1. The Registration Policy of the European Space Agency
Presentation to the
Project 2001Plus Workshop on
Current Issues in the Registration of Space Objects Berlin 20/21 January 2005
Good afternoon and thank you very much for your introduction, Kai-Uwe.
My subject today is the registration policy of the European Space Agency.
In my speech, I would like to first recall some facts on ESA and its history
And then go on to talk about ESA’s role as a Launching State and the corresponding obligations.
Afterwards I will shortly recall the cases of Ariane, Soyuz and the ISS.
And lastly discuss the question of jurisdiction and control.
Dr. jur. Ulrike M. Bohlmann,
ESA Legal Department, DG-LP,

2. The European Space Agency
The idea of an independent European space agency dates back to the early 1960's.
As you probably all know, ESA is an international intergovernmental organisation, established by a Convention that was signed in Paris on 30 May 1975 by the representatives of twelve European Member States. The Convention entered into force on 30 October 1980, the date of France's ratification.
ESA was formed in 1975, replacing the satellite
and launcher organisations ESRO and ELDO.
It is an international intergovernmental organisation.

3. ESA Member States ESA has 15 member States :
Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Norway, the Netherlands, Portugal, Spain, Sweden, Switzerland and the United Kingdom.
Luxemburg and Greece signed the Convention
in 2004.
Canada takes part in some projects under
a cooperation agreement.
A vast majority of ESA Member States are
Parties to the Registration Convention.
Currently, ESA has fifteen Member States, the names and flags of which you’ll find all on this slide.
Luxemburg and Greece signed the Convention in 2004 and should become Member States within short.
Canada takes part in some projects under a cooperation agreement.
A vast majority of ESA Member States are Parties to the Registration Convention.

4. ESA’s purpose
Provide for and promote - for exclusively peaceful purposes - cooperation among European States in space research and technology and their space applications
With a view for their being used for scientific purposes and for operational space applications systems
ESA achieves this through:
The purpose of ESA is to provide for and to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications.
Space activities and programmes
Long term space policy
A specific industrial policy
Coordinating European with national space programmes

5. ESA programmes
All Member States participate in activities and a common
set of programmes related to Space Science mandatory programmes.
In addition, members choose the level of participation in
optional programmes:
Human space flight
Microgravity research
Earth observation
All Member States participate in the mandatory Space Science programme.
In addition, Member States choose the level of participation in optional programmes, such as human spaceflight, microgravity research, Earth observation, telecommunications, satellite navigation and launcher development.
Telecommunications
Satellite navigation
Launcher development

6. ESA’s acceptance of the Registration Convention
ELDO and ESRO Member States’ delegations obtained the insertion of Article VII of the Registration Convention enabling an international organisation conducting space activities to accept the rights and obligations, thus permitting the application of the Convention to that organisation, if a majority of the States members of the organisation are States Parties to the Convention and the Outer Space Treaty.
ESA’s Declaration of Acceptance concerning the Registration Convention was then adopted by the ESA Council on 12 December 1978 and deposited on 2 January 1979, together with its Declarations of Acceptance concerning the Rescue Agreement and the Liability Convention.
As International Organisation ESA cannot become a Party to the Outer Space Treaty and the Registration Convention, but
The Delegations of Members States of ELDO and ESRO – the two predecessor organisations of ESA - obtained the insertion of Article VII in the Registration Convention, that allows an international organisation conducting space activities to accept the rights and obligations outlined in the Registration Convention, thus permitting the application of the Treaty to that organisation, if a majority of the States members of the organisation are States Parties to the respective Treaty and the Outer Space Treaty. Similar provisions can be found in Article XXII of the Liability Convention and of Article 6 of the Rescue Agreement. A vast majority of ESA Member States are Parties to the 1967 Outer Space Treaty, the Registration Convention, the Liability Convention and the Rescue Agreement. And already during it's very first meeting on 24/25 June 1975, the ESA Council approved the text of ESA's Declarations of Acceptance concerning the Rescue Agreement and the Liability Convention.
The acceptance concerning the Registration Convention by an international organisation gave first rise to prior clarification on the part of the UN Legal Counsel in response to questions put forward by the ESRO Legal Adviser, but in December 78 the ESA Council could also approve the Declaration of Acceptance concerning the Registration Convention. You’ll find a reproduction of that declaration in the proceedings of this Workshop.
Subsequently, ESA deposited these Declarations. Thus, in pursuance of Article VII, paragraph 1 of the Registration Convention, the reference made to the States parties to the said Convention, with the exception of Articles VIII to XII inclusive, also apply to ESA – even though ESA is not and cannot be a Party to these Treaties with regard to all its rights and obligations.

