“Changes in Space Law in France” 2002 appraisal report March 2003 Seminar and 2004 follow up

1. “Changes in Space Law in France” 2002 appraisal report March 2003 Seminar and 2004 follow up Project 2001 Plus Workshop "Towards a Harmonised Approach for National Space Legislation in Europe", Berlin, 29/30 January 2004 “Changes in Space Law in France” - 2002 Appraisal report, March 2003 Seminar and 2004 follow up Philippe Clerc (France)

2. Presentation content • Appraisal report on changes in Space law in France (1999-2002) • Introduction • Objectives, Appraisal domain, Approach, Report structure • Principal lessons • Introduction • Public authorisation and surveillance system • Outline for an internal legal framework • Application of the public service concept • Measures relating to the private sector • Seminar « which legal framework for space activities ?” (Paris, National Assembly, 13th March 2003) • Follow up in 2004... “Changes in Space Law in France” - 2002 Appraisal report, March 2003 Seminar and 2004 follow up Philippe Clerc (France)

3. Objectives of the appraisal report (www.recherche.gouv.fr • Clarification of the legal link between the launcher State (F) and the space system operators under its jurisdiction • In broader terms, measurement of the adequation of the existing legal framework • Provision of assessment criteria for the Minister for Space Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

4. Appraisal domain • Space activities (in the strictly in-space sense) placed under our authority • Launch service, space system "operation" • Certain unique services supplied from space • Earth observation, positioning, navigation, etc. • Related and subsidiary questions • Frequencies, telecommunications law Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

5. Appraisal report approach • Consultation, inventory, comparisons, potential options ( proposed text) • 4 sectoral task forces (mid-99 to end 2000) • Launch services • Earth observation • Radio communications • Ownership and guarantee as relating to objects in space • Summary and drafting of report in 2001 • Appraisal report completed in 2002 Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

6. Report structure • General measures • Public assignments • Authorisation, surveillance, responsibility, registration, franchise (cf. public service) • Market development • Contractual responsibility, intellectual property, ownership and guarantee, market access, tax aspects • Specific measures • Launch services, Earth observation, Radio communications (task force reports) Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

7. Principal lessons (I): introduction • Issues addressed > space law and sectoral legal needs • International relations, construction of Europe, competitiveness of industry, development of applications, security and defense, national attraction, ethical aspects, etc. • Sovereignty, Space Power • Existing framework acceptable for current programmes, but requires rethinking for future, and in particular private sytems Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

8. Principal lessons (II): Need for a public authorisation and surveillance system • / Responsibilities and liabilities of the State • Licence obligation (who for and for what ?), listing of objects and debris, recursive action of the State • / Registration conditions and impacts • Procedure, list of information, ownership and guarantees, patents, modification, launches in other countries, licences/services, transparent access/confidentiality, duties and taxes, sanctions for default, impacts, etc. Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

9. Principal lessons (III) : outline for an internal legal framework (1) • Applicability • Functionalist definition of space activities • Assessment of applications beyond "national" level (ESA, Eutelsat, Arianespace) and extra-territoriality (Starsem, Jason, etc.) Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

10. Outline for an internal legal framework (2) • Practical criteria • Inherant qualities of the applicant • Legal status, expertise, technical resources, solvency, background, etc. • Nature of the activity • Technical criteria (certification), defence aspects, risk level/State responsibility, receivability/other authorisations required, duties and taxes Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

11. Outline for an internal legal framework (3) • Approval authority • / Authorisation, certification, registration • Surveillance authority • Launch safety, orbit station acquisition and station-keeping security, fall-back tracking, space surveillance • Civil/defense coordination, Europeanisation of resources Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

12. Principal lessons (VI) : Application of the public service concept? (1) • Unique systems • EO, navigation: not defined as "public" (e.g. defence, meteorology, science, etc.) or "private" (telecommunications, TV broadcasting, etc.) • Common characteristics • Public investment funding, operation, + enhancement (where appropriate), by private law structure (majority Cal. public or not), agreement between public investor and operator/exclusivity (in some cases world-wide) Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

13. Application of the public service concept? (2) • Attraction of the notion • Application of the law of competition or not, continuity of systems (probatory/recurrent) • Typology • Appraisal conducted by Bertrand du Marais • Activities : purely competitive, regulated competition, clearly public service, administrative police function • Conclusions of GT 3, by Jean-Claude Lummaux • Private or commercial systems (private investment) – Public systems funded by the State for reasons of general interest, with operation by a public or private entity Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

