EU Space Law & Technology Lecture Notes PDF

Amsterdam Law & Technology Institute Vrije Universiteit Amsterdam EUROPE AS A SPACE POWER Dr. Ioana Bratu Law & Governance of Outer Space Technologies 2024 EU SPACE PROGRAMME - CASE STUDY GNSS TOWARDS EU SPACE LAW: LECTURE I. SPA...

Amsterdam Law & Technology Institute Vrije Universiteit Amsterdam EUROPE AS A SPACE POWER Dr. Ioana Bratu Law & Governance of Outer Space Technologies 2024 EU SPACE PROGRAMME - CASE STUDY GNSS TOWARDS EU SPACE LAW: LECTURE I. SPACE TRAFFIC MANAGEMENT PLAN II. SPACE SECURITY & DEFENSE SECTION II NOT REQUIRED FOR THE EXAM  EUROPE IN SPACE The European Union Agency for The European Space Agency (ESA) is the Space Programme (EUSPA) is an intergovernmental organization an agency of the European Union dedicated to the technical (EU) responsible for managing development and implementation of and operating the EU's space space missions. It comprises both EU initiatives, including the Galileo and non-EU member states and is satellite navigation system and responsible for designing, building, the Copernicus Earth observation and launching satellites and other program. space technologies. EU SPACE PROGRAMME REGULATION 696/2021 EU GNSS Earth Observation Galileo, EGNOS: Copernicus: offers e.g. geo- positioning, navigation & information data & services timing - augmentation & correction of signals EU SPACE PROGRAMME REGULATION 696/2021 SPACE SITUATIONAL GOVSATCOM AWARENESS authorities: for security e.g. risk monitoring of near-Earth critical missions & objects approaching the Earth; infrastructures space weather  GPS, Beidou, GLONASS, Galileo GNSS - Precise positioning, navigation, time services for the an interconnected world technological Transportation (air, road, maritime), financial marvel transactions, agriculture, search and rescue operations Galileo: 2 billion users  Essential role in the operation of artificial GNSS - intelligence with increased autonomy levels the Self-driving vehicles, UAVs, smart agriculture, technological autonomous vessels, Moon & Mars rovers marvel Galileo: a critical ‘component’, a key enabling meets technology for autonomous driving; 2019 the first Galileo-enabled self-driving vehicle successfully intelligence demonstrated  Electronic Kinetic interferences interferences E.G. 10,000 SPOOFING E.G. GALILEO GSAT0219 CASES, BLACK SEA REGION COLISION AVOIDANCE NEGATIVE IMPACT ON THE OPERATION OF AI SYSTEMS  NON-CONTRACTUAL LIABILITIES Who will be liable in case GNSS GOVERNANCE & REGULATION AI GOVERNANCE & REGULATION an accident is caused by an AI system due to a Legislative Initiatives GNSS malfunction? International Space Law EU Tort Law  International Space Law & GNSS SPACE OBJECT DAMAGE CAUSATION Broad interpretation Space liability formula Justice & equity principles New definition Case-by-case analysis Regulation 696/2021 & GNSS liability NO EXPRESS PROVISIONS REFERENCES ONLY TO THE ADMINISTRATIVE LIABILITY OF EUSPA EMPLOYEES ARTICLE 97 1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question (...) 3. In the event of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its servants in the performance of their duties. (...)  LIABILITY OF THE EU Article 340 TFEU The contractual liability of the Union shall be governed by the law applicable to the contract in question. In the case of non-contractual liability, the Union shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties. Notwithstanding the second paragraph, the European Central Bank shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or by its servants in the performance of their duties. The personal liability of its servants towards the Union shall be governed by the provisions laid down in their Staff Regulations or in the Conditions of Employment applicable to them. TOWARDS EU SPACE LAW TOWARDS EU SPACE LAW BACKGROUND Article 189 TFEU 1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space. 2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States. (...)  TOWARDS EU SPACE LAW MAIN MILESTONES Commission Letter of Joint Comm. Joint Comm. Working Intent 13 15 February 10 March Program 17 September 2022 2023 October 2023 2024 EU Approach to STM EU Space Strategy EC President: EU Commission: legislative Security and Defense Space Law: Key initiative, the first initiative for 2024 quarter of 2024 - in April Strategic Compass for 2024 postponed before Security and Defense or after the summer of 21 March 2022 2024 Council of the EU EU SPACE LAW Why is it important? The relationship ‘EU Space Law’ - Art. 189 TFEU how will it work? EU SPACE LAW Rules on space traffic management MAIN PRINCIPLES Framework for safe & COMPONENTS critical space infrastructure Sustainability in space Purpose: ensure a consistent and EU-wide approach EU APPROACH TO SPACE 1. assessing the STM civilian and TRAFFIC military requirements and impacts for the EU MANAGEMENT 2. strengthening technological capability to identify and track space debris Main aspects 3. fostering legislative and standardisation aspects 4. establishing international partnerships and engagement at a multilateral level EU APPROACH TO SPACE space congestion (especially TRAFFIC LEO) MANAGEMENT the number