On Tuesday 9 December, the representatives of the EU Member States called for the simplification of the text of the European Space Act, proposed by the European Commission in June (see EUROPE 13667/23) and currently the subject of negotiations between the Member States.
During a debate in the ‘Competitiveness and Space’ Council, many delegations stressed the need to simplify and clarify the proposal. Several Member States have also called for the legal basis to be clarified, with some - including Germany, Hungary and Italy - calling for a directive rather than a regulation as proposed by the European Commission. “More than thirteen Member States already have legislation, so we need more flexible instruments, such as a directive, which could better serve the objectives” supported, explained the Hungarian Deputy Permanent Representative, Katalin Molnár.
Delegations also stressed the need to avoid adding administrative burdens, particularly for SMEs and new players in the sector. “We are concerned about the cost of compliance and the risk of administrative burdens that could harm the competitiveness of our operators”, summarised Minister Christina Egelund, on behalf of the Danish Presidency of the Council of the EU, at the end of the debate.
Furthermore, for the German State Secretary for Space, Marcus Pleyer, whose country is highly critical of the proposal (see EUROPE 13768/21), “the proposed governance model is excessively complex, imposes a significant burden on national authorities and unduly transfers powers to the Commission and the EU while marginalising the European Space Agency (ESA). This creates contradictions and duplication”.
Luxembourg’s Deputy Permanent Representative, Fabien Raum, regretted that “the Space Act does not resolve the fragmentation of authorisation processes, but rather reorganises them. You have to keep asking for more than one, so the objectives (of simplification) are not being met”.
Several delegations returned to the subject of cyber security. For the Belgian Minister, Vanessa Matz, and the Croatian Minister, Radovan Fuchs, Lex Specialis should not be relied on, but instead use existing legislation such as NIS 2.
International cooperation was also highlighted. “It is essential that the Space Act enables cooperation with third countries. Certain provisions (of the text) impose conditions that risk complicating this cooperation or introducing administrative burdens that could discourage these partners from carrying out their space activities in the Union”, warned Swedish State Secretary Maria Nilsson.
“We need equal treatment for all space data and service providers, whatever their nationality”, explained Cyril Piquemal, the French deputy permanent representative. Romanian Secretary of State Tudor Prisecaru called for the mutual recognition mechanism to be a clearly defined objective. “We need a European framework with rules that are clearly applicable to all players, without creating friction with our transatlantic partners”, he added.
In addition, delegations warned that the Act should not interfere with Member States’ obligations under international treaties and that overlaps between the national, European and international levels should be avoided.
Furthermore, several countries - such as Germany and the Netherlands - have taken the view that the legislation should not concern defence or national security activities. For its part, Slovenia, while in favour of including national security and defence, has argued for a derogation to apply so that Member States can take the necessary measures to protect their interests.
Despite much criticism, the Danish Minister was optimistic. “Some Member States have expressed scepticism. This is perfectly normal, as the Space Act is the first of its kind, so it’s only natural that it should raise many questions and concerns, as well as expectations”, she explained, underlining the active and positive commitment of the Member States.
Following this debate, technical work on the text will continue.
The EESC calls for the space sector to be strengthened. In an opinion adopted at its plenary session on 3 and 4 December, the European Economic and Social Committee (EESC) urged the EU to increase public and private investment in the space sector “in order to strengthen its strategic autonomy and promote innovation”. The EESC calls for space investment to be increased to at least 0.2% of EU GDP by 2030.
With regard to the space legislation proposed by the Commission, the EESC endorses its intention to strengthen the single space market and urges the Commission to link the European space strategy to European strategic autonomy.
See the EESC opinion: https://aeur.eu/f/jx1 (Original version in French by Camille-Cerise Gessant)