Term

Meaning

Safety and sustainability in space

Safety refers to the practice that aims to ensure the protection and well-being of astronauts, spacecraft and the orbital environment. It involves mitigating risks and preventing accidents or incidents that could have harmful consequences (e.g. space debris generation, loss of space assets), thereby ensuring the long-term viability of space activities. Safety is therefore related to sustainability in space. It requires measures for mitigation and remediation related to, for example, the responsible disposal of space hardware, monitoring spacecraft end-of-life impacts and measuring propellant residuals. It also aims to minimise the negative impacts of space operations on other activities such as astronomy.

Resilience

Resilience refers to the capacity of space infrastructure and assets to maintain their digital and physical integrity and functionality at all times. Space infrastructure cover all space assets and systems across all relevant segments (ground, space, links, communication and user connections). The respective resilience measures and practices should aim to prevent, protect against, resist, respond to, mitigate and recover from events linked to digital/ICT risk and to physical security risk.

Environment

Environment refers to the practice that aims to minimise the negative impacts of space operations on the Earth’s environment for the entire life cycle of space activity. It involves creating a sector-specific methodology based on the PEF method (product environmental footprint category rules – PEFCR) to calculate the environmental footprint. The environmental approach includes covering the data gaps, promoting research and developing missing characterisation models as well applying ecodesign principles to space activities.

Life cycle assessment (LCA)

A life cycle assessment (LCA) is defined as the systematic analysis of the potential environmental impacts of products or services during their entire life cycle.

An LCA evaluates the potential environmental impacts of a product (production, distribution, use and end-of-life phases) or service throughout its entire life cycle. This includes the upstream (e.g. suppliers) and downstream (e.g. waste management) processes associated with the production (e.g. production of raw, auxiliary and operating materials), use phase and disposal (e.g. waste incineration).

Product environmental footprint (PEF)

A method to measure the environmental performance of products or services, ‘Commission recommendation on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisation, 1 ’ from 2021.

PEFCR

A product environmental footprint category rule (PEFCR) is a technical guide for conducting a comprehensive PEF study for a given product, taking into account its supply chains. It comprises consistent and specific rules for measuring the environmental impact of a product or service through an LCA.

Space activity

Activities conducted as part of a space mission during its life cycle.

Space segment

Part of a space system, placed in space, to fulfil the space mission’s objectives.

Ground segment

Part of a space system, located on the ground, which monitors and controls space segment element(s).

Spacecraft

Manned or unmanned vehicle designed to orbit or travel in space. Note: a spacecraft is a space segment element.

Launch segment

Part of a space system that is used to transport space segment elements into space.

EUSST Partnership

Group of Member States established according to the Space Regulation providing the EUSST services (collision avoidance, re-entry services and fragmentation). Today, it comprises 15 Member States.

Collision avoidance services

The risk assessment of collision between spacecraft or between spacecraft and space debris, and the potential generation of collision avoidance alerts during the phases of launch, early orbit, orbit raising, in-orbit operations and disposal phases of spacecraft missions.

Space debris

Any space object including spacecraft or fragments and elements of a spacecraft in Earth’s orbit or re-entering Earth’s atmosphere, which are non-functional or no longer serve any specific purpose, including parts of rockets or artificial satellites, or inactive artificial satellites.

Re-entry services

The risk assessment of the uncontrolled re-entry of space objects and space debris into the Earth’s atmosphere and the generation of related information, including the estimation of the timeframe and likely location of possible impact.

New Space

New Space refers to the emerging private space industry, driven by a series of technological trends and business model innovations, resulting in the costs of space systems being reduced, shorter life cycles in delivery and more risk- taking.

RSB Comment

Action taken/Response

1

The report should further integrate the analysis of legislative frameworks (e.g. the Network and Information Systems Directive (2022) and the Critical Entities Resilience Directive), clearly identifying the existing policy gaps in an evolving regulatory environment. It should explain whether and how these developments may affect the economic impacts of the policy options, including the baseline scenario.

Legal gaps have been identified in a table included under the Problem driver section (Section 2.2.2).

The economic impact of the gaps identified in the problem section have been reflected in the assessment of the policy options.

2

In describing implementation of the preferred option, the report should provide more information on the envisaged mechanism to ensure compliance with EU requirements by all actors, including non-EU actors.

Whereas additional proportionality analysis is provided, the report should better explain how the lighter regimes described are reflected in the policy design, how they will be applied in practice in the options and how they will affect concerned stakeholders, in particular SMEs and start-ups. The report should clearly explain how the size of companies would be reflected when embedding proportionality in the rules.

The section describing the implementation of the preferred option (6.1.3.) now includes a sub-section on Compliance and governance outlining the envisaged mechanism to ensure compliance with the proposed requirements by all actors, including non-EU actors.

The proportionality section has been further developed, including a table with the criteria, rationale and consequences of the application of the application of the light regime to relevant entities (Table 12). It also includes an explanation on how the proportionality regime would be applied, and the relevant considerations to company size for the application of the light regime.

3

The report should further develop the analysis of competitiveness. It should further analyse EU competitiveness in terms of the current and emerging actors and activities, in particular New Space.

The report should further expand on how the initiative will ensure that the correct level of requirements to foster competitiveness is identified. It should further expand the analysis of international competitiveness, with available evidence on likely developments in the markets of the main space actors and in international markets, the current and potential participation of the EU space sector, and further information on national and international development of standards.

The competitiveness analysis has been expanded to include deeper insights into New Space, regulatory harmonisation, and international market positioning.

It includes references on likely developments in the markets of the main space actors and international markets.

4

As regards competitiveness of SMEs and startups, the report should expand on their specific challenges, including those due to size and type of activity, as well as the international dimension of SME competitiveness. The report should assess, and quantify to the extent possible, the impact of the envisaged SME mitigation measures.

Section 6.1.8 on Impact on SMEs has been expanded to reflect the specific challenges faced by SMEs, including due to size and type of activity. The report also includes an estimated quantification on the impact of the envisaged SME mitigation measures.

5

Following the expanded analysis of costs and benefits, the report should ensure that all estimates and calculations are consistent throughout the report and annexes, and that the same data is reported across all tables, with calculations presented in a clear and structured manner.

Assumptions need to be comprehensively explained. 

The aggregated costs for satellite and launcher manufacturers and operators should be integrated in all relevant tables, ensuring consistency of data used.

All of the cost and benefit estimates should be clearly included in the overall economic impacts, which as a result, should clearly differentiate the benefits and costs of each policy option (reflecting as well the voluntary nature of certain options), providing explicit overall values for each option.

The report should thoroughly review the presentation of costs and cost savings to identify administrative and adjustment costs in the context of the One In, One Out approach.

Consistency in the cost benefit analysis across the report and annexes has been double checked and corrected when relevant. The format of the calculations and tables has also been adjusted to reflect the figures more clearly.

Assumptions have been explained.

Administrative and adjustment costs have been identified throughout the report in the context of the One In, One Out approach (incl. as part of the sections on SME and international competitiveness).

6

The report should significantly improve the initiative’s monitoring and evaluation framework, laying down clear, comprehensive and robust indicators allowing to measure progress in performance and ultimately success.

The report includes now a more developed table with clear indicators, baseline and target scenarios, annual progress estimates and review frequencies for each of the specific objectives of the preferred policy option (Section 11). This monitoring and evaluation framework with specific Key Performance Indicators would allow the effective assessment of the implementation of the measures included in the preferred option and its effectiveness.

RSB comment

Action taken/response

1

The report should better define the scope of the initiative. It should clarify the types of activities and the actors that will be covered by the legislative act. It should be clear how it will cover space-related products and services in the EU, or provided to EU public authorities, businesses and citizens. It should also be clear if it includes non-EU operators, under what conditions, and how effective enforcement would work.

A more detailed overview of the current licensing requirements for satellite and launch operators has been added to the report, highlighting the operator’s role as the regulatory entry point at national level (Section 2.1.1).

The report includes, under the description of the different policy options, the scope of application of the envisaged measures. This includes a detailed explanation of how this would affect different types of EU and non-EU operators. The scope has also been expanded to cover those stakeholders affected by the problems identified (Table 1).

2

The report should better explain the key policy choices. It should be clearly stated who would design, how, and when, the different components of the policy measures, e.g. requirements, licences, labels, and mitigation measures. The report should provide a clear presentation of the mitigating measures and lighter regimes envisaged, in particular for SMEs. It should detail how relevant criteria such as size or criticality will be applied in a proportionate manner in the various options.

The report further elaborates on the key policy options (Section 5.3). It includes an overview of measures and risks to be assessed (Table 5 – Overview of measures).

Under subsidiarity (Section 3.3.), the report elaborates further on the proportionality of the proposed initiative (e.g. mitigating measures and lighter regimes envisaged), detailing the criteria under which such a regime would apply for each pillar.

The report provides further details into the ‘space safety/sustainability/resilience labels’, highlighting the differences between the label envisaged in policy option 1 and policy options 2, 2+ and 2++. It also provides the timeline, scope and content for each of the described policy options, and details the scope of application/affected stakeholders.

The report also elaborates on the support measures envisaged under policy option 2+ (Section 6.1.3) describing those that could be put in place and their impact on SMEs.

3

The report should further develop and better present the impact analysis so that it is clear what the impacts are for each option. The benefits to all affected stakeholders should be better explained and wherever possible monetised, in particular savings due to the reduction of the level of administrative burden, the reduced risk of cyberattacks and safer products/deployment. The cost analysis should include an explicit identification of the administrative and adjustment costs, feeding into a comprehensive presentation of the ‘one in, one out’ approach. Together with the unit cost and relative value estimates already provided, the report should provide the estimates at the aggregate level and in absolute values. It should provide a summary table of all available estimates, including the total costs and benefits of the options explaining the preferred option in greater detail in Annex 3. The analysis should correctly take account of the voluntary character of certain options or part of the options by differentiating the estimates of the costs and benefits according to the assumed take-up rates or explain on what basis it was concluded that all options would result in the same level of the increase in manufacturing costs.

The report provides more detail and clarity on the impact assessment (Section 6).

In the assessment of policy options 2 and 2+ (Section 6.1.3), it provides further detail on the benefits of the initiative for the industry in the short, medium and long term, including quantification when possible. It also includes an overview of the costs and how these would be offset.

The report also elaborates on the support measures envisaged under policy option 2+ (Section 6.1.3) describing the specific measures that could be put in place and their impact on SMEs. Five new sections have been added to the report:

·one including a summarised cost-benefit analysis (Section 6.1.5);

·one on the costs for private and public actors (6.1.6);

·one on the quantification of the operational benefits (6.1.7);

·one focusing on the impact of the different policy options on the international competitiveness of the EU space sector (6.1.8.); and

·one on the impact on SMEs (6.1.9.).

The section on the impact on SMEs includes a table detailing the costs, benefits, proportionality regime, and envisaged measures to offset the costs (Table 19). The section on the public and private costs also includes an overview of the costs of each policy option for affected stakeholders (Table 13). The section monetising the operational benefits includes tables estimating the costs of collision avoidance manoeuvres and the benefits stemming from the reduced number of such manoeuvres (Tables 16 and 17).

The section detailing the costs provides a comprehensive overview of the different costs and types of cost for the described policy options, including administrative and adjustment costs. The report also highlights how these costs could be offset in the short, medium and long term.

The report includes a table detailing the aggregated costs of the satellite manufacturing cost increase (Table 14) and the launcher manufacturing cost increase (Table 15).

The voluntary character of certain options has been highlighted under the description of policy options.

4

Based on a strengthened cost and benefit analysis, the report should deliver a more detailed assessment of the impacts on SMEs and the emerging new start-ups. It should assess thoroughly impacts of the envisaged exemptions, specific regimes, or other mitigation measures.

Five new sections have been added to the report:

·one including a summarised cost-benefit analysis (Section 6.1.5);

·one on the costs for private and public actors (6.1.6);

·one on the quantification of the operational benefits (6.1.7);

·one focusing on the impact of the different policy options on the international competitiveness of the EU space sector (6.1.8.); and

·one on the impact on SMEs (6.1.9.).

The section on the impact on SMEs includes a table detailing the costs, benefits, proportionality regime, and envisaged measures to offset the costs (Table 19).

The analysis of policy options 2 and 2+ includes an overview of the supporting measures that could be envisaged under the law (Section 6.1.3).

5

The assessment of the impacts on the competitiveness of the EU space sector, in particular SMEs should be presented in a more structured and detailed manner. The report should be more granular on the short-term and long-term impacts on competitiveness. As regards international competitiveness, the report should describe the global market dynamic and the market share of EU companies. It should fully assess the potential risks for EU operators in case competitors established in other jurisdictions offer similar products or services at lower price due to less stringent standards on safety, security or sustainability or lower production cost. It should substantiate its assessment with an analysis of all relevant factors, including relative position of EU actors, expected developments of the sector in the EU and globally, upscaling opportunities within the EU, etc. The analysis should be reflected coherently in the competitiveness check in Annex.

In the assessment of policy options 2 and 2+ (Section 6.1.3), it provides further detail on the benefits of the initiative for the industry in the short, medium and long term, including quantification when possible. It also includes an overview of the costs and how these would be offset. Five new sections have been added to the report:

·one including a summarised cost-benefit analysis (Section 6.1.5);

·one on the costs for private and public actors (6.1.6);

·one on the quantification of the operational benefits (6.1.7);

·one focusing on the impact of the different policy options on the international competitiveness of the EU space sector (6.1.8.); and

·one on the impact on SMEs (6.1.9.).

Under Section 9 (preferred option), the report assesses the potential risk for EU space operators if they establish themselves outside the EU in order to benefit from less stringent requirements.

A box including an overview of the global and the European space economy has been added to the introduction, to provide a more detailed outlook of the economic context and highlighted key facts and figures.

6

The report should also bring forward the evidence regarding the environmental challenges, supply chain pressures, and raw material dependency.

A more detailed explanation of the current situation and the specific difficulties and challenges for the space sector regarding environmental sustainability has been added to the report. More detailed information about environmental challenges, supply chain pressures and raw material dependency in relation to space has been included under problem 3 (Section 2.1.3.), including examples and references to relevant studies. 

7

The stakeholder views need to be clearly presented and systematically referred to throughout the report. Stakeholder categories should be clearly identified and differentiated, including innovative space start-ups and Member States.

The views of stakeholders have been systematically referred to throughout the report, highlighted in boxes in the relevant sections. These include the views expressed by Member States during bilateral discussions, and by industry (including start-ups and SMEs) in bilateral discussions and workshops, as well as references to their submissions papers and answers to the targeted and public consultations.

8

The report should set out clearly what success will look like. It should explain how this will be monitored and when an evaluation will take place.

The report includes a table detailing how the monitoring and evaluation of impacts will take place (Table 26). It also includes a subsection on what a successful implementation of the initiative would look like (Section 11.1).

