1 “Protect people, goods, public health and the environment” French Space Law Implementation Isabelle RONGIER CNES Inspector General IAASS President

2 Table of contents  Why a space law ?  How authorization process works?  Rulemaking  Organization and competencies for supervision  Safety and environmental requirements  Lessons learned  Conclusion

3 Why a Space Law ? The purpose of the FSOA is to set up a secured national regime of authorization and control of Space operations under the French jurisdiction or for which the French Government bears international liability, in accordance with UN Treaties principles  Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States ….  States Parties to the Treaty shall bear international responsibility for national activities in outer space…  The activities of non-governmental entities in outer space… shall require authorization and continuing supervision by the appropriate State….

4 audit energetique 4 To deal with all aspects and phases from launch to reentry, including in-orbit delivery, control in-orbit and end-of-life management  Safety of third parties  Public health  Environmental protection  Space debris mitigation  State guarantee attached with the authorization: limitation of the operator’s liability for damage to third parties occurring on the surface of the earth or in Air space limited to a fixed amount of approximately 60M€, except in case of willful misconduct. If compensation for damage caused goes beyond this amount, the State supersedes the operator’s obligation to indemnify.  If the French State is sued under UN Space Treaties (1972 Convention…): right of recourse against the Space operator limited to the fixed ceiling of 60M€  Contractors, subcontractors, customers or insurers can also benefit from this guarantee for damage caused during the Launching phase. To set up a liability regime for damage caused to third parties Space Law basics Long Term Sustainability of Space Activities Fair competition for operators in a legal frame

5 Shall obtain an authorization:  Any operator intending to launch a space object from the French territory, or from facilities under French jurisdiction  Any French operator that launch a space object from the territory of a foreign State or from a place that is not under any State’s sovereignty  Any person having French nationality or company which are located in France, that aims at launching a space object, or any French operator that commands such an object during its mission in outer space. How it works ? CNES/P Compliance certificates MESR Authorization Decrees Operators Operational data CNES Technical Departments Act no of 3 June 2008 on space operations (FSOA) entry in force 10th of December 2010 Decree no of 9 June 2009 on authorisations granted in application of the LOS (Authorisation decree) Decree concerning Technical Regulations 31th March 2011 Space systems Best practices for Technical regulations implementation Decree no of 9 June 2009 amending Decree no of 28 June 1984 on CNES (CNES Decree) Decree regulating operations in Guiana Space Center facilities Decree concerning space objects identification 12th August 2011

6 French national authorisation procedure Principle of prior authorization for: any operator, irrespective of nationality, intending to launch or bring back to Earth a space object on French territory. any French operator intending to launch or bring back to Earth a space object any person of French nationality intending to launch a space object any French operator intending to control such an object in space Conditions for get authorizations  The applicant must supply moral, financial and professional guarantees.  The systems and processes implemented must comply with technical regulations. Supervision to ensure that prescriptions are fulfilled The French Space Agency (CNES) is mandated by the law to ensure that systems and procedures implemented by space operators comply with technical regulations” Safety measures The Minister and the President of CNES are empowered to take all necessary measures to ensure the safety of people, property, public health and the environment

7 COPUOS :  Principles for the use of Nuclear Power Sources in Outer Space  Space debris mitigation guidelines of the Scientific and Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space  …and future results of Working Group on the Long-term Sustainability of Outer Space Activities ISO :  Standard “Space debris mitigation” was an important step in the harmonization process  Writing of some news important standard ISO (Prevention of break-up of unmanned spacecraft for example) is on going IADC:  IADC mitigations guidelines and  Support to the IADC Space Debris Mitigation Guidelines On going works on Launch and Re-entry Safety COSPAR : Planetary protection policy 1.How is “safe enough” defined or determined? 2.How is the safety of this launch or reentry assessed? 3.How are risk factors identified for launch safety? 4.How are assessments conducted? 5.What numerical metrics are used to assess risk? 6.What approaches are used to reduce risk? 7.How and who accepts the risk? 8.What computer modeling approaches are used? 9.How are risk uncertainties treated? 10.How are modeling (epistemic) uncertainties and real-world (aleatory) variations evaluated? 11.What statistical confidence level is used in the calculations feeding the risk acceptance decision? Consider public safety main drivers Some basis for rulemaking process Analyze existing standards / practices

8  Identify realistic ways of compliance with regulations  Consult stakeholders early during rulemaking process  Define appropriate interim provisions: time and money are needed to adapt space systems to reach full compliance Technical regulations rulemaking process “Quality System” requirements + Technical dossier  Description of the operation,  Hazard analysis  Impact studies  Risk mitigation measures  Demonstration of compliance with requirements Quality manual Processes Procedures Instructions Records

9  “Worst case” approach in near field  Collective risk for people (maximum acceptable probability):  /operation in far field  Nominal impact zones outside landmasses and territorial waters  Information to the air and maritime traffic authorities about impact zones for transmission of appropriate notifications  Criteria for launch collision avoidance with manned vehicles  Collective risk for the population (maximum acceptable probability):  /operation  Nominal impact zones outside landmasses and territorial waters  Information to the air and maritime traffic authorities about impact zones for transmission of appropriate notifications  In the event of fully justified impossibility of proceeding with controlled atmospheric re-entry, the operator must make its best efforts to respect a quantitative objective of LAUNCHESREENTRIES / DEORBITATIONS Specific safety objectives

