Navigating the varying national regulations of EU member states can be a difficult task for businesses looking to access the European space market, but with the EU's upcoming Space Act, this may be about to change.
A draft of the Space Act is anticipated by the end of June, and is expected to unify the rules under which member states operate, although the extent is unclear. The draft may be framed as an EU regulation (which would directly apply in each member state once adopted) or as an EU directive (which would require member states to implement it locally, and potentially allow more freedom in applying the law to their own preferences).
It also remains unclear exactly how this will impact non-EU companies. The aim of the law would be to reduce the administrative burden of accessing the EU market, but stricter rules in Europe may mean that companies would prefer to relocate to jurisdictions with lower regulations.
Overall, the Space Act is another sign of the EU's ambition to emerge as a key player in the global space economy, as well as reducing reliance on external markets such as the United States.
If you have an interest in entering the European space market, and would like to know how an intellectual property strategy could strengthen your business, please don't hesitate to reach out to our Space Technology team.
While details of the incoming law remain under wraps, legal experts anticipate a move away from voluntary guidance toward binding obligations in key areas such as space sustainability, safety, resilience and security.