“Changes in Space Law in France” 2002 appraisal report March 2003 Seminar and 2004 follow up

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“Changes in Space Law in France”

2002 appraisal report March 2003 Seminar and 2004 follow up

Project 2001 Plus Workshop "Towards a Harmonised Approach for National Space Legislation in

Europe", Berlin, 29/30 January 2004“Changes in Space Law in France” - 2002 Appraisal report, March 2003 Seminar and 2004

follow up Philippe Clerc (France)

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Presentation contentAppraisal report on changes in Space law in

France (1999-2002) Introduction

Objectives, Appraisal domain, Approach, Report structure

Principal lessons IntroductionPublic authorisation and surveillance systemOutline for an internal legal frameworkApplication of the public service conceptMeasures relating to the private sector

Seminar « which legal framework for space activities ?” (Paris, National Assembly, 13th March 2003)

Follow up in 2004...“Changes in Space Law in France” - 2002 Appraisal report, March 2003 Seminar and 2004

follow up Philippe Clerc (France)

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Objectives of the appraisal report (www.recherche.gouv.fr

Clarification of the legal link between the launcher State (F) and the space system operators under its jurisdiction

In broader terms, measurement of the adequation of the existing legal framework

Provision of assessment criteria for the Minister for Space

Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

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Appraisal domainSpace activities (in the strictly in-space

sense) placed under our authorityLaunch service, space system "operation"

Certain unique services supplied from space

Earth observation, positioning, navigation, etc.

Related and subsidiary questionsFrequencies, telecommunications law


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Appraisal report approachConsultation, inventory, comparisons,

potential options ( proposed text)4 sectoral task forces (mid-99 to end

2000)Launch servicesEarth observationRadio communicationsOwnership and guarantee as relating to

objects in spaceSummary and drafting of report in 2001Appraisal report completed in 2002


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Report structureGeneral measures

Public assignmentsAuthorisation, surveillance, responsibility,

registration, franchise (cf. public service)

Market developmentContractual responsibility, intellectual

property, ownership and guarantee, market access, tax aspects

Specific measures Launch services, Earth observation, Radio

communications (task force reports)


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Principal lessons (I): introduction

Issues addressed > space law and sectoral legal needsInternational relations, construction of Europe,

competitiveness of industry, development of applications, security and defense, national attraction, ethical aspects, etc.

Sovereignty, Space Power

Existing framework acceptable for current programmes, but requires rethinking for future, and in particular private sytems Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

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Principal lessons (II): Need for a public authorisation and surveillance

system / Responsibilities and liabilities of the

StateLicence obligation (who for and for what ?),

listing of objects and debris, recursive action of the State

/ Registration conditions and impactsProcedure, list of information, ownership and

guarantees, patents, modification, launches in other countries, licences/services, transparent access/confidentiality, duties and taxes, sanctions for default, impacts, etc.


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Principal lessons (III) : outline for an internal legal framework (1)

ApplicabilityFunctionalist definition of space

activitiesAssessment of applications beyond

"national" level (ESA, Eutelsat, Arianespace) and extra-territoriality (Starsem, Jason, etc.)


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Outline for an internal legal framework (2)

Practical criteriaInherant qualities of the applicant

Legal status, expertise, technical resources, solvency, background, etc.

Nature of the activity Technical criteria (certification), defence

aspects, risk level/State responsibility, receivability/other authorisations required, duties and taxes


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Outline for an internal legal framework (3)

Approval authority / Authorisation, certification, registration

Surveillance authority Launch safety, orbit station acquisition and

station-keeping security, fall-back tracking, space surveillanceCivil/defense coordination,

Europeanisation of resources


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Principal lessons (VI) : Application of the public service concept? (1)

Unique systemsEO, navigation: not defined as "public" (e.g. defence,

meteorology, science, etc.) or "private" (telecommunications, TV broadcasting, etc.)

