Article 13 Conformance monitoring service

GENERAL

(a)Article 13 of Regulation (EU) 2021/664 contains a general description of the objective of the conformance monitoring service, as well as the requirements for the USSPs that provide such service. This service checks the current in-flight information of each UAS with respect to the actual progress of the UAS flight as reported by the UAS operator or obtained from the remote identification service. The monitoring is performed per UAS flight.

(b)When any non-conformance of the UAS flight is detected, the USSP alerts:

(1)the UAS operator of the flight for which the non-conformance is detected;

(2)other air traffic,

(3)other USSPs;

(4)the single CIS provider, where applicable; or

(5)other relevant authorities.

(c)The USSP that detects a non-conformance should:

(1)add the information on deviation in the traffic information message if an unmanned aircraft is non-compliant;

(2)alert the UAS operators whose unmanned aircraft fail to comply with their planned operation; and

(3)monitor all current flight operations of their subscribed UAS operators; all USSPs have collective responsibility to dispatch relevant information to the UAS operators concerned.

NON-CONFORMANCE — EXAMPLES A non-conformance may occur when a UAS flight does not comply:

(a)with any of the operational conditions or airspace constraints referred to in Article 3(4)(c) of Regulation (EU) 2021/664;

(b)with any of the terms or conditions of its flight authorisation in accordance with Article 10(1) of Regulation (EU) 2021/664;

(c)with any of the deviation thresholds of its flight authorisation in accordance with Article 10(2)(d) of Regulation (EU) 2021/664.

DETERMINATION OF CONFORMANCE The USSP should perform the following sequence:

(a)match the unmanned aircraft with a corresponding flight authorisation(s);

(b)determine whether the unmanned aircraft is subject to an accepted and activated flight authorisation;

(c)determine whether the unmanned aircraft complies with the deviation thresholds of the flight authorisation;

(d)when possible, determine whether the unmanned aircraft complies with the requirements laid down in Article 6(1) of Regulation (EU) 2021/664, and the terms and conditions of the UAS flight authorisation; When the UAS is detected to be non-conformant, the USSP should provide the details of the nonconformance in the alert.

NON-CONFORMANCE WITH THE DEVIATION THRESHOLDS The USSP should consolidate the deviation with the flight authorisation, and should confirm the nonconformance, when the UAS is outside the authorised 4D volume, including the deviation thresholds, for more than 5 % of the time as validated over time.

NON-CONFORMANCE WITH THE FLIGH ACTIVATION/DEACTIVATION The USSP should detect a non-conformance when a UAS flight:

(a)is performed without flight authorisation or proper flight activation (i.e. accepted by the USSP);

(b)has not ended, and the time limit of the flight authorisation has passed.

PERFORMANCE OF THE NON-CONFORMANCE ALERTING To ensure safety of operations through the timely reaction of UAS operators, the USSP should alert UAS operators within 5 seconds, for 99 % of the time, when a non-conformance is detected.

PRELIMINARY ALERT TO THE INFRINGEMENT OF THE 4D VOLUME When the UAS flight approaches the boundaries of the authorised 4D volume, a preliminary alert may be generated by the USSP to raise awareness of the UAS operator about the potential for infringement and non-conformance.

NON-CONFORMANCE WITH THE FLIGH ACTIVATION/DEACTIVATION A flight which remains airborne after the time limit of its flight authorisation has passed may no longer be conflict free, and poses a hazard to other flights which conform with their flight authorisations. Therefore, a flight which has not ended by the time its flight authorisation time limit has passed is non-conformant.

NON-CONFORMANCE NOTIFICATION The aim of the non-conformance notification is to provide information with regard to the specific position of the unmanned aircraft at the time it became non-conformant with respect to its flight authorisation. The information about a non-conformant unmanned aircraft comprises the time, the position, and the number of non-conformant occurrences, each with an indication of deviation when possible.

ALERTS TO THE AIR TRAFFIC CONTROL UNIT The USSP should issue a non-conformance alert to the relevant ATC unit when a non-conformant unmanned aircraft is likely to represent a threat to manned aircraft in controlled airspace, i.e. the unmanned aircraft exits the U-space airspace, or enters an area where the implementation of an airspace restriction or a dynamic reconfiguration is in progress.