TENYEARS OF SPACELAW IN FRANCE
Prof. Philippe Achilleas
Director of IDEST andMaster in Space & Telecommunications Law
University Paris Saclay

Outline
Introduction
I. Law of space operationsII.

Law of satellite applications

Introduction
A. Institutional framework
B. Economic framework
C. Sources of space law

A. Institutional framework
1. CNES
2. Others1. CNES Created in 1961 by General de Gaulle “Etablissement public à caractère industriel etcommercial” ( EPIC ) Joint supervision of the Ministries of Research andDefense Mission : develop, propose to the Government andimplement the national space strategy
 Budget : 2334 million € (2017) incl. the share paid tothe ESA (833 million €) – 35 euros per inhabitant2. Others
Ministry of Research and Higher EducationCommandement interarmées de l’espace (CIE) /Space Joint Command

Agence nationale des fréquences (ANFr) /National frequency agency

Autorité de régulation des postes et descommunications électroniques (ARCEP) / Posts& Telecom Regulatory AuthorityConseil supérieur de l’audiovisuel (CSA) / French
Broadcasting Authority

B. Economic framework

Major world space industry companiesLeading space service providers

B. Economic framework
European space launch site

C. Sources of space law
1. International law
2. National law

1. International law
 Ratification ofOuter space treaty - OST (1967)
Rescue agreement (1968)
Liability convention (1972)
Registration convention (1975)

 Signature ofMoon agreement (1979)

 Member of

COPUOS, ITU (ITU-R)
ESA, Eumetsat, Intelsat, Eutelsat, Inmarsat

2. National law
Space law
 Act n° 61-1382 establishing the National Centre forSpace Studies (1961)
 Act n° 2008-518 on space operations (2008) / LOS (Loirelative aux opérations spatiales) Decree No 2009-643 on authorizations issued (2009) Order on technical regulations (2011)

Telecommunications law (including space telecom) Code on Posts and Electonic communications
 EU directives on telecoms market regulation (2002,2009, 2015)

Broadcasting law (including satellite broadcasting) Broadcasting Act n° 82-652 (1992)
 EU Directive on audiovisual medias (2010)

I. Law of space operations
Introduction
A. Authorization
B. Control
C. Registration
D. Liability
E. Sanctions

Introduction
Interaction international space law / French space law
Principle

International law

French law

Authorization

OST, Art. VI

LOS, Art 2 - 6

Control

OST, Art. VIII

LOS, Art. 7 - 11

Registration

OST, Art. VIII
Registration Convention

LOS, Art. 12

Liability

OST, Art. VII
Liability convention

LOS, Art. 13-15

OST : Outer Space Treaty
LOS : Loi relative aux opérations spatiales / Act on space operations

A. Authorization

1. Operations subject to authorization
2. Procedure of issue of authorization
3. Obligations associated to authorization

1. Operations subject to authorization(LOS, Art. 2)
launch by Any operator, whatever its nationality
 from the French territory or using resources or facilities under French jurisdictionFrench operator
 from the territory of a foreign State or a territory notsubject to the jurisdiction of a State or Using resources or facilities under the jurisdiction ofa foreign State1. Operations subject to authorization(LOS, Art. 2)
Return by any operator, whatever its nationality
 in the French territory using resources or facilities under French jurisdiction

Any French operator
 in the territory of a foreign state, or a territory not
subject to the jurisdiction of a State using resources or facilities under the jurisdiction ofa foreign State1. Operations subject to authorization(LOS, Art. 2)
Control of a space object in outer space by a French
person Transfer to a third party of the control of a space object
authorized under the LOS (LOS, Art. 3)
 Take of control by a French operator of a space object
whose launch or control was not authorized under the LOS(LOS, Art. 3)

1. Operations subject to authorization(LOS, Art. 2)
Control of a space object in outer space by a French
person Transfer to a third party of the control of a space object
authorized under the LOS (LOS, Art. 3)
 Take of control by a French operator of a space object
whose launch or control was not authorized under the LOS(LOS, Art. 3)

