EU: New draft EU Space Act 

 

The EU has published a new draft EU Space Act. It is called Draft legislative proposal for a Regulation of the European Parliament and of the Council on the safety, resilience and sustainability of space activities in the Union. 

The proposed EU Space Act seeks to establish the foundations of the EU internal market for space activities by harmonising key requirements related to the safety, resilience, and environmental sustainability of space operations and the provision of space services and space-based data within the Union. At the same time, it aims to strengthen the competitiveness of the European space industry. By introducing a common regulatory framework, the proposal is expected to simplify existing rules, enhance legal certainty, and create a stable, transparent, and predictable business environment for all space operators active in the EU. This will ensure a level playing field for both EU and third-country space operators and providers of space-based data. 

The proposal addresses three main challenges. First, it seeks to overcome the fragmented regulatory landscape within the internal market, which currently hampers cross-border space activities. Second, it aims to mitigate risks to the safety, resilience, and long-term environmental sustainability of space activities conducted by both commercial and public actors across the Union. Third, it addresses the lack of consistent and comparable methodologies for measuring the environmental impacts of space activities. 

The primary objective of the EU Space Act is to establish the basis for an internal market for space activities through the harmonisation of essential requirements governing the safety, resilience, and environmental sustainability of space operations throughout the European Union. In doing so, it also seeks to address the current regulatory fragmentation resulting from 14 different national regulatory frameworks governing space activities. 

A further objective is to safeguard both the orbital and terrestrial environment by promoting safer and more sustainable space operations. The proposed safety requirements are designed to address growing risks associated with orbital congestion, including the increasing likelihood of collisions caused by the rapid expansion of satellite constellations and the accumulation of space debris. Such incidents can lead to the loss or damage of satellites, disrupt space-based services, impair activities in orbit, and create hazards during atmospheric re-entry. Given the interconnected nature of orbital operations, unsafe behaviour by a single operator can increase collision risks for all satellites sharing the same orbital environment. In the most severe scenario, cascading collisions could trigger the Kessler syndrome, significantly limiting or even preventing future access to certain orbital regions. To support environmental sustainability, the proposal introduces a common methodology for assessing and measuring the environmental impacts of space activities, thereby enabling more informed decision-making and evidence-based policymaking. 

Finally, the proposal aims to reduce barriers to trade and facilitate the free provision of space services across the European Union by replacing the current fragmented regulatory framework with a coherent and predictable set of rules. This framework will apply equally to EU and non-EU operators providing space services and space-based data within the Union. In addition, the proposal seeks to facilitate international trade and cooperation by ensuring fair and non-discriminatory access to the EU internal market for both European and third-country operators. To support continued international cooperation, it provides for mechanisms such as equivalence decisions, international agreements, and cooperation arrangements with public authorities in third countries. 

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