“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) 1

Presentation content

 Appraisal report on changes in Space law in France (1999-2002)  Introduction  Objectives, Appraisal domain, Approach, Report structure  Principal lessons      Introduction Public authorisation and surveillance system Outline for an internal legal framework Application of the public service concept Measures 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) 2

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 3

Appraisal domain

 Space activities (in the strictly in-space sense) placed under our authority  Launch service, space system "operation"  Certain unique services supplied from space  Earth observation, positioning, navigation, etc.

 Related and subsidiary questions  Frequencies, telecommunications law Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 4

Appraisal report approach

 Consultation, inventory, comparisons, potential options (  proposed text)  4 sectoral task forces (mid-99 to end 2000)  Launch services  Earth observation  Radio communications  Ownership and guarantee as relating to objects in space  Summary and drafting of report in 2001  Appraisal report completed in 2002 Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 5

Report structure

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General measures

 Public assignments  Authorisation, surveillance, responsibility, registration, franchise (cf. public service)  Market development  Contractual responsibility, intellectual property, ownership and guarantee, market access, tax aspects 

Specific measures

 Launch services, Earth observation, Radio communications (task force reports) Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 6

Principal lessons (I): introduction

 Issues addressed > space law and sectoral legal needs  International 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 7

Principal lessons (II): Need for a public authorisation and surveillance system  / Responsibilities and liabilities of the State  Licence obligation (who for and for what ?), listing of objects and debris, recursive action of the State  / Registration conditions and impacts  Procedure, 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.

Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 8

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

Applicability

 Functionalist definition of space activities  Assessment of applications beyond "national" level (ESA, Eutelsat, Arianespace) and extra-territoriality (Starsem, Jason, etc.) Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 9

Outline for an internal legal framework (2) 

Practical criteria

 Inherant 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 Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 10

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 surveillance  Civil/defense coordination, Europeanisation of resources Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 11

Principal lessons (VI) : Application of the public service concept? (1)   Unique systems  EO, navigation: not defined as "public" (e.g. defence, meteorology, science, etc.) or "private" (telecommunications, TV broadcasting, etc.) Common characteristics  Public 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) Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 12

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 Lummaux  Private or commercial systems (private investment) – Public systems funded by the State for reasons of general interest, with operation by a public or private entity Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 13

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 Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 14

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 orbit



Tax aspects

: legibility, reciprocity Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 15

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

Intellectual property

 Patents:/space invention,/ space systems in flight, or in transit (excepting temporary presence), French jurisdiction 

Ownership and guarantees

 Satellite = correctly registered, Unidroit system/F, associated rights Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 16

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 Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report 17

Seminar « Which legal framework for space activities?” (1) (Paris, National Assembly, 13th March 2003)  Objectives of the seminar  to 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 18

Seminar « Which legal framework for space activities ?” (2) (Paris, National Assembly, 13th March 2003)  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 Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003 19

Seminar « Which legal framework for space activities ?” (3) (Paris, National Assembly, 13th March 2003)  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 Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003 20

Seminar « Which legal framework for space activities ?” (4) (Paris, National Assembly, 13th March 2003)  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 Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003 21

 Seminar « Which legal framework for space activities ?” (5) (Paris, National Assembly, 13th March 2003) Conclusions: Guidelines from the Ministry  Necessity to elaborate in France a domestic legal framework for space activities  Consideration of the Defence aspects (dual programs, PFI, data policy)  Strengthened role for CNES in the legal mechanism  Needs for an harmonised European consultation between UE, ESA and their respective State Members Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003 22

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 23