7. ESA as “Launching State”
Article I (a) of the Registration Convention defines the notion of "launching State“:
(i) A State which launches or procures the launching of a space object; 
(ii) A State from whose territory or facility a space object is launched;
ESA fulfils several of these criteria. It launches some of its own space objects, it procures the launching of others and has at the Centre Spatial Guyanais in French Guyana at its disposal facilities from which space objects are launched. Therefore, ESA is a "launching State" in the sense of the Registration Convention.
According to Article I (a) of the Registration Convention, for the purposes of this Convention the term "launching State" means 
(i) A State which launches or procures the launching of a space object; 
(ii) A State from whose territory or facility a space object is launched;
ESA fulfils several of these criteria. Obviously, as international organisation it does not dispose of a territory in the same sovereign way as a State does, but it does launch some of its own space objects, it procures the launching of others and has in the perimeter of the Centre Spatial Guyanais in the French overseas department of Guyana at its disposal facilities from which space objects are launched.
Therefore, ESA is a "launching State" in the sense of the Registration Convention.

8. Europe’s Launchers fleet
In this slide you have a reproduction of Europe’s launcher fleet and in the next one

9. Europe’s spaceport: Centre Spatial Guyanais - CSG,
the Guyana Space Center
Location:
French Guiana, South America.
Sites:
ELA 3 - Ariane 5
SLV - Vega (2006)*
Launch capacity:
8 Ar5 per year from ELA 3
4 Vega per year from SLV
An illustration of the Centre Spatial Guyanais in Kourou, Europe’s space port, where ESA has at its disposal the facilitites to launch.
Advantages:
Payload mass gain for geostationary satellites because of proximity to the equator
Launch to polar and geostationary orbits without overfly of populated aeras.

10. ESA’s obligations as “Launching State”
Article II para. 1 Registration Convention:
When a space object is launched into Earth orbit or beyond, the launching State shall register the space object by means of an entry in an appropriate registry, which it shall maintain.
ESA established its registry and informed the Secretary-General of the United Nations accordingly.
Now, I would like to turn to ESA’s obligations as a Launching State.
As "launching State" ESA has several obligations.
According to Article II, paragraph 1 of the Registration Convention, when a space object is launched into Earth orbit or beyond, the launching State shall register the space object by means of an entry in an appropriate registry, which it shall maintain. After the affirmative reply by the United Nations Legal Counsel to the question put forward by the ESRO Legal Advisor, whether an international organisation could keep its own registry, ESA established its registry and informed the Secretary-General of the United Nations accordingly.

11. ESA’s obligations as “Launching State”
Article II, para. 2 Registration Convention:
Where there are two or more launching States in respect of any such space object, they shall jointly determine which one of them shall register the object.
As regards cooperative projects, ESA consistently introduces in the various cooperation agreements and memoranda of understanding it concludes an article to this effect.
As regards commercial launches contracted for example to Arianespace, ESA registers in practice the satellite that is funded by its resources and launched under contract.
According to Article II, paragraph 2 of the Registration Convention, where there are two or more launching States in respect of any such space object, they shall jointly determine which one of them shall register the object.
As regards cooperative projects, ESA consistently introduces in the various cooperation agreements and memoranda of understanding it concludes - for example with NASA or the Russian Space Agency - an article to this effect.
As regards commercial launches contracted for example to Arianespace, ESA registers in practice the satellite that is funded by its resources and launched under contract, that in general requires the customer to take care of the registration