9

The report should include an upfront presentation of the international legal context as well as thorough the annex with relevant EU legislation in place, which would support the problem definition. It should provide a fuller context for the numbers and tables included.

The international framework has been elaborated upon and further details provided in the Annex 12. The report incorporates more detail on Member States’ diverse approaches to space safety, resilience and sustainability, including examples of diverging requirements set out by EU national space legislation on these three key aspects. The report also includes more detail on the international legal context and the NIS2 and CER Directives (Section 2.2.2 and 2.3).

The report has included more context and explanation on the figures and tables.

10

The report should clarify between two seemingly contradicting findings: that over the next four decades, a collision is expected to occur on average once every five years (p. 11) and that a targeted population of 10 000 satellites will amount to 300 disabling collisions within 30 years (p. 18). 

The reference to 10 000 satellites amounting to 300 disabling collisions within 30 years has been deleted.

11

The report should further develop the third problem linked to environmental challenges by explaining the current situation and the specific difficulties and challenges for the space sector. The report should substantiate the need for space industry-specific methodologies for assessing and quantifying the environmental impacts of space activities, explaining why existing methodologies on LCA or existing ESG criteria and notification obligations are insufficient, and in what consist their shortcomings.

The third problem has been further developed to clearly present the relevant environmental challenges for the space sector currently and the regulatory gap that needs to be addressed. This provides an overview of existing methodologies and frameworks (EU sustainability legislation, ESG framework, LCA-related activities initiated by ESA).

12

The general objective(s) should cover other aspects of the initiative beyond the creation of internal market, such as safety, security, resilience, competitiveness and contribution to the twin transition. The part on ‘aligning in a consistent and cohesive manner national licensing requirements on safety, resilience, and environmental impact of space operations’ should not be part of the general objective(s) as it is too specific and rather identifies a solution.

The general objective has been further developed to encompass aspects such as competitiveness, the long-term sustainability of space activities and the contribution to key EU programmes and policy objectives (EU strategic autonomy, twin transitions, space strategy for Europe) – see Section 4.

13

The analysis should not be using USD, but make a conversion to EUR (the ECB rate and date of the quote should be provided in the relevant first footnote).

All values in USD have been converted to EUR (with the relevant ECB rate and date of the quote provided in the footnote).

14

The report should reconsider the numerical conclusion of symbol-based assessment of options (present also in the earlier tables on impacts overviews), which presently translates qualitative analysis into quantified indicator. The scoring is not intuitive for the efficiency analysis, which mostly discusses costs only, no benefits.

The presentation of the assessment of policy options has been adjusted to provide further clarity analysis and its conclusions (now including both the numerical and the symbol-based assessment).

EU (public and private) actors

EU satellite operators 3 : they will have to comply with certain measures related to safety, resilience, and environment sustainability 4 .

EU operators providing a ‘launching’ service: they will have to comply with certain measures related to safety, resilience, and environmental sustainability 5 .

EU (established) providers of (different types) of space-based services: they will provide and use only data/services derived from the use of satellites that comply with the EU measures 6 . This rule would apply to all types of space-based services and should affect all providers of such data 7 :

-Satellites producing space-based data, such as for Earth observation: e.g. Copernicus;

-Companies using space-based data for providing different services (i.e. gathering of space data in hubs, space applications …). 

Manufacturers of space infrastructure: they would be subject to certain risk management rules to ensure that their processes (manufacture, installation, repair) are resilient.

Non-EU actors

Providers of ‘launching’ services established in a non-EU country – where the EU satellite operator choses to launch its satellite from a non-EU country and the satellite-based services are intended to be provided in the EU.

Providers of space-based services will be covered if they intend to provide their services in the EU 8 .

Costs

Benefits

Public sector

Overheads: 1-4 FTEs per Member State depending on the maturity of its space sector

Up to 15 FTEs for the technical body, plus 2 FTEs for label management for EUSPA,
1 FTE for ENISA for certification schemes tailored to space (for ICT products, services, processes)

Label: EUR 3 m for developing and implementing the label (EUSPA)

Standards: EUR 10 m/15 m (EUR 1 m per standard)

Enforcement: EUR 2-3 m per year

Lowered overall administrative costs thanks to regulatory simplification

Member States preserve the possibility to use space to allow government missions (military and civilian) to continue

Shared costs for developing best practices with the industry

Private sector (including SMEs)

Satellite operator: Manufacturing costs – up to 10% of the satellite platform, depending on the level of requirements and the features of the space mission

Launch service provider: up to EUR 1.5 m for heavy launchers (Ariane 64 class)

Launch service provider (SMEs): EUR 200 000

All: Risk management costs: 10% of a company’s IT budget

EUR 100 000 for licensing requirements per product line

EUR 4 000-8 000 for implementing the PEFCR

Regulatory simplification: greater market access (1 product, 27 Member States), faster time to market, [poss. 1 licence per constellation rather per individual satellites]

More revenues due to life extension of satellite (from five to six years in LEO for a typical satellite) leading to an annualised economic effect of EUR 1.3 bn.

Global competitive advantage: first mover and high level of protection means that companies boost the competitive advantage vs non-EU competitors.

Long-term: preservation of the EU space business, 20% of EUR 700 billion in 2031

Development of new business segments (such as: active debris removal, OSAM, encryption)

I. Overview of benefits (total for all provisions) – preferred option

Description

Comments

Direct benefits

Reduced space debris generation, ensuring operations continue and mitigating disruption and manoeuvring costs

Industries engaged in space activities, including satellite operators and space agencies, stand to benefit directly from increased operational efficiency and cost savings stemming from the establishment of binding and non-binding safety measures. From an economic point of view, the preferred option will provide an annual economic effect to the European satellite operators that can be estimated at EUR 674 m. Comparing this benefit to the costs described in the previous section leads to a net benefit for the European satellite operators of EUR 494 million annually.

In addition, people relying on satellite-based services, such as telecommunications and weather monitoring, would receive more reliable and resilient services, helping to improve overall societal well-being. Therefore, the regulatory framework positively impacts both the space industry and the broader public by fostering a safer and more sustainable space environment.

Reduced cybersecurity risks ensuring business continuity and mitigating disruption costs

The approach proposed by option 2+ would fortify space systems against potential cyber threats, safeguarding critical infrastructure and sensitive data. Industries involved in space-related ventures, including satellite operators and technology providers, would directly benefit from increased resilience, ensuring uninterrupted operations and mitigating the costs associated with cybersecurity breaches and disruptions. The benefits of the cyber protection required under the preferred option would also add to the overall benefits. The cost of cyberattacks is considered to be 5 times the cost of cyber protection allowing for an annual benefit of EUR 320 million for European manufacturers of space machinery.

Beyond the industry, people relying on space-based services, such as navigation and communication, would experience improved reliability and security.

Companies implementing incentive measures/safety labels would gain share in the EU market and boost their global competitiveness

Companies proactively adopting non-binding measures on the three key elements covered by the law (safety, sustainability and resilience) and implementing space safe labels stand to gain a competitive edge in the EU market. By showcasing a commitment to safe, sustainable and resilient practices, these companies would not only boost their market share within the EU but also bolster their global competitiveness. The appeal of safety-conscious and incentivised space activities could attract international partners and customers, positioning these companies as leaders in responsible and sustainable space practices.

Improved environmental performance and sustainability in the space sector

The development of a PEFCR method for measuring the environmental footprint of space activities could help industry to systematically identify areas where environmental efficiencies can be achieved. This could lead to a potential reduction of resource consumption, energy use, optimisation of manufacturing processes, etc. throughout the life cycle of space activities.

Indirect benefits

Environmental benefits: reducing CO2 emissions and achieving EU and global environmental goals

Systematically implementing a methodology to assess the environmental footprint of space activities would allow environmentally friendly technologies and practices to be developed and integrated across the space value chain. As a result, the sector can move towards more sustainable practices that align with EU and global environmental goals.

Creation of new business opportunities in the space cybersecurity, space safety and space sustainability domain (such as: encryption services and technologies; space situational awareness services; collision avoidance systems; green propellants)

Following the establishment of a binding framework regulating the safety, sustainability and resilience of space activities, companies conducting their activities in these sectors could capitalise on the growing demand for compliance with these measures. This legal framework not only ensures responsible space practices but also stimulates economic growth by creating a dynamic market for cutting-edge space services and technologies within the EU.

Stable and clear legal framework encouraging private investment in space start-ups and SMEs

Clarity in regulations would instil confidence among investors, mitigating uncertainties associated with legal compliance and potential risks. This stability would reduce perceived barriers to entry, making the space sector more attractive for private investment (NB: based on the commercial growth of current start-ups, the total investment need for the next seven years is estimated to be EUR 10 billion). As regulations address safety and sustainability, investors are more likely to view space ventures as responsible and forward-thinking, further boosting the sector’s appeal. Compliance with such rules would also make companies eligible for green financing.

Increased awareness on the importance of cybersecurity, safety and sustainability of space operations

Establishing an EU Space Act would increase awareness among stakeholders of the importance of space activities and their safety, sustainability and resilience. This increased awareness would extend across governmental bodies, private companies, and the general public, fostering a collective commitment to securing space assets, ensuring operational safety, and promoting sustainable practices. This would also encourage collaboration and innovation in addressing the multifaceted challenges faced by space operators and strengthen the EU’s strategic position as a global space leader.

Triggering of similar regulatory efforts at global level

Implementing a comprehensive legal framework on space activities by the EU could catalyse global regulatory efforts, positioning the EU as a standard-setter, similarly to what was achieved through GDPR in terms of data privacy. The influence of the EU’s regulations, driven by its significant role in the space sector, may encourage other nations to adopt similar measures, encouraging harmonisation and cooperation on an international scale. The EU’s reputation for setting high standards, combined with the inherently global nature of space activities, boosts its potential to shape a unified approach to safety, sustainability, and resilience in the global space industry. By taking the lead on this, the EU could also boost the global competitiveness of its industry, by ensuring that non-EU countries do not impose their regulations and standards on these three key aspects.

Administrative cost savings related to the ‘one in, one out’ approach*

Compliance costs

Affected stakeholders:

-satellite operators, operators of launch services, manufacturers of space machinery, providers of space-based services

-responsible authorities

Prevent internal market fragmentation that results in divergent national legal frameworks regulating the safety, resilience and sustainability of space activities

Affected stakeholders:

-Businesses – reduced administrative costs related to compliance with different national legislations and the creation of a licensing process per product line instead of per satellite enabling constellation operations to save approximately EUR 68 million over the next decade.

II. Overview of costs – preferred option

Citizens/consumers

Businesses

Administration

One-off

Recurrent

One-off

Recurrent

One-off

Recurrent

Safety, resilience and sustainability measures

Direct adjustment costs

n/a

n/a

For resilience: see specific estimations based on use cases for the costs of measures in the Restricted Annex.

In addition, general estimation in resilience: Cost of risk management: as a proxy, building an inventory management system may vary between EUR 80 000 to 240 000 for a solution of average complexity; and between EUR 240 000 to more than 380 000 for a large-scale system integrated with hardware and that provides inventory analytics (most large companies already have this system in place)

Cost of developing a PEFCR for space activities: estimated in EUR 2.5 million Environment:

Cost of carrying out a PEFCR for the space activities: around EUR 8 000, and EUR 4 000 in case the PEFCR already exists.

For resilience: see Restricted Annex. Costs of implementing the risk management framework for space systems; carrying out risk assessments; detection, protection measures, business continuity measures; risk management for the supply chain. In general, the recurring cost of cyber protection is considered to be 1% of the annual turnover. For space manufacturers and operators, it could cost EUR 80 million

Safety:

Cost of establishing, maintaining and promoting the label: In total, this adds up to EUR 3.28 million annually for the governance costs.

Increased costs for satellite operators due to the increased technical requirements for preventing debris leading to an increase in the manufacturing cost of the satellite platform from 3 to 10%

Environment: Cost of developing the specific PEFCR for the space sector: EUR 2 450 million (for EU Commission)

n/a

Direct administrative costs

n/a

n/a

For resilience: see estimations for the costs of measures in the Restricted Annex

n/a

Setting-up national security monitoring centres

Increase need for staff due to the new technical requirements.

- 1 to 2 FTEs for Member States that have an established space sector (11 Member States)

- 4 FTEs for Member States drawing up a space law (5 Member States)

- 15 FTEs for EUSPA for Member States that choose to trust EUSPA as the notifying body

- 2 FTEs for EUSPA for developing the label

- 1 FTE for ENISA for certification scheme: EUR 4.4 m annually

Ongoing obligations (For EUSPA receiving reports of

significant incidents from space operators operating EU-owned assets); for national monitoring security centres, costs for processing the data received during the reporting + assessment of an incident.

Total overhead cost of EUR 4.4 million annually

Monitoring the specific features for the light regime

Direct regulatory fees and charges

n/a

n/a

n/a

n/a

n/a

n/a

Direct enforcement costs

n/a

n/a

EUR 100 000+ for the licensing requirements

Safety: Recurrent ROM cost estimate, can be reduced through technology developments:

- small, medium to large satellites: ~3 - 10% platform cost

- Cubesat/ nanosat: < EUR 300 000

Safety; cost of applying and using the label: The annual costs for using the EU Ecolabel are as follows:

micro-enterprises pay between EUR 200 and 350;

SMEs pay between EUR 200 and EUR 600;
all other companies pay between EUR 200 and 2000. The maximum annual fee is capped at EUR 18 750 for micro-enterprises and SMEs; and, EUR 25 000 for all other companies

Setting-up relevant national authorities

Monitoring compliance with the risk management rules: For the EU Ecolabel and the annual fee for using the Ecolabel. The maximum annual fee is capped at EUR 18 750 for micro-enterprises and SMEs; and EUR 25 000 for all other companies

EUR 2-3 million for EUSST

Indirect costs

n/a

n/a

For resilience: see Restricted Annex

For resilience: see Restricted Annex

n/a

n/a

Costs related to the ‘one in, one out’ approach

Total

Direct adjustment costs

n/a

n/a

Familiarisation with new requirements: n/a

EUR 290 million (on an annual basis)

n/a

n/a

Indirect adjustment costs

n/a

n/a

n/a

n/a

n/a

n/a

Administrative costs (for offsetting)

n/a

n/a

n/a

1.5 FTEs leading to a total overhead cost of EUR 2.4 million annually.

59 FTEs

n/a

Costs

Compliance

EUR 136 million annually (1% of annual turnover of the upstream and midstream)

Manufacturing costs

EUR 180 million annually

Private overhead

EUR 2.4 million annually

Administrative overhead

EUR 4.4 million annually

Total costs

EUR 322.8 million annually

Benefits

Operational benefits

EUR 674 million annually

Resilience benefits

EUR 320 million annually

Regulatory simplification benefits

EUR 6.3 million annually

Total benefits

EUR 1 000.8 million annually

Total benefits minus costs

EUR 677.5 million annually

III. Overview of relevant SDGs – preferred option(s)

Relevant SDG

Expected progress towards the Goal

Comments

SDG No 13 – Climate Action

Space technologies play a central role in:

- climate change monitoring

- weather forecasting

- disaster management

- search and rescue operations.

