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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
Dr. jur. Ulrike M. Bohlmann,
ESA Legal Department, DG-LP,
Email: [email protected]
ESA’s Registration Policy
U. Bohlmann
The European
Space Agency
The idea of an independent European
space agency dates back to the early
1960's.
ESA was formed in 1975, replacing the satellite
and launcher organisations ESRO and ELDO.
It is an international intergovernmental organisation.
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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.
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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:
•
•
•
•
Space activities and programmes
Long term space policy
A specific industrial policy
Coordinating European with national space programmes
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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
• Telecommunications
• Satellite navigation
• Launcher development
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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.
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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.
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Europe’s
Launchers
fleet
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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
Advantages:
• Payload mass gain for geostationary satellites because of proximity to the equator
• Launch to polar and geostationary orbits without overfly of populated aeras.
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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.
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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.
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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.
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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 1979-2003: 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
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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).
SINGLE
LAUNCH
SPACE
STATION
MISSIONS
Development of the Ariane 5 launcher, its
production facilities and new launch site
(ELA-3) in Kourou were financed by ESA.
Near ELA-3, ESA has built manufacturing
facilities for the solid propellant boosters.
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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.
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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 ESARosaviakosmos agreement on
cooperation and partnership in the field
of launchers
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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.”
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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.
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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
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The International Space Station
ESA-ATV
RUSSIA
CANADA
USA
JAPAN
ESA-COLOMBUS
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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.
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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-bycase-basis.
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Concluding remarks
Declaration
of acceptance
Duties
ESA’s Registration Policy
“Launching State”
Determination of State of registry
Registration
Notification
Accomplished
U. Bohlmann
Thank you !
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