Poland will implement new regulations governing the rules for conducting space activities
Publication date: April 04, 2024
The Polish Ministry of Development and Technology has prepared a draft act on space activities. The new act will regulate, among others: rules for conducting space activities, as well as the conditions and procedure for issuing a permit to conduct space activities. Space activities will be able to be carried out only after obtaining a permit granted by the President of the Polish Space Agency.
The draft act on space activities (no. UD20) was published in the list of legislative and program works of the Council of Ministers on February 26 this year. The planned date of adoption of the project by the Council of Ministers is the third quarter of 2024.
The description of the project states that the national legal system lacks provisions comprehensively regulating the principles of conducting space activities and supervising these activities.
Meanwhile, as a result of the dynamic development of the Polish space sector, the possibility of entities from this sector to implement and participate in increasingly mature and complex space projects is also increasing. While at its beginnings, the Polish space sector was created mainly by public scientific units, in particular: the Space Research Center of the Polish Academy of Sciences (CBK PAN), the Astronomical Center of Nicolaus Copernicus Polish Academy of Sciences (CAMK PAN) and universities, and now private entities have also joined it. Human presence in space has both scientific and economic dimensions. This is a phenomenon typical of the New Space era, in which space activities are the domain of activity not only of states, but also of private entities, and as a result of the intensive development of space technologies and techniques, space objects are miniaturized, which leads to a reduction in the costs of conducting this type of activity. The Polish space sector follows the above-mentioned global trend. Importantly, entities in the Polish space sector, including private ones, have launched or plan to launch space objects into space in the near future.
Additionally, the public administration is currently implementing two projects involving the creation of two compatible satellite constellations, i.e.:
1. CAMILA project implemented on the basis of the agreement between the Minister of Development and Technology of the Republic of Poland and the European Space Agency regarding the provision of assistance by ESA to Poland regarding the Earth Observation project “National land analysis awareness mission”, concluded on October 30, 2023, worth EUR 85 million. The subject of this project is to design, build and launch at least four EO satellites along with the development of ground segment devices providing public users, especially local governments and national authorities, with a specific set of integrated geospatial services. The project also includes the specification of the parameters of the ground segment infrastructure needed to support the Ground Data Segment. The satellites are scheduled to be launched by the end of 2027;
2. Project Satellite Earth Observation System (SSOZ) – MIKROGLOB, implemented by the Minister of National Defense and financed as one of two projects under the investment A.2.6.1. National Recovery and Resilience Plan (KPO), in the amount of EUR 108 million, the aim of which is to design and launch four satellites. The deadline for this project is June 30, 2026.
Space activities and the National Register of Space Objects
This means that this activity must be regulated in the national legal system. Space activities, on the one hand, are a source of ultra-modern solutions, but on the other hand, they are perceived as carrying a significant risk potential. For this reason, it requires regulation to ensure that it is carried out according to the highest safety standards and with respect for the need for sustainable use of space. Therefore, there is a need for legal regulation of activities in outer space, including the creation of the National Register of Space Objects, for which the Republic of Poland is a launching state within the meaning of international law, i.e. a state that launches or causes the launch of a space object or from whose territory or facilities the space object was launched.
The proposed act also serves to fulfill the obligations of the Republic of Poland arising from international agreements binding on it, i.e. the Treaty on the Principles of the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, drawn up in Moscow, London and Washington on January 27, 1967 (Journal of Laws of 1968, item 82), hereinafter referred to as the “Space Treaty”, the Convention on International Liability for Damage Caused by Outer Space Objects, drawn up in Moscow, London and Washington on March 29, 1972 (Journal of Laws of 1973, item 154), hereinafter referred to as the “Convention on Liability for Damage” and the Convention on the Registration of Objects Launched into Outer Space, open for signature in New York on January 14, 1975 (Journal of Laws of 1979, item 22), hereinafter referred to as the “Convention on the Registration of Space Objects”. The above agreements assume the need to regulate the following issues in national law:
1. rules for expressing consent to activities in outer space by national entities and designating the authority responsible for supervising this type of activity. Pursuant to Article VI of the Space Treaty, a State Party to the Treaty is obliged to “authorize and constantly supervise” space activities conducted by “non-governmental legal persons”, and therefore also private entities;
2. creating and maintaining a national register of space objects. Article II of the Convention on the Registration of Outer Space Objects obliges the Parties to create and administer a register of space objects released into outer space by entities of that state, while each time notifying information about the launch to the Secretary General of the United Nations (UN). The act of registering a space object entails the right for the state to exercise jurisdiction and enforce certain prerogatives, as well as the obligation to bear international responsibility for the activities of such an object;
3. issues regarding state liability for damage and compensation issues. The Convention on Liability for Damage establishes the international liability of a state for damage caused by a space object for which it is the launching state, regardless of whether the object was launched by a state or private object. However, the Convention does not regulate the principles of liability for damage as regards the operator of the object that is its source, as well as the state’s recourse against the entity whose space object caused the damage. National regulation is necessary in this respect.
The effects of space activities, research and use of space are increasingly important for increasing the efficiency of state administration, managing crisis situations and ensuring security. Satellite information, in particular optical and radar imaging of the Earth (Earth Observation), is particularly important in this context. Despite easy, unlimited and in many cases free access to European satellite resources and data from the European Union’s flagship programs (COPERNICUS, GALILEO), their use in Poland is still insufficient. For this reason, the proposed act constitutes the basis for reform A.2.6. “Expansion of the national system of monitoring services, products, analytical tools, services and accompanying infrastructure using satellite data” under the KPO. Its aim is to improve the functioning of public administration (both government and local government levels) and the economy by increasing the use of satellite data. The entry into force of the proposed act is one of the KPO milestones (implementation in the third quarter of 2024), which determines the payment of the next tranche of funds from the KPO.
