1 Methods of Harmonisation Global or Regional/European Harmonisation Dr. Bernhard Schmidt-Tedd, DLR Project 2001 Plus Workshop „Towards a Harmonised Approach for National Space Legislation in Europe“, Berlin, January 29 th /30 th 2004

2 I.Starting situation/orientation of interests II. Fields of harmonisation 1. Harmonisation in terms of substance/contents 2. Instruments and implementation models 3. Authorization elements 4. Interactions between different national authorization procedures III.Graduated harmonisation approaches (international/regional) IV.Challenges for the European harmonisation 1. General Aspects 2. Legal instruments according to EC-law

3 The State Parties to the United Nations Treaties on Outer Space are free to decide how they will implement their international obligations according to Art. VI OST  Self-Control of governmental activities  NASDA Act of 3 June 1998  Russian Law (Decree No ), Section II  Authorization and continuing supervision of activities of non- governmental entities  indirect control  explicit legal regulation (GB/S)

4 I. Starting situation/orientation of interests Different interests of the signatory states to the UN-treaties depending on the scope of their space activities. USA/Russia have established their application procedure. Europe: -a multitude of national states with their own legislative authority -a range of different national foci in their space activities -as a whole only rudimentary regulations Therefore, harmonising the national space laws is a requirement of strategic autonomy.

5 II. Fields of harmonisation If we look at the fields which are lending themselves for harmonisation, we may identify the following items: -Provisions of the UN Outer Spaces Treaties open to interpretation -Instruments and organization models to assure the implementation of the obligations arising out of the UN Treaties -Authorization aspects of private-sector space activities -Interactions between national procedures and acceptance of foreign certifications and authorizations

6 1. Harmonisation in terms of substance/contents  Harmonisation in terms of substance/contents of provisions of the UN-Treaties which are open to interpretation is a delicate matter  It is of prime importance to maintain the difficult basic consensus of UN-Treaties (comprehensive liability scheme)  No divergent or limiting interpretations on a national level  Reference to the original text as far as possible

7 2. Instruments and implementation models  Different legal systemes require different approaches/ independent organizations/agencies according to the scope and extent of national activities  In general clearly traceable legal regulations are more beneficial to international cooperation  Differentiation between governmental/scientific and private- sector activities  In Europe harmonisation with ESA/EU and the network of national players

8 3. Authorization elements  The authorization elements of private-sector space activities are the practical core of the harmonization efforts  Towards worldwide uniform standards/no competitive distortions  No site-specific advantages by keeping requirements at a low level  Not only a regional but also an international harmonisation

9 4. Interactions between different national authorization procedures  Mutual recognition and harmonisation of the interfaces between different procedures  Conflict-of-law-rules for authorization and control of private- sector activities  Europe: standartization efforts towards a uniform economic area  The inter-European problem is the establishment of an (internal) graduated system of responsibility according to the scope of participation

10 III. Graduated harmonisation approaches (international/regional) International  Core elements of the authorization procedure (building blocks)  Recognition of national tests/certificates International/national (critical subjects)  Applicability of national laws / Scope of application (personal / material / territorial) Regional  New developments to encourage the legal progress on an international level

11 IV. Challenges for the European harmonisation 1. General Aspects  Art. 4 Framework Agreement ESA/EU: Promotion/Adoption of legislative, regulatory and standardisation measures  White Paper: … approriate contribution to the development of new global rules and standards  Shaping the legal development in the space sector  Directive for the framework and mutual harmonization of the applicability of national authorization laws in Europe?  Optional subjects: e.g. data policy

12 2. Legal instruments according to EC-law Until now no explicit instrument to harmonise national space leglislation, but two aspects for harmonisation attemps  no distorsion of the common market (see Art. 3 I lit h EC)  Specific competences, e.g. environment (Art. 175 I, II EC) Art EC general authorization provisions  different intensities of harmonisation  principle of subsidarity (minimum level: mutual recognition of national standards) Additional option: Harmonisation through international agreement according to Art. 293 EC