12. ESA as “State of registry”
Article II, para. 3 Registration Convention leaves the contents of each registry and the conditions under which it is maintained to the discretion of the State of registry concerned. ESA decided to conceive its registry following the content of Article IV of the Registration Convention.
Internally, the task of keeping the registry has been entrusted to the service otherwise taking care of the notification of frequency allocation. That service collects the relevant information as required by Article IV of the Registration Convention and transmits it to the Head of the Legal Department of ESA, who conveys it to the United Nations Office for Outer Space Affairs for Publication, in pursuance of Article IV of the Registration Convention.
According to Article II, paragraph 3 of the Registration Convention, the contents of each registry and the conditions under which it is maintained are left to the discretion of the State of registry concerned. ESA decided to conceive its registry following the content of Article IV of the Registration Convention.
Internally, the task of keeping the registry has been entrusted to the service that otherwise takes care of the notification of frequency allocation. That service collects the relevant information as required by Article IV of the Registration Convention and transmits it to the Head of the Legal Department of ESA, formerly to the ESA Legal Advisor – our co-Chairman today, who conveys it to the United Nations Office for Outer Space Affairs for Publication, in pursuance of Article IV of the Registration Convention.
The register may include also some additional information such as a more elaborate description of the mission, the orbital parameters, the frequency plan, and the nominal life-time of the satellite.

13. Ariane
ESA is responsible for the development of all Ariane launchers and for the production and testing facilities.
Ariane maiden launch on Christmas eve 1979
To date more than 160 Ariane flights have successfully launched 250 satellites in orbit.
Ariane Family
1st generation : Ariane 1 (11 flights), Ariane 2 (6 flights), Ariane 3 (11 flights) Modular Ariane 4 concept (116 flights, 113 successes).
2nd generation 1996: Ariane 5 Generic and Ariane 5 ECA
I would now like to turn to the case of Ariane. But I’m sure that also Jean-Yves Trebaol from CNES will evoke the subject in his speech tomorrow morning.
Ariane’s maiden launch took place on Christmas eve 1979 and today more than 160 Ariane fligths have successfully launched 250 satellites in orbit.
ESA’s responsibility with regard to Ariane is the development of all launchers and the production and testing facilities.

14. Ariane 5: missions Main Ariane 5 missions :
DOUBLE
LAUNCH
Ariane 5: missions
Main Ariane 5 missions :
Launch of communications, Earth observation and scientific satellites on to Geostationary Transfer Orbit (GTO), High Earth Orbit (HEO), Sun-Synchronous Orbits (SSO).
Launch of ATVs (Automated Transfer Vehicles) to service the International Space Station (Low Earth Orbit at 51,6° inclinaison).
SPACE
STATION
MISSIONS
SINGLE
LAUNCH
Development of the Ariane 5 launcher, its production facilities and new launch site (ELA-3) in Kourou were financed by ESA.
In practice, what does Ariane 5 do ?
Its main missions include the launch of communications, Earth observation and scientific satellites into GeoTransfer Orbit, High Earth Orbit or Sun-Synchronous Orbit.
It will also launch the ATV for the ISS.
The development of the Ariane 5 launcher, its production facilits and the new launch site at the CSG in Kourou were financed by ESA.
Near ELA-3, ESA has built manufacturing facilities for the solid propellant boosters.

15. The case of Ariane as regards registration
Concerning Ariane development launches, ESA registers the upper stage of the launch vehicle.
For all other Ariane launches, France is the state of registry with regard to the launch vehicle and its elements.
The Convention between the European Space Agency and Arianespace on the Ariane Launcher Production Phase, that was signed and entered into force on 3 April 2004, stipulates in its Article 22 that Arianespace shall convey either to the Agency or to any Launching State concerned, the information required for keeping their registry and the information to be notified to the Secretary General of the United Nations in accordance with the Registration Convention.
Coming to the case of Ariane as regards registraion
Concerning Ariane development launches, ESA registers the upper stage of the launch vehicle, whereas for all other Ariane launches, that is operational launches, France is the state of registry. Jean-Yves Trebaol will tell us more on that tomorrow morning, I trust.
Regarding registration, the Convention between the European Space Agency and Arianespace on the Ariane Launcher Production Phase, that was signed and entered into force on last April, stipulates in its Article 22 that Arianespace shall convey either to ESA or to any Launching State concerned, the information required for keeping their registry and the information to be notified to the Secretary General of the United Nations in accordance with the Registration Convention.