Ensuring the safety and resilience of space activities through a binding framework will prevent disruptions and ensure continuity of these critical services.

Moreover, the development of a PEFCR method for the space sector would allow environmentally friendly technologies and practices to be developed and integrated across the space value chain. As a result, the sector can move towards more sustainable practices that enable the achievement of global climate objectives.

The European Commission will leverage its research programme Horizon Europe to help companies (especially start-ups and SMEs) develop the necessary technologies to ensure compliance with the measures included in the legislative proposal (e.g. alternative/green propellants and electric propulsion systems).

SDG No 8 – Decent Work and Economic Growth

Option 2+ would create a stable and clear legal framework in which the following would be fostered.

- Industry expansion and innovation: a stable and predictable environment encourages private investment and industry expansion. This leads to increased innovation and economic growth within the sector, particularly for start-ups and SMEs, boosting the global competitiveness of EU space industry.

- Job creation: the growth of the space industry, spurred by a robust legal framework, would create employment opportunities. The development of new markets and business opportunities would also create employment opportunities.

Technological transfer: emphasis on sustainability, safety and resilience of space activities would also encourage the development and adoption of new technologies. These may find applications beyond the space sector, contributing to advancements in other industries and sectors of the economy.

SDG No 9 - Industry, Innovation and Infrastructure

A clear legal framework paired with supporting measures for industry would allow safe, sustainable and resilient space-based infrastructure to be developed, increase the inclusivity of the industry by supporting SMEs, and stimulate innovation through research and development incentives.

The development of a PEFCR method for the space sector would allow environmentally friendly technologies and practices to be developed and integrated across the space value chain.

The creation of new markets and business opportunities would drive sustainable industrialisation and technological solutions across the EU, while prompting the development of new skills.

SDG No 12 - responsible consumption and production,

The establishment of a binding framework on the sustainability of space activities would help industry to systematically identify areas where environmental efficiencies can be achieved. This could lead to, e.g. potential reduction of resource consumption and energy use, and optimisation of manufacturing processes, throughout the life cycle of space systems.

The European Commission will leverage its research programme Horizon Europe to help companies (especially start-ups and SMEs) develop the necessary technologies to ensure compliance with the measures included in the legislative proposal (e.g. alternative/green propellants and electric propulsion systems).

SDG no. 17 – Partnerships for the Goals

The implementation of a comprehensive legal framework on space activities by the EU could catalyse global regulatory efforts, positioning the EU as a standard-setter, similarly to what was achieved through GDPR in terms of data privacy. The influence of the EU’s regulations, driven by its significant role in the space sector, may encourage other nations to adopt similar measures, fostering harmonisation and cooperation on an international scale. The EU’s reputation for setting high standards, combined with the inherently global nature of space activities, increases its potential to shape a unified approach to safety, sustainability, and resilience in the global space industry.

Country

National instrument(s)

Scope of application

General conditions for licensing 12

Modification, revocation or suspension of licence

Transfer of licence

Belgium

Law of 17 September 2005 on Activities of Launching, Flight Operation or Guidance of Space Objects (revised in 2013)

Royal Decree of 15 March 2022 Implementing Certain Provisions of the Law of 17 September 2005 on Activities of Launching, Flight Operations and Guidance of Space Objects

Operator Handbook

The Law on the Activities of Launching applies to activities involving the launch, flight operations and guidance of space objects carried out by natural or legal persons in the zones placed under the jurisdiction or control of Belgium or using installations, personal or real property, owned by Belgium or under its jurisdiction or its control.

The law may also apply to these activities when carried out by natural or legal persons of Belgian nationality if provided for under an international agreement, regardless of the location where such activities are carried out.

Space activities require authorisation by the Minister with responsibility for space research.

The activities must be in accordance with international law.

The King may impose general conditions for the authorisation of space activities in order to ensure the safety of persons and goods, environmental protection, the optimal utilisation of airspace and outer space and the protection of strategic, economic and financial interests of the State, and to comply with Belgium’s obligations under international law.

The Minister with responsibility for space research can impose specific conditions for the authorisation of a space activity in order to achieve the these aims. In particular, the Minister may impose the technical assistance of a third party, set conditions for the location of the activities or the location of the main establishment of the operator or impose taking out insurance to cover damage to third parties.

Licences can be modified, revoked or suspended in cases of non-compliance with the general or specific licensing conditions, a breach of legislation and compelling reasons of public order or the safety of persons or goods.

In principle, licences are not transferable. However, a licence can be transferred if prior authorisation is sought and granted by the Minister with responsibility for space research.

The transfer of licences is subject to the same conditions as for licensing.

Denmark

Outer Space Act (Act No 409 of 11 May 2016)

Executive Order on requirements in connection with the approval of activities in outer space, etc. (Executive Order No 552 of 31 May 2016)

The Outer Space Act applies to space activities carried out: (i) within Denmark; and (ii) outside Denmark on Danish craft or facilities or by Danish operators.

Space activities are defined as launching space objects into outer space; the operation, control and return of space objects to Earth; and other related essential activities.

Space activities may only be carried out after prior approval from the Minister for Higher Education and Science.

To request authorisation, the operator must provide documentation demonstrating:

1) the ownership of the space object;

2) that the operator has the required qualifications, including the technical expertise and financial capacity, to carry out the space activity;

3) that the space activity is carried out in an appropriately safe manner and meets the relevant standards and guidelines;

4) that the operator has taken appropriate measures for space debris management;

5) that the space activity is carried out in an environmentally safe manner;

6) that the space activity does not conflict with national security interests, Denmark’s international obligations or foreign policy interests;

7) that the operator meets requirements for insurance or other liability cover;

8) that the operator meets current ITU regulations on the allocation of frequencies and trajectory positions.

Licences can be modified or revoked due to non-compliance with the licensing conditions. If revoked, the space activity may be transferred to a third party or terminated.

Transfer of the licence is possible but requires prior authorisation.

If an operator wants to transfer space objects or space activities to another owner or operator domiciled in another country, the Minister for Higher Education and Science may impose requirements for an advance agreement with that country to take over the liability for damages.

Greece

Law 4508/2017 on Authorisation of Space Activities, Registration in the National Register of Space Objects, Establishment of a Greek Space Organisation and Other Provisions (amended by Law 4712/2020)

Law 4508/2017 is applicable to space activities:

(a) carried out within Greece; 
(b) carried out outside Greece if facilities, personnel or movable or immovable property belonging to or under its jurisdiction are used;
c) regardless of location, if they are carried out by natural persons of Greek nationality or legal persons domiciled in Greece and only if this is provided for by an international agreement or treaty; 
d) carried out by natural or legal persons, domestic and foreign, within Greece or for which facilities, personnel, or movable or immovable property of Greece are used or belong to the jurisdiction and are under the responsibility of Greece as a launch country in accordance with international law.

Space activities require prior authorisation by the Minister of Digital Policy, Telecommunications and Media.

Conditions for licensing:

(a) the organisation has the necessary reliability, capability and experience to carry out the space activities;
(b) the space activity does not pose a threat to national security, public order, the security of persons and property, and public health;
(c) the space activity does not contradict Greece’s obligations under international law or the strategic objectives of Greek foreign policy;
(d) appropriate provision has been made for the mitigation and management of space debris in line with technological developments and international practices;
(e) the space activity does not cause contamination of space or celestial bodies or adverse changes to the environment;
(f) the organisation meets ITU requirements for orbital positions and associated radio frequencies;
(g) the organisation complies with the insurance requirements;
(h) the operator has taken appropriate measures for the smooth and safe termination of the space activity.

Additional conditions may be imposed by the Minister of Digital Policy, Telecommunications and Media in order to ensure the safety of people and property, to protect the environment, to ensure the optimal use of the atmosphere and outer space, to safeguard Greece's strategic, geopolitical and financial interests, and to comply with Greece's obligations under international law.

Licences may be revoked or suspended if one of the general or special conditions for the licence is not complied with or if the licensing provisions are breached. This may also occur for reasons of public order, safety and health.

When an authorisation is revoked or suspended after the launch of the space object into outer space, the Minister for Digital Policy, Telecommunications and Media must take the necessary measures for the temporary continuation or safe termination of the space activity in order to guarantee the safety of space activities and to ensure the protection of property and the environment. To this end, the Minister may issue instructions to the operator or third parties, have recourse to the services of third parties or transfer the space activities to another body in order to ensure continuity of flight and guidance activities. If necessary, the Minister may also issue orders to deactivate or destroy the space object.

Transfer of the licence is allowed but subject to prior authorisation by the Minister for Digital Policy, Telecommunications and Media.

Transfer of the licence is subject to the same conditions as for licensing.

France

Law No 2008-518 of 3 June 2008 (Space Operations Act), as amended by Law No 2023-703 of 1 August 2023 (Art. 60)

Decree No 2009-640 of 9 June 2009, implementing the provisions provided for in Title VII of the Space Operations Act, as amended by Decree No 2022-233 of 24 February 2022

 
Decree No 2009-643 of 9 June 2009 relating to the authorisation granted under the Space Operations Act, as amended by Decree No 2022-234 of 24 February 2022
 
Decree of 31 March 2011 on Technical Regulation issued under the Space Operations Act, as amended by Order 2022-232 of 23 February 2022

Space Operations Act:

- Material scope: any activity consisting of launching, attempting to launch or intending to procure the launch of an object into outer space, or of ensuring the control of a space object during its journey in outer space, including the Moon and other celestial bodies, and, if necessary, during its return to Earth; and the transfer of a space object which has been authorised under the Space Operations Act and the transfer of control of a space object whose launch has not been authorised under the Act.

- (Quasi-) territorial jurisdiction: activity carried out in the national territory or using means or facilities under French jurisdiction.

- Personal jurisdiction: a French natural or legal person, a legal person whose headquarters is located in France.

Space activities may only be carried out after prior authorisation.

Authorisations to launch, control and transfer the control of a launched space object and its return to Earth are issued after the administrative authority checks the applicant's moral, financial and professional guarantees and, where applicable, those of its shareholders. The authority also checks that the systems and procedures it intends to implement comply with technical regulations, in particular on ensuring the safety of persons and property and the protection of public health and the environment.

Authorisations may be subject to specific conditions to ensure the safety of persons and property, the protection of public health and the environment, in particular to mitigate the risks associated with space debris. Conditions may also be imposed for reasons of national defence or to comply with France’s international obligations.

Each application for authorisation must include: (1) an administrative file demonstrating the moral, financial and professional guarantees of the applicant; (2) a technical file describing the space operation to be conducted and the systems and procedures that the applicant intends to implement; and (3) a file specifying the characteristics of the space object that are necessary to check that the operation is not likely to compromise national defence interests.

Licences may be revoked or suspended on the grounds of non-compliance with the licensing conditions, national security or international obligations, or if the licence was granted based on false information.

Transfer of the licence is possible but requires prior authorisation.

Luxembourg

Law on the Exploration and Use of Space Resources, 2017

Law on Space Activities, 2020

The Law on Space Activities applies to space activities carried out:

(1) by an operator of any nationality from Luxembourg or using facilities, whether movable or immovable, under the control and jurisdiction of Luxembourg; or

(2) in the territory of another country or an area not subject to the sovereignty of any state by Luxembourgish nationals or by legal persons established under Luxembourgish law.

The Law on Space Activities does not apply to missions involving the exploration and use of space resources, which are governed by the Law on the Exploration and Use of Space Resources.

Space activities require prior authorisation by the Minister responsible for space affairs.

Conditions for authorisation:

The operator must have a solid system of procedures and financial, technical and legal frameworks to plan and carry out space activities. The operator must also have: (i) a solid internal governance system, in particular a clear organisational structure with a division of responsibilities that is clear, transparent and consistent; (ii) effective processes to detect, manage, mitigate and declare the risks to which it is or could be exposed; (iii) mechanisms providing adequate internal controls, including sound administrative and accounting procedures; and (iv) monitoring and security mechanisms of its technical systems and applications.

Such arrangements, processes, procedures and mechanisms must be exhaustive and appropriate to the nature, scale and complexity of the risks inherent to the business model of the operator and the space activity.

The members of the operator’s management body must at all times be of good repute and have the knowledge, skills and experience necessary to carry out their duties.

The application for authorisation must be accompanied by a risk assessment of the space activity, which specifies the coverage of risks by the operator's own financial means, by an insurance policy or by a guarantee from a credit institution. Authorisation is subject to the existence of sufficient financial means to mitigate the risks of the space activity.

Authorisation is withdrawn if:

1. the conditions for granting it are no longer met;

2. the authorisation was obtained by means of false declarations or by any other irregular means;

3. the operator does not use it within 36 months of its granting, waives it or has ceased to exercise its activity in the previous six months.

If an authorisation is revoked, the Minister must take all necessary measures to prevent the space activities from affecting the safety of persons or property, the environment or increasing the risk of international liability for Luxembourg.

To achieve this, the Minister may engage the services of third parties or transfer control of the object to another operator to ensure the continuity of flight and guidance operations. If necessary, the Minister may also proceed with re-orbiting or de-orbiting, even if this risks the loss or destruction of the space object.

Licences are transferable but only with the prior authorisation of the Minister.

The conditions for transferring the licence are the same as for authorisation.

Netherlands

Space Activities Act, 2007

Order of the Minister of Economic Affairs dated 7 February 2008, No. WJZ 7119929, containing rules governing licence applications for the conduct of space activities and the registration of space objects

Order of the Minister of Economic Affairs dated 16 April 2010, No. WJZ/10020347, containing amendments to rules governing licence applications for the conduct of space activities and the registration of space objects

Decree of 19 January 2015 expanding the scope of the Space Activities Act to include the control of unguided satellites (Unguided Satellites Decree)

Order by the Minister of Economic Affairs of 26 June 2015, No. WJZ/15055654, amending the Space Activities Licence Application and Registration Order, in connection with changes to the application form

The Space Activities Act applies to space activities that are carried out in or from within the Netherlands or else on or from a Dutch ship or Dutch aircraft.

Space activities are defined as the launch, operation or guidance of space objects in outer space.

Space activities are subject to prior authorisation by the Minister of Economic Affairs.

A licence is refused if:

a. this is necessary in order to comply with a treaty or a binding decision of an international institution;

b. facts or circumstances suggest that the safety of persons and goods, environmental protection in outer space, the maintenance of public order or national security might be jeopardised by issuing the licence;

c. its issuance would contravene rules laid down by law.