14. Application of the public service concept? (3) • Solution pointers • Independent question of space law, implications > space sector: no requirement for specific system for this sector • Distinction at public authority level: shareholder management (application of company law) – franchisor function (cf. ad hoc agreement concluded with operator) • Distinction at operator level: activity franchised (public service assignment )/ inherant value added • Integration of this question as from programme preparation stage (definition – development phases), including Earth observation and navigation in particular • Systematic consideration of European law and defence and security aspects Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

15. Principal lessons (IX) : Measures relating to the private sector (1) • Contractual responsibility: explicit validation, non-recourse clause and mutual guarantee pacts • Damage responsibility ceiling for launch operators/Launcher State (F)/Third-party victim State(s) • Insurance of satellites in orbit • Tax aspects : legibility, reciprocity Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

16. Principal lessons (X) : Measures relating to the private sector (2) • Intellectual property • Patents:/space invention,/ space systems in flight, or in transit (excepting temporary presence), French jurisdiction • Ownership and guarantees • Satellite = correctly registered, Unidroit system/F, associated rights Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

17. Appraisal report recommendation • Need for a licence system • Partial adaptation of private law • Consideration of rules of public service • Earth observation (recurrent systems), Navigation • Specify the role of CNES in the legal mechanism • In more systematic terms, adoption of a European point of view and consideration of security and defence aspects Main aspects of the MRNT "Changes in space law in France" 2003 appraisal report

18. Seminar « Which legal framework for space activities?” (1)(Paris, National Assembly, 13th March 2003) • Objectives of the seminar • to emphasise the study by a broader debate • From French issues to European and international consideration • From Space actors to others (Government, Parliament, Industry, Frequency and Telecommunication, Users, Citizen…) • Introduction by Claudie Haigneré, Minister for Research (and Space activities) Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003

19. Seminar « Which legal framework for space activities ?” (2)(Paris, National Assembly, 13th March 2003) • 4 round tables: • 1 - “Situation of the international, European and national legal environment” - Chairman, Judge G. Guillaume: • A. Pompidou - UNESCO/Ethics, S. Marchisio UN, F. Supplisson - WMO, L. Rapp - Existing Space law • 2 - “National and European perspectives” - Chairman, Senator H. Revol : • B. Schmidt-tedd - Legislation in preparation (Project 2001 Conclusions...), P de Bayser - Industry expectations, Y. Gaudemet - ESA/EU relations Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003

20. Seminar « Which legal framework for space activities ?” (3)(Paris, National Assembly, 13th March 2003) • 3° Round table - “Follow up to the appraisal report?” - Chairman, Prof. A. Lebeau : • P. Clerc - main aspects of The MRNT report, A. Kerrest - Guidelines for an authorisation and control national regime on space activities, G taillefer - Frequency and orbital position issues, A. de Fontmichel - Financing and securities on Space objets, P. Munier - Data policy stakes Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003

21. Seminar « Which legal framework for space activities ?” (4)(Paris, National Assembly, 13th March 2003) • 4° Round table - “State responsibilities and space business” - S. Janichewski - Chairman : • B. Du Marais - Space activities and Public service concept, J-Y Le Gall - operator’s focus on Launching State, S. Chapron - Space insurance and State responsibilities, A. Rodota - European Stakes • Closing speech by the Ministry: J. Serris - Technology directorate Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003

22. Seminar « Which legal framework for space activities ?” (5)(Paris, National Assembly, 13th March 2003) • Conclusions: Guidelines from the Ministry • Necessity to elaborate in France a domestic legal framework for space activities • Consideration of the Defence aspects (dual programs, PFI, data policy) • Strengthened role for CNES in the legal mechanism • Needs for an harmonised European consultation between UE, ESA and their respective State Members Seminar « Which legal framework for space activities?” Paris, National Assembly, 13th March 2003

23. Follow up (2003- 2004…) • Seminar minutes published on 15th October 2003 (www.recherche.gouv.fr) • 2003-2004 inter-departmental consultation to prepare the Prime minister’s order to the Conseil d’Etat for proposing a legal text by the end of 2004