PROJECT PLUS GLOBAL AND EUROPEAN CHALLENGES FOR AIR AND SPACE LAW AT THE EDGE OF THE 21ST CENTURY Current issues in the registration of Space Objects Workshop Berlin 20/21 January France current practice for the registration of Space Objects and unsolved issues Jean-Yves Trebaol Centre National d’Etudes Spatiales International Affairs

CNES Guiana Space Center Arianespace Launch Operator Satellite Customer Company/Organization which procures the launch -Date/time ol planned launch - Main flight elements - Spacecraft & launcher main elements - name / mission - orbit params at sep. - other elements if available Launcher and Spacecraft Pre-launch notification Launcher Post-launch notification Spacecraft Post-launch notification -Date/time of launch -Launch site -Main orbit.params of launcher elements For info only: - S/C placed into orbit - Presumed State of belonging - Company/organization procuring the launch - Name of the S/C - Date/time of launch - Country - lLuncher type - Main orbit params - General function + If available: - Detailed mission info - Lifetime - Frequency plan ASAPafterlaunchASAPafterlaunch Launcher notification S/C Notification NASA USSPACECOM CNES, HQ International Affairs 1 - Launching data collection Vehicle Information Message 1weekpriornotice1weekpriornotice France current practice for the registration of space objects USSPACECOM

France current practice for the registration of space objects 2 - Elaboration of the national registry Nasa Satellite Situation Report (monthly ) Nasa Spacewarn Bulletin (monthly) Nasa Sixty Day Decay Forecast Report (weekly) Nasa Decay Prediction Report Response (as needed) CNES/CSG VIM Arianespace Launch Notification S/C Operator Launch Notification CNES Projects information Updates of Cnes projects mission status, orbit.. Entry of new launched spacecraft Entry of new launcher elements Preparation of the data base for new elements Updates of national objects reentry - Confirmation of launch and International Designator - Orbit. Params of passive objects - Information on fragmentation - Decayed objects National Registry (CNES) List of in-orbit objects - List of decayed objects Elements on national spacecraft mission and in-orbit status

France current practice for the registration of space objects 3 - Furnishing to the Secretary-General of the United Nations on the information carried on its registry National Registry Information to furnish to the Secretary General of the United Nations Mirrored Registry Information to furnish to the Secretary General of the United Nations Mission Permanent de la FRANCE auprès de l ’ Office des Nations Unies Information to furnish to the Secretary General of the United Nations U.N Register Committee on the Peaceful Uses of Outer Space Information furnished in conformity with the Convention on Registration of Objects launched into Outer Space Centre National d’Etudes Spatiales Ministry of Foreign Affairs National Registry EVERY6MONTHSEVERY6MONTHS

France current practice for the registration of space objects Objects registered by France France registers: - all the launch vehicles and parts thereof, launched from a French territory, namely from the Guiana Space Center. It concerns, of course, Ariane but also in the future Soyouz (agreement with the Russian Federation) and Vega The exception to this rule concerns the Ariane development launches which are registered by ESA, launching state, as a State which procures the launching and whose facility a space object is launched ( Launch pads are ESA ownership). The same principle will probably apply to Vega ( tbc ) - In the interpretation of “parts thereof” France registered not only the significant parts of the vehicle in space, i.e the upper stage and inter-satellites structures Sylda, Spelda, Speltra..but also the identified significant parts of the launcher stage when a fragmentation occurs and when the information is available - all the French spacecraft whatever is the launch territory - all the EUTELSAT spacecraft, whatever is the launch territory Eutelsat S.A is now a private firm that comes under the French law with its headquarters in France

France current practice for the registration of space objects Issue concerning the non registration of space objects launched by Ariane from the French territory Over the last two decades Arianespace has placed into orbit more than 240 spacecraft Concerning registration of the space objects, the current practice is Arianespace informs its customer that the company initiates the registration of the launcher and parts thereof and that is the responsibility of the customer to take appropriate actions to be in agreement with the applicable rules and policy  All Ariane launcher elements are registered by France  186 spacecraft (75% ) launched by Ariane are registered by the different States / Organizations which have procured the launch  61 are not registered at all ( i.e 25 % of launched spacecraft) Among them: * 27 ( i.e 45% ) belong to « former » or current international organizations * 6 (i.e 10% ) belong to « multinational » telecommunications companies * 22 ( i.e 37%) belong to « presumed » national telecommunications companies * 8 ( i.e 8 % ) concern various States  78 % of the non-registered spacecraft depend on States / Organizations not part to the Convention on Registration of Objects launched into Outer Space

France current practice for the registration of space objects Issue concerning the non registration of space objects launched by Ariane from the French territory However, in all these cases, France is a Launching State, with all the implications on liability  Concerning some former « International Organization » there was a lack of registration even when a significant amount of States Parties had ratified the Convention on Registration (no Intelsat registration after 1984 and none of Inmarsat satellites is registered)  A more controversial issue concerns the registration of spacecraft belonging to private companies (national or multinational) with their Headquarters in a State having ratifed the Convention. They could be considered as « national » (in the sense of body incorporated under the law of this State), but some States deny to be a Launching State and, a fortiori the State of Registry, altough the company in question has, without any doubt, procured the launch, in the sense it has signed the launch contract. Some facts…with no criticism.. and no answer...  There is no registration for the five Arabsat satellites launched by Ariane from the French territory and only one State, over the 22 signatories of « Agreement of the Arab Corporation for Space Communications, ARABSAT », has ratified the Convention on the Registration «  Finally some trivial issue is about the status of a spacecraft for which a private company/country X has procured the launch for an in-orbit delivery, keys-in-hand, to another company/country Y and. when this spacecraft is considered « lost » after the failed launch didn’t place it on the useful orbit..none of the concerned States claimed to register it... « A State whose territory or facility a space object is launched,shall be regarded as a participant in a joint launching » « Whenever two or more States jointly launch a space object, they shall be jointly and severally liable for damage caused »