A licence may also be refused if:

a. a previously issued licence has been revoked owing to a breach of the rules laid down by law or of the regulations attached to the licence;

b. the applicant has not discharged their obligations under a previously issued licence;

c. the application or the applicant does not comply with the rules laid down by law;

d. there is good reason to fear that that the applicant will not act in accordance with the rules laid down by law;

e. this is necessary to protect the safety of persons and goods, the environment in outer space, financial security, public order, national security or to fulfil the country's international obligations.

Licences may be modified or revoked on compulsory or discretional grounds.

The licence is revoked if:

a. this is requested by the licence holder;

b. this is necessary to comply with a treaty or a binding decision of an international institution;

c. there is good reason to fear that the maintenance of the licence will jeopardise the safety of persons and goods, environmental protection in outer space, the maintenance of public order or national security.

A licence may also be revoked if:

a. the rules laid down by law or the regulations pertaining to the licence have been, or are being, breached;

b. the space activities have not started within the stipulated time limit;

c. the purpose of the space activities for which the licence was issued has changed substantially;

d. this is justified by a change in the technical or financial capabilities of the licence holder;

e. the information or documents furnished with the application prove to be so incorrect or incomplete that a different decision would have been made on the application if the true circumstances had been known at the time of its assessment;

f. this is necessary to protect the safety of persons and goods, the environment in outer space, financial security, public order, national security or to fulfil the country's international obligations.

Licences are not transferable.

Austria

Federal Law on the Authorisation of Space Activities and the Establishment of a National Registry, 2011 (Outer Space Act)

Explanatory Report to the Outer Space Act, 2016

Regulation No 36/2015 of the Federal Minister for Transport, Innovation and Technology in Implementation of the Federal Law on the Authorisation of Space Activities and the Establishment of a National Space Registry, 2015 (Outer Space Regulation)

The Outer Space Act is applicable to space activities carried out:

1. on Austrian territory;

2. on board vessels or aeroplanes, registered in Austria; or

3. by a natural person with Austrian citizenship or legal persons seated in Austria.

Space activities require authorisation by the Minister for Transport, Innovation and Technology.

Conditions for authorisation:

1. the operator possesses the necessary reliability, capability and expertise to carry out the space activity;

2. the space activity does not pose any immediate threat to public order, the safety of people and property and public health;

3. the space activity does not run counter to national security, Austria’s obligations under international law or Austrian foreign policy interests;

4. the operator has made appropriate provision for the mitigation of space debris in accordance with the state of the art and in due consideration of the internationally recognised guidelines for the mitigation of space debris; in particular, the operator has taken measures limiting the debris released during normal operations;

5. the space activity does not cause harmful contamination of outer space or celestial bodies or adverse changes to the environment;

6. the operator fulfils the requirements of the International Telecommunication Union (ITU) for orbital positions and frequency assignments;

7. the operator has taken out insurance against liability for damages caused to people and property;

8. the operator has made provision for the orderly termination of the space activity.

The authorisation may contain additional conditions and obligations.

The licence can be revoked or modified in cases of non-compliance with the general or specific licensing conditions.

If the authorisation is revoked, the operator may be required to temporarily continue or safely terminate the activity. If the operator does not comply with these instructions, control of the space activity may be conferred to another operator by the Minister for Transport, Innovation and Technology.

Transfer of the licence is possible but requires prior authorisation by the Minister for Transport, Innovation and Technology. The transfer of licences is subject to the same conditions as for licensing.

Portugal

Decree-Law No 16/2019, of 22 January, Laying down the regime of access to and exercise of space activities

ANACOM (Autoridade Nacional de Comunicações) Regulation No 697/2019, of 5 September, on access to and exercise of space activities

Ordinance No 279/2023 of 11 September.

The Decree-Law applies to space activities, considered to be space operations or launch centre operations carried out:

a) on the national territory, including sea space and airspace under Portuguese sovereignty or jurisdiction, on board Portuguese vessels and aircraft or from facilities under Portuguese jurisdiction or sovereignty, regardless of the operator’s nationality; or

b) outside the national territory by Portuguese operators or operators established on the national territory.

Space activities are subject to prior authorisation.

Conditions for authorisation:

a) the applicant has the technical, economic and financial capacity for the space operations intended to be carried out;

b) the space operation provides appropriate safeguards against damage to the Earth’s surface, airspace and outer space, according to applicable national and international obligations;

c) the space operation guarantees the minimisation of space debris, to the greatest possible extent, according to international principles and obligations;

d) the space operation is compatible with applicable public security standards, including those relating to public health and the physical security of the public;

e) the space operation does not jeopardise internal security and the strategic interests of Portugal or breach international obligations;

f) all other authorisations and certificates required for the space operation have been issued by the relevant bodies;

g) the applicant has taken out the compulsory civil insurance.

Specific conditions may also be imposed.

A licence may be revoked in the following situations:

a) where the licence holder fails to comply with its duties relating to the exercise of the activity in accordance with the law and the respective licence, including where, for any reason, the compulsory civil liability insurance ceases to be in force or does not allow applicable conditions to be ensured;

b) where the licence holder fails to comply with requirements imposed by the space authority;

c) where the licence holder repeatedly fails to comply with its duty to submit information to the space authority;

d) due to constraints related to the security of persons or property, determined by the relevant authorities.

Transfer of licence is subject to prior authorisation.

Slovenia

Space Activities Act, 2022

The Space Activities Act applies to space activities carried out in Slovenia and to space objects entered in Slovenia’s register of objects launched into outer space.

The Act also applies to space activities carried out: (i) outside Slovenia on a vessel or aircraft registered in Slovenia: and (ii) by citizens of Slovenia and legal persons established in Slovenia.

Space activities are subject to prior authorisation.

Conditions for authorisation:

1. the operator is professionally qualified and has the technical knowledge of space and similar technologies and the financial capacity to conduct space activities;

2. space activities are conducted in accordance with international standards and guidelines of internationally recognised standardisation organisations on the safety and technology of space activities;

3. space activities do not pose a threat to national defence, public order, the safety of people or their property, national intelligence and security operations, the protection against natural or other disasters and do not negatively affect public health, the environment or aviation;

4. space activities do not contravene treaties or rules of international law that are binding on Slovenia;

5. space activities envisage the use of available frequencies in accordance with the applicable legislation governing radio spectrum management, except for launch vehicles;

6. space activities envisage measures for limiting the generation of space debris in accordance with the applicable UN Space Debris Mitigation Guidelines and for limiting adverse environmental effects on Earth or outer space or adverse changes to the atmosphere.

Before the launch of a space object into outer space, the operator must take out insurance against damage caused by the space activity to people or property.

A licence may be revoked if it is shown that:

1. the launch was not carried out within five years of issuing the licence due to circumstances attributable to the operator;

2. the application for issuing the licence contains false or incomplete information that considerably affected the decision on issuing the licence;

3. the operator does not have the compulsory insurance;

4. the operator no longer meets the conditions for obtaining the licence;

5. revoking the licence is necessary in order to meet Slovenia's international obligations.

If a space object has already been launched, the Ministry may, in its decision to revoke the licence, ask the operator to transfer the space activities in full to another operator in order to continue the activities, or take steps to discontinue the space activities, including procedures for limiting the generation of space debris, to the extent this is technically feasible.

The operation of the space object for which the licence was issued can be transferred to another operator that is a citizen of Slovenia or a legal person established in Slovenia only with the Ministry’s permission.

If the operation of the space object is transferred to an operator that is a citizen of another country or a legal person established in another country, the Ministry can grant permission if Slovenia has signed an international agreement with that country regulating liability for damage.

Finland

Act 63/2018 on Space Activities, 2018

Decree 74/2018 of the Ministry of Economic Affairs and Employment on Space Activities, 2018

The Act on Space Activities applies to space activities carried out in Finland and to space activities outside Finland if they are carried out: (i) on board a vessel or aircraft registered in Finland; or (ii) by a Finnish citizen or a legal person incorporated in Finland.

Space activities are defined as launching a space object into outer space, the operation and control of the space object in outer space, as well as measures to return the space object to Earth.

Space activities may only be carried out after prior approval by the Ministry of Economic Affairs and Employment.

The conditions for authorisation are that:

1) the operator is reliable and has the necessary technical expertise and financial capacity to carry out space activities;

2) the operator has provided a risk assessment on its space activities to the Ministry and, according to the assessment, the activities will not cause any particular risk to persons, property or public safety;

3) the operator seeks to prevent the generation of space debris and adverse environmental impacts on Earth, the atmosphere and outer space;

4) the operator has made a plan for discontinuing the space activities and for the related measures;

5) the space activities are compatible with national security interests, Finland’s international obligations and Finland’s foreign policy interests;

6) the operator takes out insurance against damage caused by the space activities to third parties;

7) the operator complies with the rules of the ITU in force;

8) the operator provides evidence of compliance with the export control provisions in force.

Additional conditions for the safe conduct and supervision of the space activities may be attached to the authorisation.

The authorisation may be amended or withdrawn if:

1) the application for authorisation contained inaccurate or incomplete information;

2) the operator no longer fulfils the essential conditions for authorisation;

3) the operator has neglected or breached an obligation or restriction laid down in law or the authorisation conditions;

4) amending or withdrawing the authorisation is necessary because of Finland’s international commitments or obligations.

In its decision to amend or withdraw an authorisation, the Ministry may impose conditions for the safe continuation or discontinuation of the space activities. When withdrawing an authorisation, the Ministry may also order the operator to transfer the space activities to another operator for their continuation.

The effective control of a space object or of space activities may be transferred to another operator or owner only if the Ministry of Economic Affairs and Employment has approved the transfer in advance.

The conditions for the transfer are the same as for the authorisation of space activities, but further conditions may be imposed for the safe conduct and supervision of the space activities.

If a transfer is made to an operator or owner incorporated in another country, the Ministry of Economic Affairs and Employment may require that the country in question agrees with Finland in advance on liability for damage caused by the space object.

Sweden

Act on Space Activities (1982:963)

Decree on Space Activities (1982:1069)

The Act applies to activities in outer space (space activities). In addition to activities carried out entirely in outer space, the Act applies to launching objects into outer space and all measures to manoeuvre or in any other way affect objects launched into outer space. Launching sounding rockets or merely receiving signals or information in some other form from objects in outer space are not considered to be space activities under this Act.

Space activities may not be carried out from Sweden by any party other than the Swedish government without a licence from the government. Similarly, a Swedish natural or legal person may not carry out space activities elsewhere without such a licence.

A licence may be restricted in the way deemed appropriate, taking into account specific circumstances. It may also be subject to certain conditions for monitoring the activity or for other reasons.

Licences can be temporarily or permanently revoked in cases of non-compliance with general and specific licensing conditions or for exceptional reasons determined by the government.

Country

Safety and sustainability considerations in the licensing of space activities 15

Compliance with international guidelines and standards on safety and sustainability 16

Belgium

General conditions for the authorisation of space activities may be imposed in order to ensure: (i) the safety of persons and goods; (ii) environmental protection; (iii) the optimal use of airspace and outer space; (iv) the protection of Belgium’s strategic, economic and financial interests; and (v) compliance with the country’s obligations under international law.

The Minister with responsibility for space research can impose specific conditions for the authorisation of a space activity in order to achieve these aims. In particular, the Minister may: (i) impose the technical assistance of a third party; (ii) set conditions for the location of the activities or the location of the main establishment of the operator; and (iii) impose taking out insurance against damage to third parties.

An environmental impact assessment must be conducted by expert(s) appointed by the Minister with responsibility for space research. An initial study is carried out before the authorisation is granted in order to assess the potential impact on Earth’s environment or outer space of the launch or operation of the space object. An interim study is carried out at the request of the Minister after the launch of the space object or during its operation in order to evaluate the real consequences of the activities for Earth’s environment and outer space. A final study may be carried out at the request of the Minister for when the space object re-enters the atmosphere.

When the launch or operating activities include the use of nuclear power sources, the operator must mention this in its authorisation application. The Minister grants the authorisation only under specific conditions taking into account, in particular, the danger that the use of such power sources may represent, the basic precautions to be taken with regard to health and safety protection, the protection of the environment and the applicable standards of national and international law.

The Belgian Science Policy Office notes that the 2005 Law ‘forms the tool with which international standards or recommendations are implemented. These include the resolutions and guidelines issued by the United Nations, which respond to the need to regulate space activities and their development. From this perspective, Belgium has chosen not to issue its own standards, but to align itself with the standards and references recognised on a European and international level’ 17 .

The Minister with responsibility for space research may oblige operators to comply with international standards and rules, such as the COPUOS Space Debris Mitigation Guidelines, the IADC Space Debris Mitigation Guidelines, ITU Recommendation ITU-R S.1003, European Code of Conduct for Space Debris Mitigation, and ISO standards (24113: Space Systems – Space Debris Mitigation Requirements). Such a decision is taken on a case-by-case basis. However, the King may require all operators to comply with those standards.

The environmental impact assessment must include a risk assessment of the potential impact of the space object on Earth and the activities’ compliance with international standards for limiting space debris, as deemed applicable by the Minister. Specifically, the report must contain the necessary information for the operator to demonstrate its compatibility with: (1) the recommendations adopted by the UN COPUOS and published on the dedicated website of the Belgian Science Policy Office 18 , to the extent that these recommendations are applicable to the activities concerned; and (2) where applicable, any other models or technical standards identified by the Minister before the authorisation application (Art. 8 §1(1)(d) Royal Decree).

If a nuclear power source is to be used, the environmental impact assessment must include a specific annex that details the measures to be taken to guarantee the safety of persons and the environment. The annex must include the standards laid down by international and intergovernmental technical bodies that regulate the use of nuclear power sources, in particular in outer space, and determine the compliance of the space object’s specifications with these standards (Art. 8 §4 Royal Decree).

Czechia

Czechia does not currently have specific legal instruments in place regulating space activities. However, the country officially states that it complies with the following rules in carrying out and authorising their space activities: COPUOS Space Debris Mitigation Guidelines, IADC Space Debris Mitigation Guidelines, European Code of Conduct for Space Debris Mitigation, ISO Space Systems – Space Debris Mitigation Requirements (ISO 24113:2011) and ITU Recommendation ITU-R S.1003.

Denmark

The licensing conditions laid down in the Outer Space Act aim to ensure that space activities are carried out in an appropriately safe manner and meet the relevant standards and guidelines. Moreover, space activities must be conducted in an environmentally safe manner, and operators must take appropriate measures to manage space debris. Operators must also take out insurance or some other liability cover.

The Outer Space Act stipulates that operators must meet current ITU regulations on the allocation of frequencies and trajectory positions.

The Agency for Science and Higher Education may require that space activities meet ‘relevant safety standards and guidelines’, and that ‘space activities which involve the launch of space objects into earth orbit’ meet ‘relevant standards and guidelines for space debris management’ 19 . In this context, the Executive Order explicitly refers to standards published by the European Cooperation for Space Standardization (ECSS) or ISO, but other standards and guidelines may also be considered.