1. Operations subject to authorization

 Exclusion
 launching and guiding, for the purposes of national
defense, engines whose trajectory crosses outer space,including ballistic missiles (LOS art. 26)
 Spacecrafts operated by CNES as part of a publicmission

2. Procedure (LOS, Art. 4)
 Authorization issued by the Ministry of Researchand Higher Education…
 …after verification by CNES of the applicant’s legal , financial and professional guarantees
 compliance with the technical regulations
enacted2. Procedure (LOS, Art. 4)
 Authorization can’t be granted when theoperations planned, are likely to jeopardize : the interests of national defense or the compliance by France with its international
commitments3. Obligations associated to theauthorization (LOS, Art. 5)
 Conditions set forth in the interest of the safety of persons and property
 the protection of public health and theenvironment, especially in order to limit the risks
space debris
 national defense
 the compliance by France with its internationalcommitments3. Obligations associated to theauthorization (LOS, Art. 6)
 Financial guaranties : insurance coverage or other financialguaranties
 to cover the risk of having to compensate apotential damage caused to third parties in thespace operation

 amounting to 60,000 €List of operators authorizedOperators authorized : Arianespace, Eutelsat, Globalstar,
University of Montpellier 2, Airbus Defense & Space,Thales Alenia SpaceSatellites operated by CNES, excluded from theapplication of the authorization regime pursuant to Article
27 of the LOS, have received authorization from theCNES President, on the basis of a control of similar to theone for satellites authorized by the Ministry of research

Vega launches in the qualification phase (the first threelaunches), operated by ESA and not by Arianespace, havereceived a certificate of compliance from CNES under anagreement between CNES and ESA - (the LOS is not
automatically applicable to ESA)B. Control

1. Verification of compliance with the obligations ofthe authorization
2. Safety

1. Verification (LOS, Article 7)
 Controls may be decided by
 CNES Ministry of Research and Higher Education
 Ministry of Defense Ministry of Environment

1. Verification (LOS, Article 7)
 The visit shall be authorized by order of the judgeof freedoms and detention
 Agents have access at all times to institutions and installations where space
operations are performed
 space objects
 any relevant documents
 The licensee is informed and may be assisted byany person of his choice, or be represented

2. Safety (LOS, Art. 8)
 CNES and governmental officers may at any time
impose any measures they consider necessary
regarding the launch or control of a space object
in the interest of the safety of persons andproperty and the protection of public health andthe environment
 Prior consultation of the operator, except in cases
where an immediate hazard exists

C. Registration (LOS, Art. 12)
 In accordance with the provisions of the 1975
Registration Convention : CNES is responsible for the national registry The Ministry of foreign affairs is responsible forthe information to be sent to UN Secretarygeneral

D. Liability
1. Liability in respect of third parties
2. Liability in respect of persons involved in theoperation space1. Liability in respect of third parties

a. Liability of the operator
b. Right of recourse against the operatorc. Right to State guarantee

a. Liability of the operator (LOS, Art. 13)

 The operator is solely responsible for damages
caused to third parties due to space operations
 Absolute liability for damages on Earth or in theairspace Fault-based liability for damages in outer space /exception : fault of the victim

a. Liability of the operator (LOS, Art. 13)
 Except in cases of willful misconduct , the liabilityends
 when all the obligations of the authorization
are satisfied or, at the latest one year after the date on whichthese obligations have been met
 The French government replaces the operator
for damage occurring after this period

b. Right of recourse (LOS, Art. 14)
 Rule : where, under the provisions of 1967 OuterSpace Treaty or the 1972 liability Convention, theFrench government has repaired a damage, hemay exercise a right of recourse against theoperator responsible for the damage which led tothe international responsibility of France

c. Right to State guarantee (LOS, Art. 15)
 Rule : When a operator has been ordered tocompensate a third party for a damage caused by aspace object, it shall benefit from the State guarantee
beyond the ceiling of € 60,000
 Condition : the operation was conducted from theterritory of France or another EU member or frommeans or facilities under the jurisdiction of France oranother EU member Exception : willful misconduct of the operator

