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EU space law

In “A new plan for Europe's sustainable prosperity and competitiveness”

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In her letter of intent of 13 September 2023 to the President of the European Parliament, and to the Presidency of the Council of the EU, the President of the Commission Ursula von der Leyen included a proposal on EU space law as one of her key initiatives for 2024. In the Commission work programme 2024 published on 17 October 2023, the Commission announces the adoption of a legislative initiative, to be adopted during the first quarter of 2024. The proposed EU space law will set rules on space traffic management, and will provide a framework to ensure the safety of the critical space infrastructure.

This initiative is expected to provide a common framework for security, safety, and sustainability in space, that would ensure a consistent and EU-wide approach.

The opportunity to table a legislative act has been assessed, and raised by the Commission at several occasions since 2019:

  • with the joint communication of 15 February 2022 on an EU Approach for Space Traffic Management An EU contribution addressing a global challenge, the Commission noted that the significant increase of traffic to and from space, and of the number of satellites in the different orbits, and the necessity to avoid the generation of debris compels to impose certain obligations to every satellite operator.
  • with the joint communication of 10 March 2023 on an EU space strategy for security and defence, to enhance the level of security and resilience of space operations and services in the EU, as well as their safety and sustainability, the Commission will consider proposing an EU space law, to encourage the development of resilience measures in the EU, foster information-exchange on incidents as well as cross-border coordination and cooperation.

On 9 April 2024, during his hearing by the Parliament committee on industry, transport, research and energy (ITRE), Commissioner Thierry Breton mentioned that the publication of the legislative proposal for a space law might be postponed to be released later in 2024.  

On 17 September 2024, the mission letter assigned to Commissioner designate for Defence and Space, Andrius Kubilius, invites him to lead the work on the preparation of the proposal for a EU space law, which should introduce common EU standards and rules for EU space activities, as well as harmonising licensing requirements. 

During his hearing, Commissioner Kubilius announced that the new Commission is planning to publish a proposal for a regulation on a EU single market for space in 2025. It will be based on safety, security and sustainability requirements.

The Commission work programme 2025 mentions the publication of the proposal for the second quarter of 2025.

The Commission published its proposal on 25 June 2025.

The impact assessment report outlines four policy options: option 1, option 2, option 2+ and option 2++. All four options are underpinned by a legislative proposal. Option 1 would rely on co-regulation where the proposal would essential set a governance framework and the definition of minimum targets on safety, sustainability and resilience. Then, the proposal would mandate space industry bodies  to develop the technical application of these requirements. The bodies would develop and adopt a series of non-binding measures. Option 2, Option 2+ and Option 2++ rely on the contrary on the inclusion of binding provisions on safety, sustainability and resilience in the proposal. While option 2 would provide only for binding measures (which requirements would be checked by national licencing authorities), Option 2+ would include provide also for the development of non-binding measures (e.g. labels). Option 2++ would correspond either to Option 2 or Option 2+, complemented with a set of bilateral international agreements to facilitate regulatory convergence with like-minded partners, on the ground of Article 218 TFEU. Option 2+ was selected.

The legal basis identified is Article 114 TFEU on the approximation of laws to ensure the functioning of the internal market. Article 189 TFEU on the European space policy explicitly excludes harmonising Member States space legislation from its scope.

Article 1 on subject matters provides for the regulation to lay down rules on :

a) the authorisation, registration and supervision of space activities and services carried out by space services providers established in the Union, and outside the Union when such services or space-based data are provided in the Union;

b) orbit traffic management rules;

c) a governance and enforcement framework;

d) the establishment of a Union space label. 

Article 2 on the scope specifies that the proposal does not apply to space assets launched before 1 January 2030, nor to space objects exclusively used for defence or national security purposes. 

Article 3 on free movement guarantees the smooth flowing of space services and space-based data across the single market by services providers registered in the Union. However, Member States retain the capacity to require stricter safety, sustainability or resilience requirements. 

Title II on the authorisation and registration for space activities entails specific schemes for the Union space operators, the Union space operators operating Union owned assets (URSO), and the space services providers from Third Countries and international organisations.

Title III sets out a governance framework, which includes the appointment by each Member State of an authority in charge of authorising and supervising space activities. 

Title IV of the proposal on technical requirements lays down the rules on safety, sustainability and resilience. 

In the Parliament, the file has been referred to the ITRE committee, which has appointed its rapporteur, E. Donazzan (ECR, IT). 

References:

Author: Clement Evroux, Members' Research Service, legislative-train@europarl.europa.eu 

As of 24/10/2025.