On Wednesday 25 June, the European Commission adopted a proposal for a regulation containing ambitious measures to make the European space sector cleaner, safer and more competitive, both in Europe and on its export markets.
Andrius Kubilius, European Commissioner for Defence and Space, said: “Today, we are making history. The EU Space Act marks the very first regulation of space activities within the EU. The spatial frontier will now be an integral part of the single market, thanks to intelligent regulation”.
Asked about the delays in publishing the Space Act, Mr Kubilius said: “We are all aware of the fact that it is time to put in place rules of the road for space”.
He justified the importance of proposing a regulation rather than a directive in order to guarantee uniform implementation in all Member States, in response to a question from the press about the protests of certain countries, such as Germany and Italy, which were opposed to the idea of a regulation even before the text was published.
On the mega-contract between Italy and Starlink, the Commissioner said: “Yes, there will be European rules that will apply to all Member States”. The latter will be able to choose whether to implement them through the European Space Agency (ESA) or through their national agencies. There will be a “level playing field” for all space operators wishing to operate on EU territory - this applies to Starlink as much as to any other player, Mr Kubilius said.
The Commissioner also pointed out that the number of satellites was likely to explode (50,000 new launches planned in 10 years) and that the size of the global space economy was set to triple, reaching 1.8 trillion dollars.
He referred to the regulatory fragmentation in Europe (13 Member States have their own laws) and underlined the risk of a “loss of European competitiveness”.
According to Mr Kubilius, the overall aim of this legislation is to create a single market for space data and services, harmonise the rules and ensure that the rules of one member country are recognised by all the others.
In the area of safety, there is an obligation to de-orbit 25 years after the end of the mission in standard orbit and one year for satellites in very low orbit. The safety rules aim to reduce the risk of collision, limit the creation of debris in orbit and guarantee a safe launch and re-entry. Launch operators will have to coordinate with the authorities and space traffic service providers to reduce the risk of collision. They will be required to implement space debris control measures.
In terms of resilience, the aim is to protect space infrastructures against physical and digital threats. There are provisions setting out the general principles applicable to risk management for space infrastructures and the obligation to carry out a risk assessment. Space operators will have to take measures to manage all the risks weighing on space infrastructures.
With regard to sustainability, space operators will have to calculate the environmental footprint (debris production and CO2 emissions) throughout the life cycle of the space mission (design, manufacture, operation and end of life), unless they meet the conditions for exemption. Space operators will have to submit an environmental footprint statement as part of their application for authorisation. They will be required to obtain all relevant data from their suppliers and send this data to the Commission for inclusion in a shared database.
The regulation will apply two years after its adoption, only to new launch authorisations. The law will not apply to the military (national security clause).
The new rules will apply to EU and national space assets as well as to non-EU operators offering services in Europe. The regulatory requirements will be adapted to the size of the company and its level of maturity, and measured according to the risks incurred.
Support will be provided to mitigate potential costs to the industry. This includes capacity building, access to test facilities and helping space operators prepare their applications for authorisation. In particular, this will support start-ups and SMEs.
Christophe Grudler MEP (Renew Europe, French) called the text “a founding act” for sustainable land management.
The Commission also adopted a communication setting out 40 concrete actions to strengthen the EU’s space ecosystem, including a European Space Team (a high-level forum bringing together European space players, including ESA and EUSPA).
To see the proposal for a regulation: https://aeur.eu/f/hk3
To see the Communication: https://aeur.eu/f/hk4 (Original version in French by Lionel Changeur)