Germany

Germany does not currently have specific legal instruments regulating space activities in place. However, the country officially states that the space debris mitigation requirements of the Product Assurance and Safety Requirements for DLR Space Projects are consistent with the COPUOS Space Debris Mitigation Guidelines, the IADC Space Debris Mitigation Guidelines and the European Code of Conduct for Space Debris Mitigation. The Product Assurance and Safety Requirements for DLR Space Projects specifically refer to relevant ISO standards, such as ISO 24113:2011, and standards adopted by the ECSS. Furthermore, the mechanisms NASA STD 8719.14 ‘Process for Limiting Orbital Debris’ and NASA-NPR8715.6A ‘Procedural Requirements for Limiting Orbital Debris’ were informative references for the Product Assurance and Safety Requirements for DLR Space Projects.

Under the Telecommunications Act, users of orbit and frequency rights must respect the recommendations of the ITU Radiocommunication Assembly on space debris mitigation (ITU-R S.1003-2, Environmental protection of the geostationary-satellite orbit).

Greece

The licensing conditions laid down in Law 4508/2017 aim to ensure that space activities do not put at risk public order, the security of persons and property, and public health. They also aim to ensure that space activities do not cause contamination of space or celestial bodies or adverse changes to the environment, and the risk of space debris is mitigated. Operators must take out insurance.

Operators are required to submit environmental impact assessments. An initial report must be drawn up before authorisation to assess the potential environmental impact of the launch or operation of the space object on Earth or outer space.

After the launch of the space object or during its operation, an interim report must be drawn up describing the actual effects of the space activity on Earth’s environment and outer space. A final report must be drawn up on the space object’s return into Earth’s atmosphere or the termination or cessation of operations.

For any decision on authorising space activities, the Minister of Digital Governance may request technical assistance from third parties, such as Greek, European and international organisations and agencies, experts, specialists and scientists, to lay down conditions for the location of the space activities, the main establishment of the operator or insurance to be taken out for space and space objects.

Under Law 4508/2017, operators must make appropriate provision for the mitigation and management of space debris in accordance with technological developments and international practices.

Operators must meet ITU requirements for orbital positions and associated radio frequencies.

A joint ministerial decision of the Ministers of Digital Policy, Telecommunications and Media and Environment and Energy may set out the content of the reports, the requirements and the technical standards that the operator must comply with. Until this decision is adopted, relevant national, European and international standards as well as relevant good practices, apply 20 .

Spain

Spain does not currently have specific legal instruments regulating space activities in place but officially states it complies with the COPUOS Space Debris Mitigation Guidelines. It also supports the IADC Space Debris Mitigation Guidelines, the European Code of Conduct for Space Debris Mitigation, ITU Recommendation ITU-R S.1003 and the ISO Space Systems – Space Debris Mitigation Requirements (ISO 24113:2011). Spain also supports the adoption of the draft International Code of Conduct for Outer Space Activities.

France

The licensing conditions laid down in the Space Operations Act and subsequent legislation aim to ensure that space activities do not put at risk the safety of persons and property, the protection of public health and the environment and that operators set out space debris mitigation measures.

The obligations imposed on operators by the Technical Regulation are consistent with the COPUOS Space Debris Mitigation Guidelines, the IADC Space Debris Mitigation Guidelines, COSPAR standards, ISO standards such as 24113:2010, CCSDS standards and the European Code of Conduct for Space Debris Mitigation.

Italy

Italy does not currently have specific legal instruments regulating space activities in place. Therefore, ‘pending the approval of a national space law, implementation of measures relevant to space debris mitigation are currently limited to the Italian Space Agency’s (ASI) standard contracts provisions’ 21 . These provisions refer to the European Code of Conduct for Space Debris Mitigation as a mandatory document applicable to ASI standard contracts.

Specifically, ‘for space missions developed before 2005 or already in orbit, the ASI has tried to implement the European Code as much as possible, mainly procedures to mitigate end-of-life space debris, in particular, the disposal phase of the satellites. After 2005, the Space Debris Mitigation European Code of Conduct is an applicable document to ASI space programmes and projects, namely in the design, the development and the operational phase of satellites’ 22 . Through the application of this Code, the ASI is also consistent with the COPUOS Space Debris Mitigation Guidelines, the IADC Space Debris Mitigation Guidelines, the ITU Recommendation ITU-R S.1003 and the relevant ISO standards (24113 and subsequent derived standards); in addition, the ASI will update its current contractual provisions in line with these updated space debris mitigation measures 23 .

Luxembourg

Luxembourg’s legislation does not currently include specific safety and sustainability considerations for the licensing of space activities 24 . Art. 7 of the Law of 2020 only notes that ‘[a]ny application for authorisation must be accompanied by all useful information for the assessment thereof as well as an activity programme. The standard content of an application for authorisation may be established by a Grand-Ducal regulation’.

Hungary

No national standards on space debris mitigation have been developed by Hungary, but it notes that it ‘follows the EU’s space debris mitigation policy’ 25 .

Netherlands

The licensing conditions laid down in the Space Activities Act aim to ensure that space activities do not put at risk the safety of persons and goods, environmental protection in outer space, or the maintenance of public order. However, since its space policy is ‘primarily focused on international cooperation in European contexts within ESA, [EUMETSAT] and the EU […] the Netherlands has no national space debris mitigation mechanism’ 26 .

Although not explicitly set out in legislation, the Netherlands officially states that it fully complies with the COPUOS Space Debris Mitigation Guidelines, the IADC Space Debris Mitigation Guidelines, ITU Recommendation ITU-R S.1003, the European Code of Conduct for Space Debris Mitigation and the ISO standards. The Netherlands also ‘supports ESA and EU initiatives’ 27 .

Austria

The general licensing conditions set out in the Outer Space Act aim to ensure that space activities respect public order, the safety of persons and property and public health.

The general licensing conditions also aim to ensure that space activities do not cause harmful contamination of outer space or celestial bodies or adverse changes to the environment

Appropriate provision must be made by the operator for the mitigation of space debris. ITU requirements for orbital positions and frequency assignments must be met.

Operators must also make appropriate provision for the orderly termination of the space activity.

Under the Outer Space Act, one of the general conditions for licensing space activities is that the operator has made appropriate provision for the mitigation of space debris in accordance with the state of the art and the relevant internationally recognised guidelines. The Explanatory Report to the Outer Space Act explicitly mentions the IADC Space Debris Mitigation Guidelines, the ESA Requirements on Space Debris Mitigation for ESA Projects, and the COPUOS Space Debris Mitigation Guidelines. Operators may also consider international standards and guidelines not explicitly mentioned in the Explanatory Report.

Under the Outer Space Act, operators must follow the ITU recommendations on the orbital position and frequency allocation.

Poland

Poland officially states that it fully complies with the COPUOS Space Debris Mitigation Guidelines, the IADC Space Debris Mitigation Guidelines, ITU Recommendation ITU-R S.1003, the European Code of Conduct for Space Debris Mitigation and ISO standards (24113: Space Systems – Space Debris Mitigation Requirements and others).

Portugal

The general licensing conditions laid down in Decree-Law No 16/2019 aim to ensure that space activities do not cause damage to Earth’s surface, airspace and outer space, and to minimise the risk of space debris.

The conditions also aim to ensure that space activities do not put at risk public security, public health and the physical security of the public. The conditions also require operators to take out civil insurance.

Under Decree-Law No 16/2019, operators must provide a space debris mitigation plan, which can be based on international standards and guidelines. The ANACOM Regulation No 697/2019 explicitly lists the ISO 24113:2011 standard, the IADC Space Debris Mitigation Guidelines and the COPUOS Space Debris Mitigation Guidelines.

Under ANACOM Regulation No 697/2019, operators must also submit a detailed and substantiated plan, in line with standards issued by the US Federal Aviation Administration (FAA), demonstrating that the space operation is compatible with applicable public security standards, including those relating to public health, the physical security of the public and environmental protection, and that there are appropriate safeguards against damage to Earth’s surface, airspace and outer space.

Slovenia

The general licensing conditions laid down in the Space Activities Act aim to ensure that space activities do not put at risk public order, the safety of people or property, public health, the environment or aviation.

Moreover, space activities must envisage measures for limiting the generation of space debris and for limiting adverse environmental effects on Earth or outer space or adverse changes to the atmosphere.

Under the Space Activities Act, one of the general licensing conditions for space activities is that they are conducted in accordance with the international standards and guidelines of internationally recognised standardisation organisations on the safety and technology of space activities.

Moreover, space activities must envisage measures for limiting the generation of space debris in accordance with the applicable UN Space Debris Mitigation Guidelines.

Slovakia

Slovakia does not currently have specific legal instruments regulating space activities in place but officially states it fully supports the COPUOS Space Debris Mitigation Guidelines and supports the IADC Space Debris Mitigation Guidelines, the European Code of Conduct for Space Debris Mitigation, ITU Recommendation ITU-R S.1003 and the ISO Space Systems – Space Debris Mitigation Requirements (ISO 24113:2011).

Finland

The licensing conditions laid down in the Space Activities Act aim to ensure that space activities do not pose risks to persons, property or public safety. Any person participating in the launch, operation or return of a space object must have the know-how and experience required for the control of the operations under their responsibility.

The licensing conditions also aim to ensure that space activities do not generate space debris or have an adverse environmental impact on Earth, in atmosphere and outer space. Space activities must be carried on in an environmentally sustainable manner and promote the sustainable use of outer space. In its application for authorisation of space activities, the operator must assess the environmental impact of the activities on Earth, the atmosphere and outer space and present a plan with measures to counter and reduce adverse environmental effects. The operator must specify in the application if any nuclear materials or other radioactive materials are used in the space object.

Operators must make a plan for discontinuing the space activities and take out insurance against damage caused by the space activities to third parties.

Under the Space Activities Act, operators must comply with the ITU rules in force.

Moreover, operators must seek to ensure that the space activities do not generate space debris, in accordance with generally accepted international guidelines. In particular, operators must restrict the generation of space debris during the normal operations of the space object, reduce the risks of in-orbit break-ups and in-orbit collisions and, after the space object has completed its mission, seek to move it into a less-used orbit or into the atmosphere (Section 10 of the 2018 Act on Space Activities).

Although the legislation does not explicitly mention specific international guidelines, the government proposal for the Space Activities Act lists the following: COPUOS Space Debris Mitigation Guidelines, IADC Space Debris Mitigation Guidelines, European Code of Conduct for Space Debris Mitigation and ISO standards on space debris mitigation.

Furthermore, in their application for authorisation, the operator must include information on ‘applied standards and quality management systems’ to show that they meet eligibility requirements (Decree Section 2(4)).

Sweden

Sweden’s legislation does not currently include specific safety and sustainability considerations for the licensing of space activities 28 .

Country

Space debris

Safety

Sustainability

Belgium

Space debris is covered by the environmental impact assessment (see sustainability column).

Under the Law of 17 September 2005, when the launch or operation activities include the use of nuclear energy sources, the operator must mention this in its authorisation application. In this situation, the Minister only grants authorisation under specific conditions taking into account, in particular, the danger that the use of such energy sources may represent, the basic precautions to be taken with regard to health and public safety, environmental protection and the standards of national law and international law applicable.

Safety aspects, especially regarding the use of nuclear energy sources, are also covered in the environmental impact assessment (see sustainability column).

Under the Law of 17 September 2005, the operator is required to immediately inform the crisis centre designated by the King of any manoeuvre, any malfunction or any anomaly concerning the space object that is likely to be a danger to people on the ground, aircraft in flight or other space objects, or to cause damage.

Under the Law of 17 September 2005, environmental impact assessments must be carried out by one or more experts appointed by the Minister.

1. An initial study is carried out before granting authorisation. This study is intended to assess the potential impact of the launch or operation of the space object on the Earth’s environment or outer space.

2. An interim study is carried out at the request of the Minister after the launch of the space object or during its operation. This study assesses the activities’ real consequences for the Earth’s environment and outer space.

3. A final study can be carried out at the request of the Minister when the space object re-enters the atmosphere.

Under the Royal Decree of 17 September 2005, the environmental impact assessment comprises four parts:

1) the first part consists of:

(a) a description of the activity and its objectives and the use of the data and derivative products generated by the activity;

(b) a description of the technologies, components and system design, and a critical design review of the object;

(c) a report on the functional tests of the infrastructure and software carried out as part of the flight model and the flight readiness review;

(d) a description of the technical and operational characteristics of the activity and the object by which the operator demonstrates these characteristics compatibility with the recommendations adopted by the UN COPUOS, to the extent that these recommendations are applicable to the activities concerned, with any other models or any other technical standards identified by the Minister before submitting the authorisation request.

2) the second part concerns the potential impact of the activity on the Earth’s environment, including the atmosphere, and, in particular, on the natural and human environment of the launch site; it also includes a description of the measures taken or planned to be taken to reduce or limit this impact;

3) the third part concerns the potential impact of the activity on the outer space and includes a description of the measures taken or planned to be taken in order to reduce or limit this impact; this part also includes, where applicable, the measures taken or planned to be taken to ensure the sustainable and rational use of natural resources in space;

4) the fourth part concerns:

(a) a non-technical summary of the activity;

(b) a description of the know-how available to the applicant to carry out the activities;

(c) a descriptive summary of activities similar to that for which the application was submitted and in which the operator participated in the three years preceding the application for authorisation.

For the second and third parts of the impact study, the activity and its environmental impact are considered in the short, medium and long term.

The activities are evaluated, in particular, according to the risk of the space object falling back to Earth and the activities’ compliance with international standards for limiting space debris, as deemed applicable by the Minister.

Where applicable, the impact study includes a description of the measures taken to ensure the activity’s rational use of limited natural resources, in particular, the geostationary orbit.

Moreover, under the Royal Decree of 17 September 2005, if a nuclear energy source is used on board the space object, the impact must study includes a specific annex. This annex describes the measures taken to guarantee the safety of people and the environment given the risk associated with nuclear energy sources. This annex also includes the standards developed by international or intergovernmental technical bodies that govern the use of nuclear energy sources, particularly in outer space. It also sets out how the specifications of the space object comply with these standards.

Denmark

Under the Outer Space Act, for space activities to be licensed, the operator must have taken appropriate measures for space debris management.

Under Executive Order No 552, the Danish Agency for Science, Technology and Innovation may require space activities that involve the launch of space objects into Earth’s orbit to meet relevant standards and guidelines for space debris management, such as standards published by the ECSS or the International Organization for Standardization (ISO). As a general rule, within 25 years of the end date of the functional operating period of the space object, the space object must either safely leave its Earth orbit again or be safely placed into an orbit where it is deemed not to constitute a danger to other space activities.

