1. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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

2. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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.

3. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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.

4. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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)

5. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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.

6. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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?)

7. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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?

8. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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”,…)

9. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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.

10. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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?

11. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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.

12. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 January 2004 Appendix : next steps of Belgium in Space Law

13. PROJECT 2001+ Towards an Harmonised Approach for National Space Legislation in Europe Berlin, 29-30 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)