Why have a law on space operations?
The French Space Operations Act is part of international space law, which is based in particular on 5 United Nations treaties on outer space :
- Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (1967) – Outer Space Treaty (OST).
- Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (1968)
- Convention on International Liability for Damage Caused by Space Objects (1972)
- Convention on Registration of Objects Launched into Outer Space (1975)
- Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (1984)
The aim of these various agreements and treaties is to establish the main principles governing the activities of States in outer space, such as the principle of peaceful use, non-appropriation, liability in the event of damage caused by a space object, and the authorisation and ongoing monitoring of national activities.
The French Space Operations Act
To comply with the treaties, France adopted the Space Operations Act (FSOA) on 3 June 2008, which came into force on 10 December 2010.
Scope of the authorisation scheme
The following shall obtain prior authorisation:
- Any operator, whatever its nationality, intending to proceed with the launch or return of a space object from or onto the national territory or means or facilities falling under French jurisdiction;
- Any French operator intending to proceed with the launch or return of a space object from or onto the territory of a foreign State or means or facilities under the jurisdiction of a foreign State, or an area that is not subject to the sovereignty of a State;
- Any natural person having French nationality or legal entity whose headquarters are located in France, intending to procure the launch;
- Any French operator intending to command a space object during its stay in outer space;
- But also (FSOA Article 3):
- Any operator intending to transfer control of a space object authorised under the FSOA;
- Any French operator intending to take control of a space object whose launch or control has not been authorised under the FSOA.
The notion of “operator” within the meaning of the FSOA refers to “any natural person or legal entity who conducts a space operation independently and under their own responsibility” (FSOA Article 1).
More generally, the FSOA operator is the one who makes all the decisions relating to the life of the space object (relocation, de-orbiting, etc.), even if it does not carry out these operations itself.
The authorisation request procedure
The operator shall submit a request for authorisation to the Ministry of Space. This request consists of three sections:
- Administrative section: verification of the operator’s moral, financial and professional guarantees.
- Technical section: verification that the systems and procedures put in place by the operator comply with the Technical Regulations.
- Payload description section: verification that the space operation does not compromise national defense interests.
French legal and regulatory framework governing space activities
The following diagram contains clickable links to the relevant texts.
The French legal and regulatory framework governing space activities has undergone numerous changes and updates since the creation of the FSOA in 2008. Its development is traced in more detail on the page “Changes to the French legal and regulatory framework governing space activities over the years”.
Administrative and criminal penalties
Article 11 of the FSOA makes provision for administrative and criminal penalties that apply to a number of situations, such as conducting a space operation without authorisation, an unauthorised transfer, failure to comply with a prescription, etc.
These penalties may be:
- withdrawal or suspension of authorisations/licences,
- a fine of 200,000 euros.
If the purpose or effect of the alleged actions is to harm national defence, the penalties are increased to three years’ imprisonment and a fine of 300,000 euros.