Under the Outer Space Act, to be licensed, the space activity must be carried out in an appropriately safe manner and meet the relevant standards and guidelines.

Under Executive Order No 552, applications to carry out space activities must contain a risk assessment, including the risk of damage caused by the space object.

Moreover, the Danish Agency for Science, Technology and Innovation may: (i) stipulate requirements that space activities meet relevant safety standards and guidelines, such as standards published by the ECSS or ISO; (ii) require operators to implement a quality assurance and risk management system for the space activity; and (iii) place an emphasis on relevant assessments and decisions already made by foreign national authorities, international space organisations, or similar when assessing the safety of the launch itself.

Under the Outer Space Act, to be licensed, the space activity must be carried out in an environmentally safe manner.

Under Executive Order No 552, space activities must be carried out with due consideration for the surrounding environment. The Danish Agency for Science, Technology and Innovation may stipulate requirements for and request a description of:

1) the environmental impact of the space activity on Earth and the atmosphere, e.g. specifying the technology, components, manufacturing processes and products applied;

2) the activity’s potential environmental impact on outer space;

3) the operator’s measures to minimise the environmental impact on Earth, the atmosphere and outer space.

Greece

Under Law 4508/2017, for space activities to be licensed, appropriate provision must have been made for the mitigation and management of space debris in line with technological developments and international practices.

Under Law 4508/2017, to be licensed, the space activity must not pose a threat to the security of persons and property or to public health.

Under Law 4508/2017, to be licensed, the space activity must not cause contamination of space or celestial bodies or adverse changes to the environment.

The application must be accompanied by: (i) a presentation of the organisation’s guarantees for the sustainability of the space activity; (ii) a solemn declaration by the organisation on compliance with environmental requirements and practices, as well as with applicable Greek and international environmental legislation; and (iii) a detailed report of the rules to be followed and measures to be taken to protect the environment.

For each space activity, the operator is required to submit reports on the space object’s environmental impact to the Minister of Digital Policy, Telecommunications and Media in successive stages:

·the first of these reports must be drawn up before authorisation is granted;

·after the launch of the space object or during its operation, an interim report must set out the actual effects of the space activities on Earth’s environment or extra-atmospheric space;

·The final report must be drawn up when the space object returns to Earth’s atmosphere or the activity is terminated or reaches the end of its operations.

France

According to the Space Operations Act, the authorisations and licences under the act may be accompanied by additional requirements issued in the interest of the safety of persons and property and the protection of public health and the environment, particularly with a view to limiting risks related to space debris.

Under the Technical Regulation, with regard to the launching phase, during the design and development of the launcher, the operator has to develop scenarios for fragmentation and space debris generation upon re-entry or neutralisation of the launcher’s stages. To this end, it has to determine:

- the details of the fragmentation dynamics and of the generated fragments of the launch vehicle;

- the size and position of fallout zones for elements not put into orbit.

Moreover, with regard to the end-of-life phase, the launch operator has to determine the fallout zones and design the launch vehicle in such a way to limit the generation of debris beyond the end of its operational life.

According to the Space Operations Act, authorisations for the launch of a space object or for the control and transfer of control of the object can only be issued after the administrative authority checks the applicant’s specific guarantees (set out in Decree 643) and of the compliance of the systems and procedures with the Technical Regulation. The operators must pay particular attention to the safety of persons and property and the protection of public health and the environment, except for derogations in the interests of national defence when carrying out services on behalf of the state (Art. 4). When an authorisation is requested for an operation to be carried out in another country, or using means and facilities located in another country, a partial or total exemption may be granted if the other country’s legal and technical framework provides sufficient guarantees for the safety of persons and property, the protection of public health and the environment, and liability.

The administrative authority or authorised agents (including environmental agencies) may impose additional measures in the interests of the safety of persons and property and the protection of public health and the environment for the launch of a space object or the control of such an object or a group of coordinated space objects.

Under the Technical Regulation, the space system must be designed, produced, integrated and implemented in such a way to ensure the safety of people during critical activities.

To ensure operational safety, a quality management framework must be drawn up by the launch operator. This has to include a system for monitoring and checking the manufacturing process as well as tracing deviations. This framework must also include a safety and risk analysis, including the definition of safety coefficients and margins, reliability assessments and the identification of critical aspects.

When setting out the controlled re-entry phase, the launcher and/or system operator must identify any possible failure scenarios that could lead to potentially dangerous situations. If a controlled re-entry is not possible, the operator has to design its launcher or space element in a such a way to limit the number and energy (kinetic and explosive) of the fragments likely to reach the ground and achieve a risk probability lower than a specific value set by the regulation. In conducting the risk analysis, specific criteria are set by the Technical Regulation and also include scenarios for fragmentation and debris generation, dispersal of debris on the ground and de-orbiting strategies. In any case, the launcher and the space element must be designed, manufactured and operated in such a way that its debris does not cause excessive or unacceptable risk to people, property, public health or the environment, in particular due to environmental pollution by dangerous substances.

In determining the fallout zones, specific requirements have to be met in the assessment of the probability of interference with the ground. This must take into account maritime traffic and safety and environmental safety.

Specific provisions are included on nuclear safety in relation to the launch operator and the satellite operator and refer to the applicable regulations in force.

The regulation distinguishes between end-of-life strategies dependent on orbital regions (i.e. controlled or uncontrolled re-entry or transfer to disposal orbit), reflecting provisions included in the IADC Space Debris Mitigation Guidelines (as revised in 2007), the UN COPUOS Space Debris Mitigation Guidelines and the ISO 24113, and ECSS standards. In the design, manufacturing and implementation of the launcher or system element, as well as in the mission design, specific collision avoidance strategies have to be set out.

The deliberate fragmentation of launcher elements is prohibited, and intentional destruction of space objects in orbit should be avoided.

According to Decree No 2009-643, during the authorisation process, a compliance check of the system and procedures with the Technical Regulation is carried out by the Centre national d'études spatiales (CNES) to ensure the safety of people and property and the protection of public health and of the environment.

For critical systems, an additional file describing the characteristics and development plan of the system with regard to the safety of people and property and the protection of public health and the environment may be submitted to CNES to enable the agency to certify its compliance with the Technical Regulation. A conformity notice, delivered after the compliance check and upon satisfaction of the Technical Regulations and CNES best practices does not constitute authorisation for the purposes of the Space Operations Act.

Services conducted in the interest of national defence:

- for services on behalf of the State by an operator, the Ministry of Defence may authorise the operator to deviate from the Technical Regulation and has to inform the Ministry of Space;

- for services by the State, CNES also has to carry out a compliance check to ensure the safety of people and property and the protection of public health and the environment; derogations from the Technical Regulation are allowed, but this has to be communicated to the Ministry of Space.

Under the Technical Regulation, as part of the authorisation request, a space object operator or launcher operator has to send to CNES a hazard report and an environmental impact study and has a legal obligation to comply with the Space Operation Act.

The launcher element has to be designed, manufactured and operated in such a way that at the end of its operational phase, all energy reserves are completely exhausted or depleted, to avoid generating waste and mitigate associated risks.

In the Technical Regulation, specific measures on planetary protection are set out, and the launcher operator has to comply with the COSPAR Planetary Protection Policy and with Article IX of the Outer Space Treaty.

Moreover, the launcher operator has to take into account the environment in which the system has to be operated.

Luxembourg

Under the Law of 2020, the authorisation request must be accompanied by a risk assessment of the space activity.

The Law of 2020 imposes a number of requirements on operators to ensure that they are capable of carrying out space activities with the ‘knowledge, skills and experience required to exercise their duties at all times’ (Art. 6) and that they have ‘adequate professional experience by having already carried out similar activities with a high level of responsibility and independence in the space sector or a related sector’ (Ibid.). These conditions can be construed as requiring a certain level of safety, albeit focused on the qualifications of the operator rather than specific requirements for the space activity.

Netherlands

Under the Space Activities Act, a licence is refused if the Minister of Economic Affairs judges that the safety of persons and goods might be jeopardised if a licence is issued.

Under the Order by the Minister of Economic Affairs of 26 June 2015, the application must include: (i) a complete description of the space activities, including a description of the applicant’s knowledge and experience in conducting space activities; (ii) technical information about the space activity; and (iii) a risk analysis indicating what management measures have been taken to safeguard the continuity of the space activities.

Under the Space Activities Act, a licence is refused if the Minister of Economic Affairs judges that the outer space environment might be affected if a licence is issued.

Austria

Under the Outer Space Act, for space activities to be licensed, the operator must make appropriate provision for the mitigation of space debris in accordance with the state of the art and in due consideration of the relevant internationally recognised guidelines. In particular, measures limiting debris released during normal operations have to be taken.

Under the Outer Space Regulation, the operator must submit the following as evidence that appropriate provisions for the mitigation of space debris have been made:

1. a report on the measures taken according to the state of the art and in consideration of internationally accepted guidelines, in particular:

a) for avoiding space debris and mission residue released during normal operations;

b) for preventing on-orbit break-ups of the space object;

c) for removing the space object from Earth’s orbit at the end of the space activity, either by controlled re-entry or by moving the space object to a sufficiently high Earth orbit (‘graveyard orbit’); for non-manoeuvrable space objects, the chosen orbit should ensure that they do not remain in Earth’s orbit for more than 25 years after the end of the activity.

2. a demonstration of measures adopted to prevent on-orbit collisions with other space objects.

Under the Outer Space Act, to be licensed, the space activity must not pose any immediate threat to public order, the safety of persons and property and public health. Moreover, the operator must make provision for the orderly termination of the space activity.

The operator must also submit the evidence described below.

1. Evidence of compliance with the current state of knowledge in the field, based on advanced techniques, facilities, construction and operation methods, whose functional operability has been tested and proven. If compliance is not an option or if evidence of it is not possible, it must be credibly demonstrated that the space activity does not pose an immediate threat to public order, the safety of persons and property and public health.

2. The results of the tests carried out to verify the safety and solidity of the space object according to the state of the art.

3. Emergency plans in the event of the failure of the communications or data connections, the loss of control of the space object, the failure of essential systems for power supply, attitude control or control of the trajectory and similar exceptional incidents.

4. Information on to what extent the space activity involves the observation of Earth and what kind of data is collected. In particular, the degree of resolution of possible images of the surface of the Earth as well as the planned transfer of raw or processed data must be indicated. If the space activity involves the processing of personal data, the necessary licences for the processing and transfer of this data must be provided.

Under the Outer Space Act, to be licensed, the space activity must not cause harmful contamination of outer space or celestial bodies or adverse changes to the environment.

The operator must also submit documents as evidence that the space object does not contain dangerous substances or substances harmful to health, which could cause the harmful contamination of outer space or adverse changes to the environment.

Portugal

Under Decree-Law No 16/2019, to be licensed, the space operation must guarantee the minimisation of space debris to the greatest possible extent, in line with international principles and obligations.

Under Regulation No 697/2019, the applicant must submit a plan attesting that the space activity guarantees the mitigation of space debris to the greatest possible extent. The space debris mitigation plan may include measures to be implemented in line with international best practices and principles, especially those provided for in ISO 24113:2011 (Space systems - Space debris mitigation requirements), the 2007 IADC Space Debris Mitigation Guidelines, and in Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space, laid down in UN General Assembly Resolution 62/217, of 22 December 2007.

See next column for additional information.

Under Decree-Law No 16/2019, to be licensed, the space operation must provide appropriate safeguards against damage to the Earth’s surface, airspace and outer space, in line with national and international obligations. The space activity must also be compatible with applicable public security standards, including those relating to public health and physical security of the public.

Under Regulation No 697/2019, the applicant must submit a detailed and substantiated plan, in line with US FAA standards. It should demonstrate that the space operation is compatible with applicable public ‘security’ 29 standards, including those relating to public health, the physical security of the public and environmental protection, and that it provides appropriate safeguards against damage to the Earth’s surface, airspace and outer space.

At a minimum, the plan must contain the following:

a) identification and description of hazards, as well as the assessment of each risk in terms of their likelihood and severity;

b) a risk assessment and management process on the basis of a quantitative analysis, or where this is found not to be justified and proven not to be possible, on the basis of a qualitative analysis;

c) risk mitigation measures, setting out the priorities between them, as well as the measures required for their implementation;

d) operational procedures designed to address accidents involving the operator, including strategies for reducing harm and providing relief to people directly or indirectly affected.

The launch and/or return operator must also submit an accident investigation plan describing incident and accident reporting procedures.

For launch and return operations, in addition to these requirements, the plan must include:

a) a description of security measures, including those relating to the launch operation, associated with the various flight stages, from lift-off to the separation of the launcher and the object to be placed on space and the respective final impact;

b) identification of the geographic area where the public and property could be exposed to a particular risk, as well as security measures to protect them;

c) a description of the launch risk in terms of the possible number of victims, compared to the total number of people exposed to the launch hazard;

d) identification of the geographic area and risks for the environment resulting from falling elements of the space object on Earth’s surface and into the atmosphere as well as debris from products caused by atmospheric and extra-atmospheric combustion;

e) identification of: (i) organisational processes; (ii) processes to identify people that are responsible for the various security aspects; and (iii) communication processes between the launch and/or return operator and the launch centre operator, including a description of their respective responsibilities;

f) description of security systems and procedures that allow for the completion of the launch flight.

At a minimum, the plan must take account of security risks deriving from:

a) the failure, explosion or collision of the launcher;

b) falling elements that detach from the space object at the launch and/or return stage;

c) the controlled or non-controlled return of the launcher or of some of the launcher stages;

d) hazardous, radioactive, explosive or toxic substances on board the launcher, where applicable.

For command and control operations, the plan must include:

a) description of the levels of security of access to the space object command and control system;

b) security assessment of the space object’s orbit throughout its operational life;

c) assessment of possible collisions with space objects, the orbital parameters of which the applicant is aware of in advance.

At a minimum, the plan must take account of command and control operational risks deriving from:

a) orbital space debris generated by the space object;

b) intentional destruction of the space object in orbit, including for its re-entry into the atmosphere;

c) de-orbiting manoeuvres and passivation activities.

The licence application must include information that proves that systems used by the command and control operator fulfil the following requirements:

a) implementation of a quality management system in line with current best practices for carrying out the space activity;

b) general description of the software and computer systems used for flight control and orbiting management;

c) assessment of systems that enable the operator information about the space object, throughout the entire duration of the operation, with telemetry data on its status and enables the operator to send the object instructions, particularly in response to non-nominal situations that require measures to restore the space object to its expected status.

For decentralised systems, these requirements will cover the systems and processes between the command and control centre and subordinate centres.

