PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 NATIONAL SPACE LEGISLATION: THE BELGIAN APPROACH Jean-François Mayence Legal Affairs and International Relations Space Research & Applications Department Belgian Federal Office for Science Policy

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 The draft Belgian Space Act : purposes to respond to Belgium’s commitments in the framework of Outer Space Law treaties and agreements (OST, Astronauts, Liability, Registration); to set up a National Space Objects Registry; to ensure control on “national space activities”, particularly with regards to safety of people and environment; to set up a system of recourse between the Belgian State and the Operator; to allow recovery and restitution of landed space debris.

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 The draft Belgian Space Act : scope and mechanisms performing space activities under Belgian jurisdiction requires a licence from the Minister; “Belgian jurisdiction” means: - Belgian territory (except part of the Belgian territory not under Belgian jurisdiction) or - any other place or facility under the jurisdiction or the control of the Belgian State; no matter the citizenship of the Operator.

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 However: extension of the application of the law is possible if an ad hoc international agreement provides so. It could be a:  multilateral agreement (i.e. complementary protocol to the Liability Convention);  bilateral agreement (with the State where the activities are performed)

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 Such agreement (multilateral or bilateral) should provide for: harmonised criteria of jurisdiction (ratione persone or ratione loci); final settlement of liability burden; harmonised procedure applicable in case of transfer of activity from one Party to another; exchange of information and mutual cooperation.

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 The drafting exercise: several options “National Space Legislation” = ? -regulation of space activities? of space products? of space risks?... -economical purpose? security purpose?... -sources? general legal framework? -“A national space legislation: what for?” (political tool, technical tool, legal tool?)

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 responding to international law, taking into account EU law and national law a same model for very different countries, with different space capacities and features? (Germany, France, Belgium,…) need for an harmonised European legislation: why? how?

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 Why? 1° because EU will become itself a very important actor in space activities (“launching State”); 2° because each Member State’s regulation have an impact on other’s; 3° because effectiveness of regulation depends of its harmonisation (especially with regards to concepts such as “Freedom of Establishment”, “Societatis Europeanis”, “Joint Undertaking”,…)

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 How? 1° harmonising international responsibility and liability approaches among EU Member States: - what’s the “appropriate State” according Art. VI OST? - which factors link activities to jurisdiction? - what are the recourses from one State to another? - what are the conditions for activities’ transfers? 2° establishing a real market policy for space products in close link with the specific aspects of space R&D funding.

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 So, EU needs to develop its own legal framework: -at its scale (= regulating EU’s activities, incl. who will bear the risks?) -at the scale of its Member States by: harmonizing their legislations but taking into account their respective features; regulating private activities with regards to EU Treaty principles -subsidiary question: at the international scale: by becoming “Party” to the UN Space Treaties?

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 Conclusion: Belgian Space Act: responding to commitment in UN Space Treaties (basic space legislation); Belgian political, economical framework for Space remains ESA and EU (not at the national level); Belgian Space Act: solution until an harmonised regulation at the European level is adopted.

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 Appendix : next steps of Belgium in Space Law

PROJECT Towards an Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 completion of the procedure for entry into force of the Belgian Space Act and promulgation of its royal and ministerial implementing decrees (expected: mid- 2005); completion of the procedure of accession to the Moon Treaty (expected: mid-2004)