The European Commission has published the much-anticipated proposal for an EU Space Act.  The EU Space Act aims to establish an EU-level legal framework for the provision of space-based data and space services, with the overarching objectives of enhancing safety, resilience and environmental sustainability across the EU’s space sector.  

In particular, the proposal focuses on:

• ensuring the trackability of space objects and reducing space debris;

• introducing a sector‑specific cybersecurity and resilience framework tailored to space infrastructure; and

• establishing a common methodology for assessing the environmental impact of space activities within the EU.

Authorisation and Regulation of Space Activities

The EU Space Act proposes a harmonised licensing and regulatory framework for certain space activities – launch, operation, control and re-entry of space objects – within its scope, with different treatment for:

• EU space operators; and  

• third-country operators whose space activities or space services have a sufficient nexus with the EU (e.g., providing space‑based data or services in the EU), unless their home regime is deemed equivalent.

A key feature of this authorisation framework is a dedicated authorisation pathway for launching a satellite constellation.

The EU Space Act will also establish a Union Register of Space Objects, with in‑scope space operators required to register relevant space objects.

Space Governance

The EU Space Act is expected to set out a governance structure for the authorisation and supervision of space activities, including the designation by each EU Member State of:

• a national competent authority, to oversee space activities within its jurisdiction; and

• qualified technical bodies, where appropriate, to ensure the maintenance of minimum technical competence specified in the EU Space Act.

Technical requirements

The EU Space Act will specify minimum technical requirements applicable across the lifecycle of space activities, including the design, launch, in‑orbit operation, disposal and re‑entry of space objects.  Among others, these include the availability of reliable spacecraft tracking capabilities and the use of recognised collision‑avoidance services.

In addition, the EU Space Act will establish bespoke cybersecurity requirements for space infrastructure, including obligations to conduct risk assessments, identify vulnerabilities, implement appropriate mitigation and remediation measures, and develop and adapt relevant risk scenarios.

Conclusion

The EU Space Act is expected to play a significant role in shaping the growth and development of the space industry.  Given the breadth of space activities carried out by EU Member States and the Act’s application to both EU and certain non‑EU operators with an EU nexus, the regime has the potential to impact a substantial portion of the global space sector.  Accordingly, space companies should closely monitor legislative developments and key milestones as the EU Space Act progresses toward adoption.

For More Information

OrionW regularly advises clients on space and satellite matters. matters.  For more information about space regulatory frameworks, or if you have questions about this article, please contact us at info@orionw.com.

Disclaimer: This article is for general information only and does not constitute legal advice.

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