The applicant must submit the launch centre user guide, which must include the following:

a) general description of the launch centre, including:

i) name;

ii) geographic location;

iii) blueprints of the centre, with information on the different facilities and areas (in particular, the operations control centre) and their intended purpose, and information on support equipment;

iv) conditions for third parties to use the centre to provide services relating to activities carried out at the launch centre;

v) neighbouring and surrounding areas of the centre and closest towns;

vi) types of launchers that the centre can accommodate;

vii) possibility of the centre being used for more than one launcher at the same time, including the conditions for such use;

viii) air corridors and launch and return space pathways;

ix) ranges of possible launch azimuths for each launch point;

x) any other relevant information relating to the description of the centre.

b) launch centre security plan, including, the procedures and measures for:

i) the chain of command supporting the centre’s security management system;

ii) space object launch and/or return cancellation;

iii) protection of operational staff and visitors to the launch centre;

iv) access to launch and operation control centre areas, with information, where appropriate, on whether there are different security areas and the type of people with access to those areas;

v) protection of critical systems whose disruption causes serious damage to security;

vi) protection of the centre’s facilities and operations;

vii) cooperation and coordination with private and public bodies involved in the launch centre operations;

viii) prevention and mitigation of the centre’s environmental impact;

ix) safe storage and handling of hazardous substances in the centre;

x) archiving and retaining documents and data and the guarantee of their confidentiality and integrity;

xi) implementation of the centre’s emergency plan and activation of warning systems;

xii) rescue and firefighting;

xiii) investigation into incidents at the centre and those associated with operations that take place at the centre, including procedures for notification and reporting to the relevant authorities.

See previous column.

Slovenia

Under the Space Activities Act, to be licensed, space activities must envisage measures to limit the generation of space debris in line with the UN Space Debris Mitigation Guidelines.

Under the Space Activities Act, to be licensed, space activities must be conducted in line with the international standards and guidelines of internationally recognised standardisation organisations on the safety and technology of space activities.

Moreover, space activities must not pose a threat to the safety of people or their property, not obstruct protection against natural or other disasters and do not harm public health, the environment or aviation. A risk assessment of these space activity threats must be drawn up on the basis of the latest expert opinions generally accepted by the scientific community.

Under the Space Activities Act, to be licensed, space activities must envisage measures to limit adverse environmental effects on Earth or outer space or adverse changes to the atmosphere.

Finland

Under the Space Activities Act, for a space activity to be authorised, the operator must seek to prevent the generation of space debris and make a plan for discontinuing the space activities and for the related measures, in line with generally accepted international guidelines. In particular, the operator must: (i) limit the generation of space debris during the normal operations of the space object; (ii) mitigate the risks of in-orbit break-ups and in-orbit collisions; and (iii) move it into a less-used orbit or into the atmosphere after the space object has completed its mission.

Under Decree 74/2018, the operator must seek to ensure that, within 25 years from the end of the functional operating period of the space object, the space object moves or is moved into the atmosphere or is moved into an orbit where it is considered not to cause any danger or harm to other space objects or other space activities.

Under the Space Activities Act, for a space activity to be authorised, the operator has to provide a risk assessment to the Ministry showing that the activities will not pose any particular risk to persons, property or public safety. Any person participating in the launch, operation or return of a space object must have the know-how and experience required for the tasks under their responsibility.

Under Decree 74/2018, in its application for authorisation, the operator must assess the risk of personal injury and material damage that the space activities may cause to Earth, airspace and outer space and the risk of danger to public safety. The risk assessment must describe the tests and any other measures conducted on the space object to ensure its safety and durability and include a plan to respond to failures. The risk identification and management must cover the entire life cycle of the space object.

Under the Space Activities Act, for a space activity to be authorised, the operator must seek to prevent adverse environmental impacts on Earth, the atmosphere and outer space. In its application for authorisation, the operator must assess these environmental impacts. Space activities must be carried on in a manner that is environmentally sustainable and promotes the sustainable use of outer space. The operator must present a plan for measures to counter and reduce adverse environmental impacts. Any nuclear materials and other radioactive materials used in the space object must be declared in the application for authorisation.

Sweden

Under the Space Activities Act, a licence may be subject to restrictions as deemed appropriate to address specific circumstances. The licence may also be subject to conditions with regard to control of the activity or for other reasons. However, the Space Activities Act and the Decree on Space Activities do not specify specific requirements for space debris, safety, sustainability, frequencies, orbital positions or insurance.

Space objects are registered by the National Board for Space Activities, under the Decree on Space Activities.

Country

Legislative acts on security and the sectors to which they apply

Legislative acts on security applicable to the space sector

Security obligations applicable to the space sector

Belgium

The Law of 3 May 2019 lays down a framework for the security of network and information systems of general interest to public security. It applies to the following sectors: energy, transport, finance, healthcare, drinking water supply, and digital infrastructure, as well as digital service providers.

The Law of 1 July 2011 transposed the ECI Directive into national law. It applies to the following sectors: transport, energy, finance and electronic communications.

Bulgaria

Decree No 257 of 2018 (Cybersecurity Act) applies to the following sectors: energy, transport, banking, financial market infrastructure, health services, drinking water supply, and digital infrastructure, as well as digital service providers and public administration institutions.

Decree No 18 of 1 February 2011 on the identification and designation of European critical infrastructures in the Republic of Bulgaria and measures for their protection applies to the energy and transport sectors.

Czechia

Act No 240/2000 on Crisis Management as amended (Crisis Management Act)

Act No 181/2014 on Cyber Security as amended (Cybersecurity Act)

Governmental order No 432/2010 on the Criteria for the Identification of a Critical Infrastructure Element as amended

Decree No 317/2014 on important information systems and their determination criteria as amended

Decree No 437/2017 on the criteria for the determination of an operator of essential service

Decree No 82/2018 on Security Measures, Cybersecurity Incidents, Reactive Measures, Cybersecurity Reporting Requirements, and Data Disposal (Cybersecurity Decree)

These acts apply to the following sectors: energy, transport, banking, financial market infrastructure, health, water resource management, food industry and agriculture, digital infrastructure, communication and information systems, emergency services and chemical industry, as well as digital service providers and public administration institutions.

Governmental order No 432/2010 specifies the criteria for the identification of critical infrastructure elements. It lists satellite communication under communication and information systems, in particular:

a) the main terrestrial satellite receiver and transmitter stations;

b) the European global satellite-based navigation system;

c) a terrestrial communication and control centre;

d) a terrestrial connection network.

·Act No 181/2014 on Cyber Security as amended (Cybersecurity Act)

·Governmental order No 432/2010 on the Criteria for the Identification of a Critical Infrastructure Element as amended

·Decree No 317/2014 on important information systems and their determination criteria as amended

·Decree No 437/2017 on the criteria for the determination of an operator of essential service

·Decree No 82/2018 on Security Measures, Cybersecurity Incidents, Reactive Measures, Cybersecurity Reporting Requirements and Data Disposal (Cybersecurity Decree)

These acts apply to communication and information systems.

Governmental order No 432/2010 specifies the criteria for the identification of critical infrastructure. It lists satellite communication under communication and information systems, in particular:
a) the main terrestrial satellite receiver and transmitter stations;
b) the European global satellite-based navigation system;
c) a terrestrial communication and control centre;
d) a terrestrial connection network.

The government is responsible for the identification of critical infrastructure, including infrastructure for satellite communication.

Obligations of bodies identified as operators or administrators of critical infrastructure:

·Implement security measures, both organisational and technical.

Organisational measures include: i) information security management system, risk management; security policy; organisational security; ii) setting security requirements for suppliers; iii) asset management; iv) human resources security; v) operation and communication management; vi) access control; vii) acquisitions, development and maintenance; viii) cybersecurity events and cybersecurity incident management; ix) business continuity management; x) control and audit.

Technical measures include: i) physical security; ii) communication network integrity protection tools; iii) user identity verification tools; iv) access authorisation management tools; v) malicious code protection tools; vi) tools for recording the activities of users and administrators; vii) cybersecurity incident detection tools; viii) acquisition and evaluation of cybersecurity incident tools; ix) application security; x) cryptographic devices; xi) tools for ensuring a certain level of information availability; xii) industrial and management system security.

·Detect cybersecurity incidents and report them to the National Cyber and Information Security Agency.

·Take preventative, reactive and protective measures when instructed by the National Cyber and Information Security Agency.

Denmark

Denmark does not have a general cybersecurity framework in place; instead, cybersecurity requirements are included in sector-specific legislation. However, Denmark’s space legislation does not include cybersecurity requirements.

Germany

- Act of 14 August 2009 on the Federal Office for Information Security (BSI Act – as amended)

- Regulation of 22 April 2016 determining critical infrastructures according to the BSI Act (as amended)

These acts apply to the following sectors: energy, health, information technology and telecommunications, transport and traffic, media and culture, water, finance and insurance, food, municipal waste disposal, public administration, as well as digital service providers.

The Law on the Revision of energy regulations (2011) and the Regulation on the protection of transmissions systems (2012) apply to the energy and transport sectors.

Estonia

The Cybersecurity Act of 2018 applies to the following sectors: energy, transport, banking, financial market infrastructure, health, drinking water supply and distribution, digital infrastructure, and ICT, as well as digital service providers. The Act also applies to the vital services specified in the Emergency Act of 2019 (but space-based services are not included).

Ireland

S.I. No 360 of 2018 European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 applies to the following sectors: energy, transport, banking, financial market infrastructure, healthcare, drinking water supply and distribution, and digital infrastructure, as well as digital services providers.

Greece

Law 4577/2018 applies to the following sectors: energy, transport, credit institutions, financial market infrastructure, health, water supply and digital infrastructure, as well as digital services providers.

Law 345/2008 applies to the energy and transport sectors.

Spain

- Law 8/2011, of 28 April, establishing measures for the protection of critical infrastructure, as modified by Organic Law 9/2022, of 28 July 32

- Royal Decree-Law 12/2018, of September 7, on security of networks and information systems

These acts apply to the following sectors: administration, chemical industry, energy, financial and tax systems, the food supply chain, health, information and communication technologies, nuclear industry, research laboratories, space, transport and water, as well as digital services. The Royal Decree also applies to national security, the internet and scientific research.

Law 36/2015 of 28 September, on National Security applies to national defence, public security and public administration.

Law 8/2011, which lays down measures for the protection of critical infrastructure, identifies space as a strategic sector, i.e. an area ‘within the labour, economic and productive activity, which provides an essential service or which guarantees the exercise of the authority of the state or the security of the country.’ 

The National Commission for the Protection of Critical Infrastructures is responsible for designating critical operators (on the proposal of the Interdepartmental Working Group for the Protection of Critical Infrastructures).

Law 9/2022 sets out that ‘the necessary technical and organisational measures will be adopted in order to guarantee the security of the systems and data for the purposes of accessing and consulting this information, in order to address possible cybersecurity risks and threats, taking into account, in particular, the standards and recommendations that apply to it, both at the European and national level’ (Art. 5.3).

Royal Decree-Law 12/2018 transposes the NIS Directive into national law. The legislation applies to essential services dependent on the networks and information systems included in the strategic sectors set out in Law 8/2011, including space.

The identification of essential services and operators that provide them is carried out by the bodies and procedures provided for by Law 8/2011.

Law 36/2015 only refers to the space sector to note that it is one area of special interest for national security, but it does not lay down specific rules.

Under Law 8/2011, designated operators must collaborate with the relevant authorities to optimise the protection of critical infrastructure. The relevant bodies must:

·provide technical information to the Ministry of the Interior about the critical infrastructures, updating it on an annual basis or at the request of Ministry;

·collaborate on preparing the sectoral strategic plans and carrying out risk analyses on the strategic sector;

·prepare the operator safety plan and demonstrate implementation of the measures required by the relevant authority through the appropriate certification;

·draw up a specific protection plan for each infrastructure considered to be critical and demonstrate implementation of the measures required by the relevant authority through the appropriate certification;

·appoint a security and liaison officer and a security delegate

·facilitate inspections carried out by the relevant authorities to check compliance with regulations and adopt the security measures recommended by these authorities, solving in the shortest possible time the shortcomings they find.

·set up an operator safety area.

Law 9/2022 lays down that only special and qualified personnel who are specifically appointed and authorised can access ‘the Financial Entitlements File’ in line with Law 10/2010 (on money laundering prevention). It also lays down that the exchange of financial information related to terrorism between the Executive Service of the Spanish Commission for the Prevention of Money Laundering and Monetary Offenses and the Financial Intelligence Units of other EU Member States must be carried out through secure and specific electronic communication systems that guarantee a high level of data security. This also applies to the exchange of financial information and financial analysis with the relevant authorities of EU Member States.

Under Royal Decree-Law 12/2018, operators of essential services must comply with the following obligations:

·adopt technical and organisational measures in order to manage the risks to the security of the networks and information systems used to provide the services (including measures to prevent and minimise the impact of incidents);

·appoint and communicate to the relevant authority the person, unit or body responsible for information security;

·notify the relevant authorities about incidents that may have significant disruptive effects on services;

·if requested by the relevant authority, inform the public or potentially interested third parties about incidents when necessary to prevent further incidents or manage one that has already occurred, or when the disclosure of an incident is in the public interest;

·resolve security incidents that affect them and request specialised help when they cannot resolve the incidents themselves, providing all the necessary information.

France

- Act 2018-133 of 26 February 2018

- Decree 2018-384 of 23 May 2018

- Order of 13 June 2018

- Order of 14 September 2018

These acts transpose the NIS Directive into French law. They apply to the following sectors: energy, transport, logistics, banking, financial market infrastructure, financial services, insurance, social security, healthcare, supply and distribution of drinking water, processing of non-drinking water, digital infrastructure, education, catering, as well as digital service providers.

Under Law 2013-1168 of 18 December 2013 (Military Programming Law) that amended the Defence Code, the following sectors are considered to be of vital importance: health, food, water, telecommunications and broadcasting, space and research, industry, electric energy, natural gas provision, petrol, transport, finance, civil administration and military activities.

·Act 2018-133 of 26 February 2018

·Decree 2018-384 of 23 May 2018

·Order of 13 June 2018

·Order of 14 September 2018

These acts transpose the NIS Directive into French law. These acts are not applicable to the space sector.

Nevertheless, space is considered a sector of vital importance, under Order of 8 September 2017. This sets out the security rules and the procedures for reporting vital information systems and security incidents relating to the ‘space’ sub-sector of activities of vital importance, under Articles R. 1332-41-1, R. 1332-41-2 and R. 1332-41-10 of the Defence Code.

Operators of critical infrastructure are appointed by the government.

Obligations of operators of critical infrastructure:

·appoint a delegate for defence and security (for contact with the National Agency for the Security of Information Systems);

·declare any IT system of critical importance to the National Agency for the Security of Information Systems;

·draw up a security plan describing the organisation and security policy;

·draw up a specific protection plan for each of the points of vital importance;

·notify the National Agency for the Security of Information Systems of any security incidents.