16. Soyuz LEO, Polar, SSO orbits (4.5 – 4.9 t)
GTO orbit from Kourou (2.7 – 3.1 t)
Launch from Europe’s spaceporrt (CSG) in French Guiana as from 2006
Exclusive commercialisation by Arianespace which extends its launch service range complementary to Ariane 5 and Vega
This Euro-Russian endeavour is part, alongside with a planned cooperation on future launchers, of an ESA-Rosaviakosmos agreement on cooperation and partnership in the field of launchers
Here you have a picture of Soyuz that will be launched from the CSG from 2006 onwards. The Soyuz launcher will expand Europes launcher fleet to complement Ariane 5 and Vega.

17. The case of Soyuz as regards registration
Article 10 of the Draft Agreement between ESA and the French Government concerning the Soyuz Launch Site at the Guiana Space Centre and linked to execution of the ESA optional programme entitled “Soyuz at the CSG” and operation of Soyuz from the CSG”, that has unanimously been approved by the ESA Council in last February and that should be signed within short, provides that :
“1. In accordance with Article II.2 of the Registration Convention, the French Government shall register the Soyuz launcher and elements thereof for launches, carried out from the CSG.
2. In accordance with Article VIII of the Outer Space Treaty, the French Government shall retain jurisdiction and control over the Soyuz launcher and elements thereof, registered as stipulated above, while in outer space.”
The case of Soyuz as regards registration:
Last February the ESA Council unanimously approved the Draft Agreement between ESA and the French Government concerning the Soyuz Launch Site at the Guiana Space Centre and linked to execution of the ESA optional programme entitled “Soyuz at the CSG” and operation of Soyuz from the CSG”.
Article 10 of this Agreement provised that
 In accordance with Article II.2 of the Registration Convention, the French Government shall register the Soyuz launcher and elements thereof for launches, carried out from the CSG. 
In accordance with Article VIII of the Outer Space Treaty, the French Government shall retain jurisdiction and control over the Soyuz launcher and elements thereof, registered as stipulated above, while in outer space.”
The agreement should be signed within short.

18. The case of Soyuz as regards registration
A comparable provision can be found in article five of the Agreement between the Government of the French Republic and the Government of the Russian Federation on their long-term cooperation on the development, production and use of launchers and on establishment of the Soyuz-ST launcher at the Guiana Space Centre, that was signed on 7 November 2003.
A comparable provision can be found in article five of the Agreement between the Government of the French Republic and the Government of the Russian Federation on their long-term cooperation on the development, production and use of launchers and on establishment of the Soyuz-ST launcher at the Guiana Space Centre, that was signed on 7 November 2003.

19. The International Space Station
Elements of European contribution in the International Space Station
Development and operation of flight elements and their associated ground infrastructure:
- Columbus Laboratory
- Automated Transport Vehicle (ATV)
Development and delivery of hardware and software to other partners through cooperation or barter arrangements : Node 2, Node 3, Data Management System for the Russian Service Module (Zvezda), European Robotic Arm, Cupola, and other elements
Development of multi-user experiment facilities on the International Space Station, in the framework of the Microgravity Facilities for Columbus programme
Preparation for the operation and utilisation of the Station
Preparation for astronaut activities on the Station
Another important issue for ESA is the ISS.
Here you have a list of the elements of the European contribution to the ISS:
The Columbus lab and the ATV are to mention in the first place.