Common characteristicsPublic investment funding, operation, +

enhancement (where appropriate), by private law structure (majority Cal. public or not), agreement between public investor and operator/exclusivity (in some cases world-wide)


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Application of the public service concept? (2)

Attraction of the notion Application of the law of competition or not,

continuity of systems (probatory/recurrent)

Typology Appraisal conducted by Bertrand du Marais

Activities : purely competitive, regulated competition, clearly public service, administrative police function

Conclusions of GT 3, by Jean-Claude LummauxPrivate or commercial systems (private investment) – Public systems funded by the State for reasons of general interest, with operation by a public or private entity


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Application of the public service concept? (3)

Solution pointers Independent question of space law, implications > space

sector: no requirement for specific system for this sector Distinction at public authority level: shareholder

management (application of company law) – franchisor function (cf. ad hoc agreement concluded with operator)

Distinction at operator level: activity franchised (public service assignment )/ inherant value added

Integration of this question as from programme preparation stage (definition – development phases), including Earth observation and navigation in particular

Systematic consideration of European law and defence and security aspects


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Principal lessons (IX) : Measures relating to the private sector (1)

Contractual responsibility: explicit validation, non-recourse clause and mutual guarantee pacts

Damage responsibility ceiling for launch operators/Launcher State (F)/Third-party victim State(s)

Insurance of satellites in orbitTax aspects : legibility, reciprocity


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Principal lessons (X) : Measures relating to the private sector (2)

Intellectual propertyPatents:/space invention,/ space systems in flight, or

in transit (excepting temporary presence), French jurisdiction

Ownership and guaranteesSatellite = correctly registered, Unidroit system/F,

associated rights


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Appraisal report recommendation

Need for a licence system Partial adaptation of private law Consideration of rules of public service

Earth observation (recurrent systems), Navigation

Specify the role of CNES in the legal mechanism

In more systematic terms, adoption of a European point of view and consideration of security and defence aspects


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Seminar « Which legal framework for space activities?” (1)

(Paris, National Assembly, 13th March 2003)

Objectives of the seminarto emphasise the study by a broader debate

From French issues to European and international consideration

From Space actors to others (Government, Parliament, Industry, Frequency and Telecommunication, Users, Citizen…)

Introduction by Claudie Haigneré, Minister for Research (and Space activities)

Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003

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Seminar « Which legal framework for space activities ?” (2)


4 round tables: 1 - “Situation of the international, European

and national legal environment” - Chairman, Judge G. Guillaume:A. Pompidou - UNESCO/Ethics, S. Marchisio UN, F.

Supplisson - WMO, L. Rapp - Existing Space law

2 - “National and European perspectives” - Chairman, Senator H. Revol :B. Schmidt-tedd - Legislation in preparation (Project

2001 Conclusions...), P de Bayser - Industry expectations, Y. Gaudemet - ESA/EU relations


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3° Round table - “Follow up to the appraisal report?” - Chairman, Prof. A. Lebeau : P. Clerc - main aspects of The MRNT report, A.

Kerrest - Guidelines for an authorisation and control national regime on space activities, G taillefer - Frequency and orbital position issues, A. de Fontmichel - Financing and securities on Space objets, P. Munier - Data policy stakes


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4° Round table - “State responsibilities and space business” - S. Janichewski - Chairman :B. Du Marais - Space activities and Public service

concept, J-Y Le Gall - operator’s focus on Launching State, S. Chapron - Space insurance and State responsibilities, A. Rodota - European Stakes

Closing speech by the Ministry: J. Serris - Technology directorate


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Conclusions: Guidelines from the MinistryNecessity to elaborate in France a domestic

legal framework for space activitiesConsideration of the Defence aspects (dual

programs, PFI, data policy) Strengthened role for CNES in the legal

mechanismNeeds for an harmonised European

consultation between UE, ESA and their respective State Members


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Follow up (2003- 2004…)

Seminar minutes published on 15th October 2003 (www.recherche.gouv.fr)

2003-2004 inter-departmental consultation to prepare the Prime minister’s order to the Conseil d’Etat for proposing a legal text by the end of 2004

Documents

“Changes in Space Law in France” 2002 appraisal report March 2003 Seminar and 2004 follow up