DRA-U space is designated within a controlled area. In principle, only the compliance monitoring service does not seem to have an ANS equivalent, and here there is no reason to strenuously seek similarities of such tasks among those performed by either the aeronautical or aeronautical information service. In the reality of manned aviation, the compliance of aircraft equipment with the requirements of a given space is – in principle – not subject to control on the part of air traffic services.
States may designate U-spaces in order to both organise, facilitate or prevent the operation of UAVs within it. The first two issues do not require further comment, but obstruction should nevertheless be described as sometimes justified due, for example, to the presence of important State facilities, critical infrastructure, areas of particular natural value or danger to aircraft (training grounds), etc. The movement of manned aircraft is also restricted or banned for this purpose. By the way – currently, as of the date of this study, U-spaces in Poland are already being designed, and the “traditional airspace structure” is being successively translated into the UAV language (introduction of DRA-R, DRA-P zones).
In the U-space into which the UAVs will be admitted, there is an obligation to provide a spatial awareness service, a UAV flight clearance and a traffic information service. Other services may be required by the provider for the U-space in question
What will determine the success of the U-space concept?
To ensure that these standards do not receive the name of a hole or even a dead regulation, it is particularly important to meet the requirements indicated in Regulation 2021/664, the result of analyses] Commission of the European Union.
An important element of U-space regulation, reads Regulation 2021/664, is the proportionality of the rules and procedures applicable to UAVs in U-space. They should be tailored to both the nature and risk of the operation. For example, low-risk operations, i.e. those normally carried out in the so-called Open Category, i.e., inter alia, within line of sight, should not be subject to such far-reaching requirements as operations in the Special or Certified Category, which already allow, inter alia, more dangerous flight beyond the range of the pilot’s unarmed gaze.
It is also stressed that regulations should take into account the coexistence of manned and unmanned aviation. Achieving this requires the introduction of new technologies and procedures. Signalling the presence of UAV is particularly important for state aviation (primarily military). To this end, it is envisaged that types of U-space could be separated into static and dynamic, where the latter would only be designated or activated when necessary. Also important here is the use of so-called Geofencing, i.e. the technical blocking of the possibility for unauthorised UAVs to operate in a given U-space. This will be particularly useful in the vicinity of military and critical infrastructure, where it will be necessary to enforce absolute priority for flights by authorised UAVs over flights serving, for example, journalists or other outsiders.
However, regardless of whether a UAV encounters a manned or unmanned aircraft in its path, it should be able to maintain adequate separation between them. For UAVs flying out of sight, it will be particularly useful to have the drone equivalent of an ACAS (Airborne Collision Avoidance System).
It is also important to achieve an appropriate degree of interoperability in U-space by establishing common communication standards between the relevant institutions, authorities, pilots and UAV operators. This is primarily about compatibility of data formats and information exchange methods.
The provision of U-space services should also be provided within appropriate quality parameters and be timely. Institutions providing central information services will play an important role here, as will the ability to access this information freely in real time. While there is no consensus in Europe as to who should be entrusted with this task, there are increasingly strong opinions that it should rest on the shoulders of air traffic service providers (in Poland it is the Polish Air Navigation Services Agency)[viii]. This is due to the already discussed proximity of U-space services to traditional air navigation services and, moreover, to the experience of these institutions, their human and infrastructural resources and organisational issues.
Privacy issues are another challenge for U-space. As the number of UAVs increases, there is a risk of invasion of individuals’ privacy, especially in the context of monitoring and recording of sensitive data. In view of this, it is important that regulations include adequate privacy provisions to protect citizens from privacy violations.
Finally, however, a particularly important condition for the success of the U-space concept is first and foremost the knowledge, awareness and responsibility of the UAV operators and pilots. Without an adequate level of training and awareness-raising, undesirable events may occur in the future, originating only in recklessness or ignorance.
Summary
The efforts of EU institutions aimed at preventing the development of chaotic unmanned traffic in unprepared airspace should certainly be appreciated. The regulations appear to be well thought-out and based on years of experience in handling manned traffic. The envisaged – by the author of this paper – entrusting an important role in U-space to air traffic service providers, such as the Polish Air Navigation Services Agency, seems to be a step in the right direction. All this, and the evident care and holistic approach of the European Commission in drafting Regulation 2021/664, will probably determine the future success of the U-space concept.
Artur Banach, attorney at law
[i] Markets and Markets (2022, September) UAV Market by Point of Sale, Systems, Platform (Civil & Commercial, and Defence & Government), Function, End Use, Application, Type (Fixed Wing, Rotary Wing, Hybrid), Mode of Operation, MTOW, Range & Region – Global Forecast to 2027 Medium in English: https://www.marketsandmarkets.com/Market-Reports/unmanned-aerial-vehicles-uav-market-662.html?gclid=CjwKCAjw7oeqBhBwEiwALyHLM8qppLwoTkXgAkUDV-j7rIR9AlL0KA3GMNUKABPiX942iFeWXZfoEhoCcBEQAvD_BwE [accessed 1.11.2023];
[ii] Załęski, K., & Śliwa, Z. (2017) Selected security aspects of UAVS utilization in airspace. Security Forum, 1 (Volume 1 No. 1/2017), pp. 85-97;
[iii] Skybrary U-space Medium in English: https://skybrary.aero/articles/u-space [accessed 1.11.2023];
[iv] Dronewatch (2021, 3 June) EU drone regulations: what is U-space? Medium in English: https://www.dronewatch.eu/eu-drone-regulations-what-is-u-space/ [accessed 30.10.2023];
[v] Aeronautical Information Publication (AIP) Poland, current as of 15 June 2023 (AIRAC cycle 06/23), GEN 3.3.3 Air Traffic Services (ATS);
[vi] Skybrary Advanced Surface Movement Guidance and Control System (A-SMGCS) Medium in English: https://skybrary.aero/articles/advanced-surface-movement-guidance-and-control-system-smgcs [accessed 5.11.2023];
[vii] Skybrary Aeronautical Information Publication (AIP) Medium in English: https://skybrary.aero/articles/aeronautical-information-publications-aips [accessed 4.11.2023].[viii] Unmanned Airspace (2023, 19 October) Dutch study defines U-space CIS architecture in compliance with emerging regulations Medium in English: https://www.unmannedairspace.info/emerging-regulations/dutch-study-defines-u-space-cis-architecture-in-compliance-with-emerging-regulations/ [accessed 30.10.2023].