20. The International Space Station
ESA-ATV
RUSSIA
CANADA
And here you have a little illustration of the European elements of the ISS highlighted in yellow.
USA
JAPAN
ESA-COLOMBUS

21. The case of the ISS as regards registration
Article 5, para. 1 IGA: In accordance with Article II of the Registration Convention, each Partner shall register as space objects the flight elements listed in the Annex which it provides, the European Partner having delegated this responsibility to ESA, acting in its name and on its behalf.
Therefore, ESA shall register the Columbus Orbital Facility module and the Automated Transfer Vehicle, once these are launched, on behalf of the Governments of its Member States that are Parties to the IGA.
Article 5, para. 2 of the IGA: Pursuant to Article VIII of the Outer Space Treaty and Article II of the Registration Convention, each Partner shall retain jurisdiction and control over the elements it registers in accordance with paragraph 1 above and over personnel in or on the Space Station who are its nationals.
The case of the ISS as regards registration:
the The Intergovernmental Agreement, IGA, stipulates in its Article 5, paragraph 1, that "In accordance with Article II of the Registration Convention, each Partner shall register as space objects the flight elements listed in the Annex which it provides, the European Partner having delegated this responsibility to ESA, acting in its name and on its behalf."
Therefore, ESA shall register the Columbus Orbital Facility module and the ATV. Once these are launched, on behalf of the Governments of its Member States that are Parties to the IGA, that is the governments of Belgium, Denmark, France, Germany, Italy, the Netherlands, Norway, Spain, Sweden, Switzerland and the UK.
Article 5, paragraph 2 of the IGA goes on to specify that pursuant to Article VIII of the Outer Space Treaty and Article II of the Registration Convention, each Partner State shall retain jurisdiction and control over the elements it registers in accordance with paragraph 1 above and over personnel in or on the Space Station who are its nationals.

22. The question of “jurisdiction and control”
Article VIII OST:
A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body.
Capacity of international organisations ?
One of the ESA Member State should be recorded as retaining jurisdiction and control. Which one to be decided on a case-by- case-basis.
This leads me to the question of “jurisdiction and control”:
The first sentence of Article VIII of the Outer Space Treaty, stipulates that "A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body.“
The The term “Jurisdiction and control” in public international law is well defined. It was used for the first time in the so-called Truman declaration on the continental shelf. Gorove understands “jurisdiction and control” as representing the “functional aspects of sovereignty”.
In legal literature it has been disputed, whether also an international organisation might retain jurisdiction and control over a space object if it is carried on the organisation's registry. However, in view of the unambiguous wording of Article VIII, that only refers to States Parties to the Treaty, the history of the negotiation of the Outer Space Treaty and the fact that the Outer Space Treaty does not contain a provision parallel to Article VII of the Registration Convention, of Article XXII of the Liability Convention and of Article 6 of the Rescue Agreement, enabling an international organisation to accept the rights and obligations outlined in the Treaty, it cannot justifiably be argued that international organisations are eligible to exercise jurisdiction and control over space objects carried on their registry in the same way as sovereign States are entitled to do so.
Concerning the question as to which ESA Member State should be recorded as retaining jurisdiction and control, the view was taken that the issue should be addressed on a case-by-case-basis.

23. Concluding remarks Declaration of acceptance “Launching State”
Duties Determination of State of registry
Registration
Notification
Accomplished
Concluding, I would like to summarize:
Following ESA's declaration of acceptance concerning the Registration Convention, the reference made to the States parties to the said Convention, with the exception of Articles VIII to XII inclusive, also apply to ESA.
In the case of ESA being a "launching State" in the sense of the Convention, ESA accomplishes the duties conferred to it by the Convention, namely the joint determination of a State of registry in case of multiple launching States, the registration of the space object in question and the conveyance of relevant information to the Office for Outer Space Affairs of the United Nations.
Due to the fact that as international intergovernmental organisation its capacity as subject of public international law is limited, it cannot, however itself exercise jurisdiction and control over the space objects it registers. One of the ESA Member States needs to step in for that task.

24. Thank you !
Thank you very much for your attention and of course I am available for any questions you might have.