2. Liability in respect of persons involvedin the operation space (LOS, Art. 20-21)
 Cross waiver liability principle
 In case of multiple participants to a space
operation or to the production of a space object,
the liability of one of the participants can not besought by another participant for a damage
caused to a third party or to one of the participants Exception : willful misconduct

E. Sanctions and penalties (LOS, Art. 9-11)

 Authorizations may be revoked or suspended
 for failure of the holder to fulfill its obligations or if the operations for which they were solicited
appear likely to jeopardize the interests ofnational defense or compliance by France with
its international commitments

E. Sanctions and penalties (LOS, Art. 9-11)
 Shall be punishable by a fine of 200,000 € any person carrying on a space opearation withoutauthorization
 the continuation of a space operation in breach ofan action or a decision to stop or suspend theactivity
 the continuation of space operation withoutcomplying with a notice to comply with aprescription
 Any obstruction to inspections

II. Law of space Applications

A. Earth observation
B. Satellite telecommunications
C. Satellite broadcastingA. Earth observation
 LOS, Art. 23 – 25
Declaration to enter the market : Any data provider at a primarystage has to make a prior declaration to the Secrétariat général dela défense et de la sécurité nationale (SGDSN)The French legislation only deals with activities carried on in
France by French or foreign persons
 Exceptions
 Data originated from military satellites or collected on behalfof Ministry of Defense are excluded from the scope of the lawsince they are subject to direct governmental control (Art. 27)
 Data collected by CNES for its public service missions

A. Earth observation
 SGDSN shall control that the operator does not interferewith the fundamental interest of the nation and impose
restrictions
 Temporary comprehensive or partial immediate suspension ofdata collection/distribution
 Temporary obligation to defer data collection/distribution
 Permanent data collection/distribution ban
 Limitation of the quality of data Geographical limitation zones shots A person declared not complying with any data restriction
imposed is sanctioned by a fine of 200,000 euros

B. Satellite telcommunications
1. Use of « spectrum-orbit » resource
2. Provision space telecommunications
networks and services

1. Use of « spectrum-orbit » resource French Code on Posts and Telecommunications
 ANFr is responsible for the international coordinationof the use of frequencies/orbits at ITU
 After coordination,(authorization)

ANFr

issuesassignment

 The person requesting authorization has to prove
his/her capacity to control the entire system’s stations
in order to react in case of harmful interference1. Use of « spectrum-orbit » resource Grounds that may be used for refusing theauthorization:
 protection of public order incompatibility of the request with France's
international obligations relating to radiocoms
 potential interferences with existing systems
coordinated through ITU by France The authorization is null and void if the use offrequencies is incompatible with future coordinationagreements

1. Use of « spectrum-orbit » resource 3 categories of assignment
 Private operators or manufacturers: Eutelsat,Airbus, Thales, O3b, OneWeb, Echostar (11assignements)…
 Governemental operators: Army, CNES, ...
Intergovernmental organizations: Eutelsat IGO,Galileo, ESA, ...

1. Use of « spectrum-orbit » resource General declaration to ARCEP Special authorisation to use spectrum to operate
ground stations
 Compliance with French and European
Telecommunications law and competition law
 Consequence : privatization of Eutelsat in 2001

C. Satellite broadcasting
C. Satellite broadcasting
1. Provision of satellite broadcasting
servicies
2. Obligations regarding content

1. Provision of satellite broadcasting services

 1982 Broadcasting Act
 Free satellite broadcasting over Europe
 Authorization issued by CSA for broadcasters established in France
 Foreign broadcasters uplinked to satellites by Frenchoperators
 Foreign broadcasters broadcasted via French satellites
 Authorization is valid for all European States (singleAuthorization)

2. Obligations regarding content

 Protection of minors and human dignity
 Protection of cultural diversity (50% of Europeanworks)
 Compliance with European rules on advertising,sponsoring and teleshopping Free-to-air access to major sports eventsありがとうございました
Merci