Following two joint communications, the European Commission proposed the drafting of an EU Space Act (the “Act”) as an initiative to harmonise a common framework between the Member States in terms of space activities.
The Space Traffic Management Communication considered how there has been a significant rise in satellites and debris orbiting the Earth, and an even greater increase of satellites and debris in orbit in the coming years. This expanding space congestion is causing a greater risk on the security and resilience of the Union, with a greater chance of a satellite being damaged or destroyed in a collision. Meanwhile, the EU Space Strategy for Security and Defence Communication considered space being used as a strategic domain for the Union’s security and defence and proposed the maximisation of the use of space for these purposes.
The EU has thus recognised the need to harmonise the national rules on safety, resilience and sustainable use of space and space activities, the need to ensure safer orbits of space objects with the increase of satellites planned to be launched, and the need to secure services provided through spatial activity. Furthermore, the EU aims to address these needs while ensuring that space systems are safeguarded against cybersecurity risks, building a greener space economy and always maintaining an opportunity for future growth in the industry. On this basis, the proposal of the Act is structured around three fundamental factors:
- Safety through the introduction of rules to track space objects and mitigate debris.
- Resilience by ensuring cybersecurity requirements that strengthen protection of European space infrastructure and ensure business continuity.
- Sustainability through the consideration of the environmental impacts of operators’ space activities.
While there are already Directive enacted, such as the NIS2 Directive and the CER Directive, aimed at addressing cybersecurity and the resilience of ground infrastructure supporting space services, there is no legislation to cater for Union-owned assets operating in the context of the Union Space Programme. This is precisely one of the aims of the Act by setting out specific and explicit cybersecurity rules applicable to all space operators and assets of space infrastructure thereby creating a tailored resilience baseline for the space sector.
The Act will be applicable both to Member States as well as to non-EU operators that provide space services or space-based data in the Union. Regardless, both the principle of free movement for space-based data and space services within the Union, and Member States’ competence regarding national security shall always be safeguarded.
The proposal of the Act is set to include provisions on inter alia:
- the conditions and the procedure of authorisation of Union space operators under national competent authority supervision;
- registration of third country operators and international organisations providing space-based services in the Union;
- rules on the set up of the Union Register of Space Objects (“URSO”), e-certificates and the provision of space-based data and space services in the Union;
- the procedures for Member States that intend to designate qualified technical bodies for space activities; rules for the safety and sustainability in space;
- risk management for space infrastructure and the requirement to carry out risk assessment;
- detection and monitoring of incidents, implementation of cryptography, backup protocols, and preparation of comprehensive policies;
- in-space operations and services requirements, including in-space servicing; and
- orbital traffic rules, including rules on how collision avoidance manoeuvres should be carried out under high-interest event alerts.
The Act is also set to include a simplified authorisation procedure for launching a satellite constellation. Light regimes and specific exemptions will be laid down for certain categories of Union space operators, in line with the proportionality principle.
Third country space operators and international organisations providing space services or space-based data in the Union will require registration in the URSO. This will only be permitted following proof of compliance with the technical requirements laid down in the Act. Space operators established in a third country for which the Commission has adopted an equivalence decision are presumed to comply with the requirements of the Act.
A Union Space Resilience Network (“EUSRN”) will support collaboration among the Commission, the European Space Agency, and national competent authorities in monitoring and managing major cyber incidents, while ensuring that resilience measures are coordinated with other EU cybersecurity frameworks.
