The Agency’s Role in Reforming Space Activities Regulation
The Portuguese Space Agency played a crucial role in revising the Space Activities Regulation. With the publication of the new regulation, greater clarity and legal certainty are guaranteed, in line with the objectives of the National Strategy for Space.
The Portuguese Space Agency, as the competent authority for the development of the Portuguese space sector and for promoting the national space strategy – Portugal Space 2030, took on a central role in the technical support and drafting of the diploma that revises the regime for access to and exercise of space activities, Decree-Law No. 20/2024, published earlier this year on 2 February (revising Decree-Law No. 16/2019, of 22 January, “DLAE”).
With the publication of the diploma, it also became necessary to amend the regulation on access to and exercise of space activities, Regulation no. 697/2019, of September 5th. The review procedure was initiated by decision of the Space Authority on May 20th, 2024.
The Portuguese Space Agency has a good understanding of the legislator’s intention with the revision, has in-depth knowledge of both international best practices and the needs of the national space sector, as well as how the legal and regulatory framework can respond to them. Therefore, the Agency submitted a set of comments during the public consultation, aiming to ensure that the regulation was made with the necessary details for everyone to understand the applicable rules and, therefore, legal certainty and impartiality in its application. A contribution in line with the legislator’s objectives, which seeks to promote private space activity in the country.
The Portuguese Space Agency’s contribution is available on ANACOM‘s website and the Agency’s website.
The core objective of the revision of the regulation was to adjust the procedure for awarding licences for launch centre operations and the criteria for assessing the conditions for awarding them, as set out in the DLAE, and this matter is dealt with in articles 32-A to 32-M now added. To sum up, it regulates matters relating to the elements to be submitted, safety requirements, the link that needs to be made with other permits and authorisations to be issued by the entities that are necessary depending on the location and the operation to be carried out, the administrative procedure, the rights and duties of a launch centre operating licence holder and the duration of the licence (15 years, renewable), among others.
At the same time, there were a number of necessary adjustments, some resulting directly from the revision of the DLAE, for example concerning the new types of licences for space operations, and others from the need to introduce some clarity, innovation or adjustments, also resulting from the experience gained in the meantime.
These include i) the introduction of a new section on detailed and well-founded safety plans, which ensure that the risks are as low as reasonably practicable, and the removal of references to other regulatory systems, ii) greater clarity regarding the entry into force and duration of licences, iii) a better distinction between the elements required for a launch and return operation for launchers or return vehicles and for the launch and return of space objects that are payloads, iv) notification to the Autonomous Regions of the award and transfer of the licence, v) systems and processes for controlling the command and control operation and vi) specifications regarding the elements to be submitted for registration and the respective deadlines.
With the publication of the Regulation on Access to and Exercise of Space Activities, operated by Regulation 1206-A/2024 of October 21st, the revision of the national regulatory framework applicable to space activities, including launch centres, is complete.