10 Space debris mitigation requirements  Do not generate debris during nominal operations  Minimise the probability of accidental break up  Prevent collisions with satellites whose orbital parameters are known  Remove space vehicles and orbital stages from protected regions after the end of the mission (no interference in B region > 1 year + no come back during 100 years linked to perturbation effect)  Live spacecraft in passive condition after the end of mission NUCLEAR SAFETY Planetary protection : Avoid harmful contamination and adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter Protection of public health and the environment : Mitigating risk of dangerous contamination during launch or re-entry (qualitative characterization of impact of combustions gases, ozone layer depletion, sea pollution, nuclear material) Common safety / environment objectives

11 Ethics Charter  Impartial opinions, giving no grounds for criticism  Independent evaluation concerning the design and implementation of the process  Transparency regarding the authority and operators  Insure confidentiality of information : Inspectors are empowered by legal Court after swear  Professional secrecy  Full control of internal and external communication Expertise  Space System architecture  Satellite and Launch System management  Quality, reliability and safety management  Hazards analysis  Command and control  Space dynamics »Mission analysis, »End-of-life strategy, »Collision avoidance  Operations Supervision : Behavior and competencies  Clear segregation from Project role / FSOA technical compliance assessment  End of commercial in orbit positioning and operations in CNES premises  End of product insurance management shared with operator (CNES subsidy)  End of ground safety operations inside operator’s properties Organisation aspects

12 FSOA application since December 2010 CNES sets the example: all its satellites have been verified for compliance and received a favourable decision from the President of CNES 20 authorisations for Ariane 5 ECA 4 authorisations for Ariane 5 ES-ATV 10 authorisations for Soyuz - 1 authorisation for Vega 1 licence for A5-ECA (analysis under way) 3 certificates of compliance for Vega 1 preliminary certificate of compliance for A5-ES Galileo 1 preliminary certificate of compliance for A5-ME Orbital systems: 3 certificate for ATV - 1 certificate for Galileo 1 licence for the EuroStar 3000 and SpaceBus 4000 platforms 1 licence constituting authorisation for control in orbit for satellites already launched 1 authorisation for control in orbit for Eutelsat 25B 1 authorisation for control in orbit for the first 24 satellites in the Globalstar 2 constellation 1 authorisation for control in orbit for Robusta 4 authorisations for launch for Yahsat 1A and 1B, and Spot 6 and 7 3 authorisations for orbit acquisition and/or control for VNREDSAT-1, MEASAT-3B, DZZ-HR 1 preliminary certificate of compliance for the ALPHABUS PF 1 preliminary certificate of compliance for the ALPHABUS PF 1 authorisation for control in orbit for Turkmenistan NSSC 1 authorisation for launch for Turkmenistan NSSC Under the Act or ESA-CNES agreements COROTCALIPSOSMOS ELISASPOT 4 and 5PARASOL JASON 1 and 2TELECOM 2DPICARD PLEIADES 1A-1B ATHENA-FIDUS

13  Two sticking issues for space operations :  Uncontrolled re entry risk  Debris mitigation in LEO orbit region  Full compliance will be meet in 2020….but :  Dedicated R&D program in progress is challenging  Sustainable practices are costly Lessons learned from rulemaking process  Orbital lifetime prediction is not entirely deterministic  Long-Duration Solar Flux Prediction  Significant Moon-Sun perturbation for GTO orbit  Compliance with “25 years” rules can be only probabilistic objective (>0,9)  New design of GEO satellite includes jettisonable auxiliary motor module  add specific requirements for disposal and passivation of these devices  Probability of successful disposal  requirement too stringent considering the state of the art 0,9>>>0,85 Technical regulations shall not be static Interim provisions

14 ■ Mission success and safety of third party are separate objectives ■ State of the art reliability of space systems is not enough to guarantee public safety and debris mitigation ■ Dedicated requirements are needed for public safety and debris mitigation Lessons learned from rulemaking process : Do not to take aim at the wrong target ■ Operator is in the best position to manage safety risks : Impose objectives than implementation solutions ■ The quality system of the organization with authority over operations must allow it to ensure safety for the entire system it implements, and thus to manage all of its components and interfaces. ■ Only accurate knowledge of the associated hazards and potential vulnerabilities inherent in the system, its operations and its environment makes it possible to take appropriate decisions with regard to the acceptance of risks. ■ Human factors, which are largely informal in nature, must be the subject of appropriate measures for their management. help operators with providing relevant tools

15 And beyond National borders, need for a global convergence Why?  Make reachable debris mitigation objectives  Define common public risk limits applicable both for domestic and international populations  Keep the competition fair between commercial Space Operators  Balance between safety, environment protection and cost at a global level

16 IAASS IAASS Technical Committees Launch & Re-entry Safety Space Hazards Commercial Human Spaceflight Human Factors & Performance for Safety Space Safety Laws and Regulations