EU Space Programme Quiz

Europe as a Space Power

• The presentation covers EU space law, specifically focused on space traffic management, which involves strategies and regulations designed to prevent collisions between spacecraft and satellites, as well as resolving potential conflicts in the increasingly congested orbital environment.

• Alongside traffic management, it also discusses space security and defense measures; however, this latter section is highlighted as not being part of the requirements for examination purposes, meaning a deeper study is not essential for passing the course.

Europe in Space

• The European Union Agency for the Space Programme (EUSPA) serves a critical role in the management and operation of European space initiatives, which aim to enhance the EU's capability in leveraging space technologies and data for various applications, including environmental monitoring, disaster response, and navigation.

• The European Space Agency (ESA), distinct yet complementary to EUSPA, is an intergovernmental organization that designs and executes space missions, contributing to both scientific research and technological development related to space exploration. ESA collaborates with various member states and partners in projects that range from Earth observation systems to exploratory missions beyond our planet.

EU Space Programme Regulation 696/2021

• This regulation creates a structured framework for all EU-related activities in the space sector and mandates the creation of a coherent European space policy. This legal framework is essential for ensuring that European countries can collaborate effectively while maintaining their individual space ambitions.

• The Regulation encompasses several key programs, including Galileo, a satellite navigation system, GNSS that facilitates global navigation services, and Copernicus, which provides Earth observation data critical for environmental and climate monitoring.

GNSS (Global Navigation Satellite Systems)

• GNSS represents a remarkable technological advancement that is vital for a multitude of applications, including precise global positioning, varied navigation services, and time synchronization essential for countless activities. This technology supports everything from daily mobile navigation to critical infrastructure operations.

• Examples of technologies that rely on GNSS include various modes of transportation such as aviation (air), automotive (road), and maritime operations, as well as applications in financial transactions where accurate positioning is necessary for secure and efficient services, and agriculture where GNSS enables precision farming methods.

• Galileo, the EU’s own GNSS, has achieved significant uptake, boasting approximately 2 billion users worldwide, highlighting its global impact and the dependency of both consumers and businesses on this satellite navigation infrastructure.

• Furthermore, GNSS is increasingly integral to artificial intelligence applications, playing a crucial role in systems such as self-driving vehicles, unmanned aerial vehicles (UAVs), and autonomous land and marine rovers, which require reliable navigation and positioning data to operate safely and effectively.

• However, the reliability of GNSS can be compromised by various sources of malfunctions. These include Electronic Interferences, exemplified by a staggering 10,000 spoofing incidents recorded in the Black Sea region alone, which can mislead navigation systems, and Kinetic Interferences, such as those seen with the Galileo GSAT0219 satellite in collision avoidance scenarios. Such malfunctions often have detrimental effects on the functionality of artificial intelligence systems that are reliant on accurate navigation data for performance.

Research Question & Methodology

• A pertinent research question is formulated to investigate the liability associated with accidents that occur due to malfunctions of GNSS, delving into the broader legal implications that arise from the usage of this technology.

• This inquiry encompasses a variety of legal components, including aspects of GNSS governance and regulation as well as the governance surrounding artificial intelligence technologies, addressing key legislative initiatives, principles of International Space Law, and relevant statutes under EU Tort Law.

GNSS Governance & Liability Complexity

• The complexity of GNSS governance and liability is multifaceted and encompasses different categories of stakeholders such as basic signal providers responsible for transmitting signals, augmentation providers that enhance signal quality and reliability, value-added service providers that deliver additional functionalities, and end-users who utilize the services for various applications.

• Navigating through this complex landscape requires understanding the interaction of various legal systems, including International Space Law, which provides overarching principles, along with administrative law, civil law, criminal law, and EU law, all of which apply to different sectors and aspects of GNSS operations.

International Space Law & GNSS

• The presentation outlines the critical importance of liability in relation to space objects, emphasizing the legal responsibility that comes with operating satellite systems and the implications for entities involved in the provision of GNSS.

• Legal frameworks offer various options for interpretation, including broad interpretations of liability concepts, principles of justice and equity that govern liability assessments, comprehensive case-by-case analyses of incidents, and the establishment of new definitions aimed at clarifying liabilities associated with modern space technologies.

Regulation 696/2021 & Liability

• Within Regulation 696/2021, references to the liability of employees from the EUSPA are made, which underscores the importance of adhering to existing laws while executing their responsibilities.

• The discussion of liability includes an examination of contractual liability, where agreements define the extent of responsibility, as well as non-contractual liability, which arises from tort claims or duty of care owed to other parties.

Liability of the EU

• Article 340 TFEU provides the framework for outlining the contractual responsibilities of the EU concerning any damages caused through its actions or omissions in the context of its operations.

• On the other hand, non-contractual liability for the EU is grounded in the legal frameworks of individual member states, which encompass varying degrees of responsibility assigned to EU institutions and their officials, leading to a complex web of potential liability scenarios.

Towards EU Space Law

• The presentation stresses the significance of robust EU space law, which is essential for facilitating cooperation and coordination among member states, thereby enhancing the collective European capability to advance and utilize space technologies effectively and responsibly.

• Article 189 TFEU lays out a structured approach for the EU to enable the coordination of necessary activities that contribute to space exploration as well as the sustainable exploitation of space resources, ensuring unified progress of all EU members.

EU Space Law - Main Principles & Components

• Key rules have been established for space traffic management to effectively regulate movement in space and minimize collision risks among various objects.
• A framework has been developed that addresses the safety of critical space infrastructure, ensuring that all infrastructure components are adequately protected and functional within the challenging space environment.
• Sustainability principles in space activities are emphasized to assure a coherent and responsible approach to space utilization, reflecting the shared commitment of all EU member nations towards preserving outer space for future generations.

EU Approach to Space Traffic Management

• Main aspects of this approach involve assessing both civilian and military space activities, fortifying technical capabilities in the identification and tracking of space debris, encouraging legislative initiatives and standardization measures, and fostering international and multilateral partnerships that enhance global cooperation in managing space traffic.
• The justification for implementing these measures is rooted in the increasing congestion of space, particularly in Low Earth Orbit (LEO), which has been exacerbated by the rapid rise in the number of space objects and the consequent risks posed to safe and sustainable space operations, including issues pertaining to light pollution and electromagnetic interference created by the proliferation of satellites.

EU Space Security & Defence

• This section, while important for understanding the overarching context of space activities, is noted to be unnecessary for the examination, indicating students can focus their studies on more directly examinable content related to EU space law.

EU Space Security & Defence - Components (not required for the exam)

• Section 1: This section addresses resilience and protection strategies for space systems and services, ensuring that critical assets in space remain operational amidst various threats.
• Section 2: Focuses on the EU's strategic response mechanisms to perceived space threats, ensuring readiness to mitigate any potential risks posed by hostile activities in outer space.
• Section 3: Enhances the utilization of space for security and defense applications, broadening the scope of space technologies to contribute to defense objectives.
• Section 4: Details collaborative endeavors aimed at promoting responsible behaviors among space-faring nations, advocating for norms of conduct in outer space to preserve safety and sustainability.