of objects in space is rapidly growing direct risk to safe and Justification sustainable orbital traffic and space activities EU APPROACH the effects of light pollution TO SPACE and electromagnetic TRAFFIC interference in particular from satellite constellations must MANAGEMENT be taken into consideration and mitigation measures put in place to minimise negative Justification impacts on astronomical observations and research worldwide risk of space weather hazard for space infrastructure and services and critical ground infrastructure EU APPROACH TO SPACE TRAFFIC MANAGEMENT frequencies used by space- based services and in space activities are a limited natural Justification resource and must be used rationally the current requirement for the safe decommissioning of satellites 25 years after end- of-life should be re-evaluated - “21 voluntary guidelines for the Long-term Sustainability of Outer Space Activities” EU SPACE NOT REQUIRED FOR THE EXAM SECURITY & space - a strategic domain cf. DEFENSE the Strategic Compass cf. EU Security Union Strategy, Background space infrastructure - essential services which must be adequately protected against current and anticipated threats and be resilient EU SPACE NOT REQUIRED FOR THE EXAM SECURITY & space threats: intentionally DEFENSE hostile activities through counterspace capabilities Justification putting things in context - “counterspace is used to demonstrate capabilities, deter competitors, deny them the use of their space systems or gain an information advantage” EU SPACE NOT REQUIRED FOR THE EXAM SECURITY & DEFENSE “the effects of counterspace are to intentionally disrupt, degrade, destroy, deceive, or Justification deny the use of space systems, and to inspect, manipulate, eavesdrop, or intercept corresponding data as well as deny access or freedom of movement in the space domain”  NOT REQUIRED FOR THE EU SPACE EXAM I. RESILIENCE AND PROTECTION SECURITY & OF SPACE SYSTEMS AND SERVICES IN THE EU DEFENSE II. RESPONDING TO SPACE THREATS MAIN COMPONENTS III. ENHANCING THE USE OF SPACE FOR SECURITY AND DEFENCE IV. PARTNERING FOR RESPONSIBLE BEHAVIOURS IN OUTER SPACE  NOT REQUIRED FOR THE I. RESILIENCE AND PROTECTION EXAM OF SPACE SYSTEMS AND SERVICES IN THE EU classified annual space threat landscape analysis that includes the evolution of counterspace capabilities EU-wide security framework for the protection of space systems, information sharing and cooperation on space 1. EU Wide Framework security incidents on protection of space systems, information sharing & cooperation on incidents  NOT REQUIRED FOR THE I. RESILIENCE AND PROTECTION EXAM OF SPACE SYSTEMS AND security-by-design: SERVICES IN THE EU “Commission could also consider requirements to make sure that security, including cyber-security, is part of the design of all space systems delivering essential services” - similar with the AI Act 1. EU Wide Framework awareness and facilitate the on protection of exchange of best practices space systems, among commercial entities on information sharing resilience measures, including & cooperation on cyber-related ones incidents  NOT REQUIRED FOR THE I. RESILIENCE AND EXAM PROTECTION OF SPACE SYSTEMS AND SERVICES IN THE EU reducing strategic dependencies on third countries and boosting the resilience of critical industrial value chains address the need of new industrial alliances 2. Technological space more systematically sovereignty of the EU taken into account in relevant space sector EU policies and initiatives, such as on quantum technologies, or artificial intelligence  NOT REQUIRED FOR THE I. RESILIENCE AND PROTECTION EXAM OF SPACE SYSTEMS AND SERVICES IN THE EU protection of its supply chains it is necessary that procurement rules fully guarantee security of supply EU competition rules and international trade instruments must be fully 3. Risks to security in the applied to tackle new space sector in the EU challenges faced by the EU space and defence sectors  NOT REQUIRED FOR THE I. RESILIENCE AND PROTECTION EXAM OF SPACE SYSTEMS AND SERVICES IN THE EU examples: self-protective infrastructure, versatile and responsive launchers, space situational awareness services, in-orbit servicing and secured sovereign cloud dedicated to space services 4. Developing EU autonomous access to space to increase resilience  NOT REQUIRED FOR THE II. RESPONDING TO SPACE EXAM THREATS Detecting and characterising space threats Attributing and reacting to hostile behaviours in the space domain Space exercises for readiness and interoperability  NOT REQUIRED FOR THE III. ENHANCING THE USE OF EXAM SPACE FOR SECURITY AND DEFENCE EU space systems and services supporting security and defence PNT Earth Observation Secure Communication... Fostering innovation and competitiveness Developing skills, education and training  NOT REQUIRED FOR THE IV. PARTNERING FOR EXAM RESPONSIBLE BEHAVIOURS IN OUTER SPACE Promoting norms rules and principles for responsible behaviours in outer space Engaging with the United Nations on space and security Partnering with the US on space security and defence - comments? challenges to EU autonomy? Partnering with NATO on space security and defence THANK YOU