The Act will implement the following objectives of the Polish Space Strategy, adopted by the Council of Ministers on January 26, 2017:
1. specific objective No. 4 – “Creating favorable conditions for the development of the space sector in Poland”, which provides for the need to develop a draft act on the National Register of Space Objects. At the stage of developing the Polish Space Strategy, it was assumed that the act would only regulate KROK. Currently, due to the increase in the activity of the Polish space sector, there is a need to extend the proposed regulation and also regulate the rules and conditions for conducting space activities in Poland, and in connection with the implementation of the KPO – also issues related to the dissemination of the use of satellite data,
2. one of the 3 strategic goals, according to which the public administration will use satellite data for faster and more effective implementation of its tasks.
Consequently, the purpose of the proposed regulation is:
1. regulation of the rules and conditions for conducting space activities;
2. fulfillment of international obligations incumbent on the Republic of Poland regarding the establishment of KROK and ensuring effective and constant supervision of space activities;
3. regulation of liability for damage caused by a space object, to the extent that this issue is not regulated by the provisions of international agreements;
4. facilitating the use of satellite data by public administration.
The legislator indicates that the proposed act on space activities will regulate: (1) the rules for conducting space activities; (2) conditions and procedure for issuing a permit to conduct space activities; (3) principles and procedures for supervising space activities; (4) rules of liability for damage caused in connection with space activities; (5) principles of conducting KROK; (6) liability for illegal activities of entities conducting space activities on the territory of the Republic of Poland, in the form of administrative fines. Legal solutions are also planned to facilitate the use of satellite data by public administration.
The regulation will apply to activities carried out in the territory of the Republic of Poland, on board a ship or aircraft registered in the Republic of Poland, as well as from the territory of a foreign country or space not subject to state sovereignty by natural persons having Polish citizenship or legal persons/organizational units without legal personality, having registered office in the territory of the Republic of Poland. Therefore, the application of the proposed Act does not exclude the fact that a space object is launched from a launchpad located on the territory of another country, or e.g. the International Space Station (ISS) or another spacecraft, as long as it is carried out at the request of a Polish operator and the object is entered in the KROK.
Space activity within the meaning of the proposed Act may be both economic (economic activity within the meaning of the Act of March 6, 2018 – Entrepreneurs’ Law) and non-economic (e.g. scientific).
Space activities will be able to be carried out only after obtaining a permit granted by the President of the Polish Space Agency. The application template may be specified in a regulation of the minister responsible for economy (optional authorization). The consent of the President of the Polish Space Agency will also be required to change the operator, whether as a result of legal succession or transfer of the permit to another operator. The Act will regulate the grounds for withdrawing a permit.
Space activities should be carried out in a safe manner that does not threaten the essential interests of national security, while limiting, to the greatest extent possible, the risk to human life, property, public security or public health; taking into account the need for long-term sustainable use of outer space for peaceful purposes, eliminating or reducing, to the greatest extent possible, the negative impact on the natural environment of the Earth and in outer space; in accordance with standards or technical conditions, in particular in the interest of the safety of persons and property and the protection of public health and the environment. Therefore, it is planned to issue a regulation of the minister responsible for economy, specifying the technical conditions to be met by space objects, systems and procedures, taking into account international recommendations and practices aimed at eliminating or reducing, to the greatest possible extent, the risk of space debris formation, including disintegration of a space object or collision in orbit, also after the space object becomes inactive or deorbited.
Space activities are perceived not only as ultra-innovative, but also as risky, potentially causing harm. Pursuant to the Outer Space Treaty, international liability for damage caused by a space object lies with the country launching the object. The principles of state liability are regulated in the Convention on Liability for Damage. The proposed act supplements the regulation of liability for damage with the principles of liability of operators whose space objects or activities cause this damage. It introduces the right for the Republic of Poland to submit recourse claims to this operator if the Republic of Poland has paid compensation determined in international proceedings. These claims will be satisfied from compulsory civil liability insurance, the possession of which by the operator will be a condition for obtaining a permit to conduct space activities. It is expected that the Act will include authorization for the Minister of Finance to issue a regulation specifying the detailed scope of insurance, the date when the insurance obligation arises and the minimum guarantee sum of this insurance.
In the case of damage resulting from space activities, caused by a space object registered in KROK, the project assumes the establishment of an ad hoc commission whose purpose will be to investigate the causes of the event causing the damage, regardless of international proceedings.
Pursuant to Art. VI of the Space Treaty, the state launching a space object is obliged to exercise constant supervision over space activities related to this object. In order to implement this obligation, the proposed act will regulate the principles and mode of supervision over space activities.
The provisions of the Act will constitute the legal basis for the creation and operation of KROK, which will fulfill the obligations of the Republic of Poland under the Convention on the Registration of Space Objects. The entity managing KROK will be the President of Polish Space Agency.
The sanction for violating the provisions of the proposed act or the conditions of the granted permit will be administrative fines imposed by the President of Polish Space Agency.
The draft act will regulate the legal situation of space objects launched into space before the date of entry into force of the act, as well as space activities related to them. These facilities will be entered into KROK ex officio, and the space activities of the operators of these facilities will be subject to Polish Space Agency supervision.
The Act will change the statutory tasks of Polish Space Agency, including: by supplementing them with the issuance of permits, supervision of space activities, issues related to the administration of satellite data, as well as promoting the use of satellite data by private companies, e.g. by organizing training for all interested entities.
It is also planned to amend the Code of Administrative Procedure in order to create the basis for wider use of satellite data by public authorities in the course of administrative proceedings by explicitly introducing satellite data as a means of evidence.