Croatia

The Cybersecurity Law of 2020 for operators of essential services and digital service providers applies to the following sectors: energy, transport, financial market infrastructure, healthcare, and digital infrastructure.

The Law on Critical infrastructures, No 56/13, 2023 applies to energy, communication and information technology, traffic, healthcare, water management, food, finance, production, storage and transportation of dangerous substances, public services, national monuments and values. The government may designate critical infrastructure in other sectors as well.

Italy

Decree Law No 65 of 18 May 2018, which transposes the NIS Directive, applies to the following sectors: energy, transport, banking, financial market infrastructure, healthcare, drinking water supply and distribution and digital infrastructure, as well as digital service providers.

Decree Law No 105 of 21 September 2019 establishes a national cybersecurity scope. Prime Ministerial Decree No 131 of 30 July 2020 sets out the criteria for the identification of the public and private bodies that fall within the scope, including in the following sectors: public administration, defence, space and aerospace, energy, telecommunications, economy and finance, transport, digital services, critical technologies and social security.

Decree-Law No 61 of 11 April 2011 transposes the ECI Directive into national law. This Decree lays down the procedures for the identification and designation of European critical infrastructure (ICE) in the energy and transport sectors. It also sets out the methods for assessing the safety of such infrastructure and the related minimum protection requirements from threats of human origin, accidental and voluntary, technological and natural disasters. It applies to the following sectors: energy, transports and national security and defence.

Decree Law No 65 of 18 May 2018, which transposes the NIS Directive into Italian law, does not apply to the space sector.
 
Nevertheless, the space sector was included in the scope of Decree Law No 105 of 21 September 2019. This law aims to ensure a high level of security of the networks and information systems on the basis of which essential state functions or essential services are provided, particularly those networks and systems whose malfunction, interruption or improper use could result in compromising national security. To this end, the legislation sets out the criteria for the identification of the public and private bodies that fall within the national cybersecurity perimeter, including in the space sector.

The list of bodies included in the national cybersecurity perimeter is set out by an administrative act of the Prime Minister. Since this act is not subject to publication, the National Cybersecurity Agency notifies bodies of their inclusion in the perimeter.

Obligations of bodies included in the national cybersecurity perimeter:

·submit a list of ICT assets used for the provision of essential services to the National Cybersecurity Agency on a yearly basis;

·adopt security measures and allow the National Cybersecurity Agency to conduct audits and inspections to monitor the implementation of such measures;

(Security measures to be adopted include: measures relating to the organisational structure responsible for security management; security policies and risk management; incident mitigation, management and prevention; physical, logical and data protection; network and information system integrity; operational management; monitoring, auditing and control; training and awareness; procurement of hardware, systems and services);

·manage security incidents and notify Italy’s Computer Security Incident Response Team when they occur.

Cyprus

Law No 89(I)/2020 on the Security of Network and Information Systems, which transposes the NIS Directive into national law, applies to the following sectors: energy, transport, banking, financial market infrastructure, health, drinking water supply and distribution, digital infrastructure, and digital service providers.

Presidential Decree 39/2011, which transposes the ECI Directive, applies to energy and transport.

Latvia

Law of 25 October 2018 on the Security of Information Technology applies to the following sectors: finance, financial market infrastructure, drinking water supply and distribution, internet exchange point services, domain name system services, top-level domain name registries, energy, transport and health, as well as information technologies and digital service providers.

The Law on National Security and Cabinet Regulation No 496 of 1 June 2010 on the procedure for the identification of critical infrastructure transposed the ECI Directive into national law.

Neither of these acts apply to the space sector.

Lithuania

- Law No XII-1428 amending the Law on Cybersecurity of the Republic of Lithuania No XIII-1299

- Resolution No 818 of the Government of the Republic of Lithuania of 13 August 2018

These acts apply to the following sectors: energy, transport, healthcare, drinking water supply, distribution and management, and public administration, as well as digital services providers.

Law No IX-1908, Law No IX-2030, Law No XI-375, Law No XI-635, Resolution No 717 and Resolution No 943 transpose the ECI Directive into national law.

Luxembourg

Act of 28 May 2019 transposing the NIS Directive applies to the following sectors: energy, transport, credit institutions, financial market infrastructure, healthcare, the supply and distribution of drinking water, and digital infrastructure, as well as digital services providers.

The Grand-Ducal Regulation of 12 March 2012 on the identification and designation of critical infrastructure transposes the ECI Directive into national law. It does not apply to the space sector.

Hungary

Act CLXVI/2012 on the Identification, Designation and Protection of Critical Systems and Infrastructure and Government Decree 65/2013 on the Execution of the Critical Infrastructures Act apply to the following sectors: energy, transport, agriculture, healthcare, social security, finance, ICT, water, national defence and public security.

Malta

L.N. 216 of 2018 applies to the following sectors: energy, transport, banking, financial market infrastructure, healthcare, drinking water supply and distribution, digital infrastructure and public administration, as well as digital service providers.

L.N. 434 of 2011 transposes the ECI Directive into national law. It does not apply to the space sector.

Netherlands

- Network and Information Systems Security Act of 17 October 2018

- Decision dated 30 October 2018, concerning the rules related to the execution of the Network

and Information Systems Act

These acts apply to the following sectors: energy, transport, banking, financial market infrastructure, drinking water, and digital infrastructure, as well as digital service providers.

Austria

Network and Information Systems Security Act of 2018

Network and Information Systems Security Regulation of 2019

These acts apply to the following sectors: energy, transport, banking, financial market infrastructure, health services, drinking water supply, and digital infrastructure, as well as digital service providers and public administration institutions.

Poland

The National Cybersecurity Act of 5 July 2018 applies to the following sectors: energy, transport, banking, financial market infrastructure, healthcare, drinking water and digital infrastructure, as well as digital service providers.

The Cabinet Regulation of 30 April 2010 on the National Programme for Critical Infrastructure Protection, the Cabinet Regulation of 30 April 2010 on critical infrastructure protection plans and the Act of 29 October 2010 amending the Crisis Management Act transpose the ECI Directive into national law. None of these apply to the space sector.

Portugal

Law No 46/2018 of 13 August 2007, which transposes the NIS Directive into national law, applies to the following sectors: energy, transport, banking, financial market infrastructure, healthcare, drinking water, and digital infrastructure, as well as digital service providers, and public administration.

Decree-law No 20/2022 of 28 January, which transposes the ECI Directive into national law, applies to the following sectors: energy, transport, communications, digital infrastructure and digital service providers, public supply of water and waste management, food, health, industry, financial services, public administration, security and defence.

Romania

Law No 362/2018 ensuring a high common level of security of network and information systems applies to the following sectors: energy, transport, banking, financial market infrastructure, healthcare, drinking water, and digital infrastructure, as well as digital service providers.

The Emergency Ordinance on the identification, designation and protection of critical infrastructures and the Government Decision on the composition, tasks and organisation of the Interinstitutional Working Group on Critical Infrastructure Protection transpose the ECI Directive into national law. Chapter V of the Emergency Ordinance mentions the Romanian Space Agency as one of the authorities responsible for critical infrastructure.

Slovenia

The Information Security Act of 2018 applies to the following sectors: energy, digital infrastructure, drinking water supply and distribution, health, traffic, banking, financial market infrastructure, food supply, and environmental protection, as well as digital service providers and public administration.

The Regulation on European Critical Infrastructures transposes the ECI Directive into national law. It does not apply to space.

Slovakia

Act No 69/2018 of 30 January 2018 on Cybersecurity applies to the following sectors: transport, electronic communications, energy, postal services, industry (pharmaceutical, metallurgical and chemical industries), ICT, water and atmosphere (meteorological services, hydraulic engineering and provision of drinking water), and healthcare, as well as digital service providers.

Act No 45/2011 on critical infrastructure transposes the ECI Directive into national law. The Act authorises the development of state administration bodies to oversee and implement the policy areas covered by the Directive. Annex No 3 of Act No 45/2011 sets out the sectors under the responsibility of the central authorities, including satellite communications.

Finland

Finland does not have a general cybersecurity framework in place; instead, cybersecurity requirements are included in sector-specific legislation. However, Finland’s space legislation does not include cybersecurity requirements.

Sweden

Act 2018:1174 and Ordinance 2018: 1175 apply to the following sectors: energy, transport, banking, financial market infrastructure, health, supply and distribution of drinking water, digital infrastructure, as well as digital services.

The following legislation transposes the ECI Directive into national law:

·Ordinance (2012: 512) amending the Ordinance (2007: 1153) containing instructions for the Swedish Energy Agency;

·Ordinance (2012: 513) amending Ordinance (2007: 1119) containing instructions for Affärsverket svenska kraftnät;

·Ordinance (2012: 793) amending the Ordinance (2010: 185) containing instructions for the Swedish Transport Administration;

·Ordinance (2009: 611) amending Ordinance (2008: 1002) containing instructions for the Swedish Civil Protection Authority and readiness.

Each ordinance authorises specific national administrations to oversee and implement the policy areas covered by the ECI Directive. None of these ordinances apply to the space sector.

BASELINE

POLICY OPTION 1

POLICY OPTION 2 (PO2)

POLICY OPTION 2+ (PO+)

POLICY OPTION 2++

Congested space: risk of satellite collision

Collision avoidance service

Voluntary

Voluntary, except for label holders

Binding:

·subscription to a collision avoidance service and re-entry service for different operations

·informing the collision avoidance body about changes to operations

PO2

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Congested space: risk of satellite collision

Limitation of debris during normal operations

(design to minimise release of debris or protect against impact, satellite passivation)

International standards exist but are implemented to different degrees

Voluntary, except for label holders. Label could include design mitigation measures from existing standards

Binding:

·compliance with existing international standards and potentially more detailed European standards on checks and validation

PO2 and

non-binding:

·label for space operators who would go further to achieve space safety and sustainability

·sharing of best practices

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Congested space: risk of satellite collision

Post-mission disposal

(reliable and safe means of disposal, satellite disposal plan, orbital lifetime)

International standards exist but are implemented to different degrees

Voluntary, except for label holders. Label could include design mitigation measures from existing standards

Binding:

·compliance with existing international standards and potentially more detailed European standards on orbital lifetime

PO2 and

non-binding:

·label for space operators who would go further to achieve space safety and sustainability

·sharing of best practices

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Increased threat level

Risk management cycle

(detection of incidents, protection measures, business continuity and recovery measures)

Non-binding risk assessment models and metrics for space are varied at international level. At national level, there are different approaches and are implemented in Member States to varying degrees.

A true baseline is missing across all space systems and the supply chain.

Voluntary: development of best practices and techniques to be shared among market operators on most effective risk management steps and lessons learned

Binding:

along the risk management cycle:

management of space assets and management and control of access rights

·detection and handling of incidents

·cyber and physical protection; encryption, patch management, back-up management

·business continuity policy response and disaster recovery plans

·testing

·reporting of significant incidents

PO2

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Increased threat level

Risk assessment per segment

No clear and explicit legal requirement.

Binding:

·risk assessment covering the whole life cycle of space activities and operations

·specific risk assessment (COTS, non-EU assets)

use risk scenarios, threat modelling, use cases

PO2

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Increased threat level

Information security requirements, encryption

Divergent approaches to non-binding recommendations, technical profiles (only in one Member State).

No common baseline across the internal market and no common general principles.

Voluntary to comply with best practices and information sharing on, for instance, technical aspects such as encryption methods, authentication for satellite communications, how to build effective security to address cyber threats over the potentially long lifetime span of satellites, penetration testing for space infrastructure.

Development of practical handbooks – role of ENISA

Binding:

Supply chain risk management:

review security requirements in contracts with suppliers; software integrity check; control ICT systems connected for maintenance; non-EU assets inventory

PO2 and

best practices on cybersecurity going beyond the level set in the EUSL, e.g. on encryption

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Increased threat level

Cyber incidents and cyber threats à suggestion: information sharing

Possibility acknowledged by NIS2 and not yet shaped for space community

Information sharing on cyber threats and remedies applied

Binding reporting requirements

·reporting of significant incidents (cyber and non-cyber)

·setting up national security monitoring centres with the support of EUSPA

PO2 and

participation in the information-sharing hub with the support of EUSPA – EU SPACE ISAC

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Inability to reliably assess and compare the space sector’s environmental performance

Environmental impact assessment and development of PEFCR

No specific LCA method for the space sector

Development of LCA for space activities based on the PEF method (PEFCR), voluntary for companies to apply the method

Development of LCA for space activities based on the PEF method (PEFCR),

Binding:

·submit environmental footprint declaration based on the PEFCR

PO2 and

optional: develop and implement a mitigation plan to reduce environmental impact in the life cycle of a space activity

PO2 and PO+

and additional requirements for non-EU countries (TBC)

Option 1

Option 2

Option 2+

Option 2++

Public costs

Administrative overheads

2 FTEs for label management for EUSPA

1 FTE in ENISA

1-4 FTEs per Member State1

Up to 15 FTEs in notifying body + 2 FTEs for label management in EUSPA

1-4 FTEs per Member State

Up to 15 FTEs in notifying body + 2 FTEs for label management in EUSPA

1 FTE for ENISA

1-4 FTEs per Member State

Up to 15 FTEs in notifying body + 2 FTEs for label management in EUSPA

3 FTEs in the European Commission for bilateral agreements

Label

EUR 3 m for the development and implementation of the label (EUSPA & ENISA)

n/a

EUR  3 m for the development and implementation of the label (EUSPA & ENISA)

EUR  3 m for the development and implementation of the label (EUSPA & ENISA)

Standards

EUR  10-15 m (EUR  1 m per standard)

EUR  10-15 m (EUR  1 m per standard)

EUR  10-15 m (EUR  1 m per standard)

EUR  10-15 m (EUR  1 m per standards)

Enforcement

n/a

EUR 2-3 m per year

EUR  2-3 m per year

EUR  2-3 m per year

Private costs

Overheads

0.5 FTE per company

0.5 FTE per company

0.5 FTE per company

0.5 FTE per company

Compliance costs

EUR  200 to EUR  2000 annual fee for the label

EUR  100k+ for the licensing requirements

EUR  4-8k for carrying PEFCR (as part of the licensing request)

Up to EUR  240k for risk management (initial expenditure)
 

EUR  100k+ for the licensing requirements

EUR  4-8k for carrying PEFCR (as part of the licensing request)

Up to EUR  240k for risk management (initial expenditure)

EUR  200 to EUR  2000 annual fee for the label (as part of the licensing request)

EUR  100k+ for the licensing requirements

EUR  4-8k for carrying PEFCR (as part of the licensing request)

Up to EUR  240k for risk management (initial expenditure)

EUR  200 to EUR  2000 annual fee for the label

Manufacturing costs

3-10% increase for satellite platform 133

3-10% increase for satellite platform

3-10% increase for satellite platform

3-10% increase for satellite platform