1 Project 2001 Plus Towards a Harmonised Approach for National Space Legislation in Europe Berlin, January 2004 Findings of the Project 2001 Workshop – Need and Prospects for National Space Legislation Dr. Kai-Uwe Schrogl / Dr. Michael Gerhard (German Aerospace Center, DLR)

2 Background of the Project 2001 Workshop In the context of Project 2001 – Legal Framework for the Commercial Use of Outer Space Working Group set up in late 1999 due to the identification of the gap of National Space Legislation at the Workshop on Privatisation more than 50 experts from academic institutions, ministries, agencies and industry from all over the world main forum: Workshop in Munich / Oberpfaffenhofen, 5/6 December 2000 (co-chaired by Kopal / Schrogl)

3 Procedure of the Project 2001 Workshop presentations / discussions on - general aspects (international obligations / specific need) - specific aspects (insurance matters, environmental matters, industry’s view) - Current plans for National Space Laws ( drafts of F, D, I, NL, BR) - Presentation of existing Space Laws (US, SE, UK, RUS, AUS) Panel an basic elements (-> “building blocks”) and prospects for harmonisation Conclusions and Recommendations were presented at the Cologne Colloquium (May 2001) and within a written Report published in its Proceedings

4 Main Finding of the Project 2001 Workshop The 5 Building Blocks for National Space Legislation 1.Authorisation of space activities  interpretation of space activities  application to activities with regard to territory and persons (legal/natural)  observance of principles (e.g. contamination etc.)  sharing the financial risk of liability between government and non- governmental actors  observation of the obligation concerning co-operation and mutual assistance 2. Supervision of space activities  via periodical information either done by the owner of an authorisation or collected by the public authority concerning the terms of the authorisation  via sanctions in case of non-observance of the terms of the authorisation  via revocation or suspension of the authorisation in the case of non- observance of its terms

5 Main Finding of the Project 2001 Workshop (2) 3. Registration of space objects  application/interpretation of the notion of space object  setting up a national registry  determination of the supervisory authority  content: the five pieces of information as required by Art. IV (2) of the Registration Convention, additional information like the mass of the space object or others, a safety assessment in the case, that a nuclear power source is involved  registration of objects which have re-entered the earth atmosphere  possibility of changes of the registered information  access to the registry

6 Main Finding of the Project 2001 Workshop (3) 4. Indemnification regulation  implementation of a right of recourse if the (launching) State has paid indem- nification to another State under Art. VII OST and the Liability Convention, even if the damage has been caused solely by a non-governmental entity  limited to a certain fixed sum, to the insured sum or time limitation, beyond that the State can guarantee its payment, possibly State support also for all claims 5. Additional regulation (all points mentioned linked to the problem of "fair competition")  regulation of the insurance and liability related issues  patent law and other international property issues, export control regulation  financial security; but because of the ongoing UNIDROIT discussion on interests in space property varying regulations should not be implemented on the national level at the moment  transport law  dispute settlement

7 Impact of the Project 2001 Workshop The “building blocks” have been presented at the 2001 session of the UNCOPUOS Legal Subcommittee during the meeting of the WG on the “Review of the Launching State” and are part of the recommendations in the final statement of the UN Working Group on the “Review of the concept of the ‘Launching State’”, Also, at the session of the ESA International Relations Committee on 2 May 2001, the ESA Executive proposed to discuss the “building blocks” in this forum Discussions on scientific level (i.a. at the IISL Colloquium at the 2001 IAF Congress, Toulouse)

8 Correlation to the new Project 2001 Plus Workshop Aspects of Harmonisation intended to fill in the „building blocks“ identified by Project Authorisation 2. Supervision 3. Registration 4. Indemnification 5. Additional Aspects (in extract) „Compulsory Insurance“ „Liability Aspects“ (next Workshop) „Administrative Procedure“ and „Technical Safety Evaluation“