EU Space Act proposal to end fragmentation
The EU Commission published its for an EU Space Act on 25 June, write William Fry lawyers David Cullen, Barry Scannell and Conor Forde.
This act aims to create a single market for space activities and harmonise the various national rules for all member states.
The proposal covers the safety, resilience, and sustainability of space activities in the union.
High compliance costs
Currently, the rules governing space activities in the EU are fragmented, leading to high compliance costs and slowing innovation.
The EU Space Act aims to establish a unified regulatory framework for space activities across the union, fostering growth, innovation, and competitiveness in the sector.
While still in its early stages, the act includes several key provisions:
- Title 1: General rules concerning authorisation, registration, and supervision of space activities in the EU, including orbit traffic management, governance, enforcement, and the establishment of an EU space label,
- Title 2: Conditions that EU space operators must meet to obtain authorisation for space activities,
- Title 3: Designation of national competent authorities by each member state to oversee compliance of EU space operators,
- Title 4: Rules on safety and sustainability in space, addressing launches, spacecraft, reducing collision risks, and mitigating orbital debris,
- Title 5: Provision for the EU Commission to grant equivalence decisions to third-country space operators and framework rules for international organisations,
- Title 6: Support measures to offset implementation costs, particularly for start-ups, scale-ups, and SMEs in the space sector,
- Title 7: Provisions on the power of the EU Commission to adopt delegated and implementing acts.
Additionally, the proposal indicates that the Eact will act as lex specialis to and the taking precedence in case of conflict.
Opportunities for Irish space industry
Ireland has a longstanding role in the European space industry, particularly since joining the European Space Agency (ESA) in 1975.
The EU Space Act could provide a significant opportunity for Ireland to accelerate investment in the space sector.
This is aligned with the National Space Strategy for Enterprise 2019-25, which aims to develop Ireland’s space industry.
The act’s harmonised regulations will offer Ireland access to larger markets and present opportunities for growth.
The development of spaceports, such as the Sutherland spaceport in Scotland, demonstrates how Ireland could leverage its ideal location and climate to establish similar facilities.
While Brexit presents some hurdles for Scotland’s participation in European space projects, Ireland is well-positioned to compete in these initiatives.
Comment
The EU Space Act is an important step towards creating a cleaner, safer, and more competitive space sector.
It also presents an opportunity for Ireland to expand its role in the space industry, taking advantage of the harmonised rules and larger markets the act will create.
The EU Space Act is currently undergoing its first reading with the EU Council and will be negotiated under the ordinary legislative procedure.