Space & Satellite quarterly Bulletin
January 2021
Welcome to this month's International Space and Satellite Bulletin covering developments from September 2020 to early January 2021.
In this edition, we cover: Europe
The latest developments of the French Space Military Command EU institutions reach agreement on an ambitious 14.8 billion space programme which will boost
Europe's competitiveness EU-UK Trade and Cooperation Agreement: consequences on UK involvement in the EU Space
programmes UK increases military budget for space activities and proposes the creation of a Space Command Key highlights of the new Italian Space Strategy The National Space Plan set out by Czech Republic for the period 2020-2025 Hungary is in the process of establishing its new Space Strategy The Slovak Republic prepares a space law
Australia
Overview of the recent ambitious initiatives initiated by the Australian Space Agency
Asia and Middle East
China: revised Catalogue of Technologies Prohibited and Restricted from Export covering Beidou Satellite Navigation System
KSA's latest initiatives to boost space activities The UAE's historic Mars mission is on track
Europe
France Latest developments of the French Space Military Command
The defence sector has always been at the forefront of technological developments: national Air Forces were created in most countries at the beginning of the 20th Century, soon after the first flight of an heavier-than-air machine by the Wright Brothers, and just before WWI.
Severalnations (including the United States, which created the United States Space Force in 2019, the UK (see below) and Italy) now consider that space should become a separate military command.
On 11 September 2020, the French Air Force has become the French "Air and Space Force". This name change has been accompanied by a modification of the logoof the Air Force and by the implementation of a new organisation of the Ministry of Defence (MoD).
The creation of a Space Military Command has been initiated to react to severalhostile actions in space recorded in the recent years, from the destruction of a satellite with a ballisticmissile to the unfriendly approach of a French satellite by a space object of another country.
Space will not become the next battlefield
France, as most of the nations of the world, has ratified the Outer Space Treaty which provides that it shallcarry on activities in the exploration and use of outer space in the interest of maintaining international peace and that the Moon and other celestialbodies shall be used exclusively for peaceful purposes.
However, taking into account the centralrole of space in allhuman and economic activities, whether civilor military (data, GPS, telecommunications, earth observation, etc.) and the new perspectives that New Space is offering, France has decided to recognise space as a domain of its own right with the same status as the other domains (land, sea, air),
with a single chain of command and strategic autonomy.
The new Space Military command aims to respond to new threats that could compromise the nationalfreedom of access and action in space:cyber threats, electromagnetic jamming, kinetic(anti-satellites missiles) or more conve ntional threats.
Organisation of the Space Military Command
The new Space Military Command is an organisation of the Air and Space Force but receives its directives from the Chief of Staff of the Armed Forces. It will be organised around four pillars, in close coordination with the CNES, the French space agency:
Space service support; Space situational awareness; Operations support; and Active space defence.
The MoD is planning to assign 500 military and civil personnel to the Space Military Command. Its roadmap willinclude a fist space military drill, the creation of Space Lab, an incubator to foster innovation and the strengthening of inte rnational coope ration.
Together with the United States, which created the United States Space Force in 2019, France and other European countries including the UK (see below)and Italy (which is alsoworking on the establishment of a similar organisation)are paving the way for the creation of Space Military Commands.
Jean-Claude Vecchiatto
Partner, Paris
Tel: +33 1 42 68 60 70
je a n -cl a u d e .ve cchi [email protected] i rd s.com
EU
EU institutions reach agreement on an ambitious 14.8 billion space programme which will boost Europe's competitiveness
End of December 2020, EUinstitutions (i.e. the EU Council, the European Parliament and the Commission) reached a politicalagreement on the proposed regulation establishing the next EU space programme for the years 2021 to 2027. Stars have aligned to ensure the launch of the programme early 2021 which is aimed at allowing the EU to play a stronger role in the space sector globally.
A budget of 14.8 billion has been set aside for the programme. The 27-nation bloc agreed 9.01 billion for Galileo, Europe satellite navigation system, and the European Geostationary Navigation Overlay Service (EGNOS) which supplements Galileo's observations by double-checking the accuracy of its positioning data. 5.42 billion are dedicated to EU's earth observation programme Copernicus.
The remaining 442 million will be split between GovSatCom, a programme aimed at providing secure satellite communications for EU member states, and on European space situational awareness (SSA) initiatives.
This budget willprovide commercial opportunities for European space companies reflected in contracts for the construction and launch of satellites, R&D, etc.
The new regulation streamlines the existing EU legal framework applicable to space and standardises security. It also contains rules to ensure high-quality, up-to-date and secure space-related data and services so that greater socio-economic benefits are generated from the use of such data and services.
The regulation establishes a new EU Agency for the Space Programme which replaces and succeeds the European GNSS Agency which has been managing Galileo. The new Agency will benefit from an increased staff and continue to be based in Czech Republic. Its competences will be expanded as it willnow be managing or coordinating the other EUprogrammes (Copernicus, EGNOS, etc.) and will increasingly support the exploitation and market uptake of EU space activities. It will closely work with ESA which will remain a major partner in the technical implementation of the EU space programme.
This ambitious regulation reaffirms EU's commitment to the space sector, appreciating how essentialspace is to economy, employment and innovation.
Willy Mikalef
Senior Associate, Paris
Tel: + 33 1 42 68 63 49
wi l l y.mi k al [email protected] irds.com
EU-UK Trade and Cooperation Agreement: consequences on UK involvement in the EU Space programmes
After intensive negotiations, the European Commission and the United Kingdom reached an agreement on the terms of their future cooperation on 24 December 2020. This agreement triggers significant changes to UK access to services under EU Space Programmes.
End of UK participation in Galileo, EGNOS and EUSST programmes
The UK will no longer participate in the European satellite navigation programmes Galileo and Egnos. This means that the UK will not:
use Galileo for defence or critical national infrastructure
have access to the encrypted Galileo Public Regulated Service
be able to play any part in the development of Galileo
be able to play any part in the development of EGNOS
be able to use the EGNOS Safety of Life (SoL) service and EGNOS Working Agreements (EWAs), which willno longer be recognised by the EU
be able to access or use EGNOS Data Access Service (EDAS)
Another consequence is that UK-based businesses, academics and researchers will not be able to bid for futureEUGNSScontracts and may face difficulty carrying out and completing existing contracts.
For the publicand most UK, EU and other satellite navigation users, there should be no noticeable impact from 1 January 2021. Devices that currently use Galileoand EGNOS, such as smartphones, will continue to be able to do so.
Additionally, the UK willno longer participate in the EU Space Surveillance and Tracking (EUSST) programme. The UK willhowever continue to have access to EUSSTservices as a third party country.
The UK will still participate in Copernicus
However, the UK agreed in principle to continue to participate in the Copernicus component of the EU Space Programme as a third country for 2021-27. The UK will confirm early 2021 its participation after finalization of the new EU Space Regulation. In this scenario, UK-based businesses, academics and researchers will be able to bid for future Copernicus contracts tendered through the EU. UK users willalsobe able to access most of the Copernicus data and services as now.
UK membership to ESA not affected
The UK's membership of the European Space Agency (ESA) is not affected by leaving the EU as it is not an EU organisation. The UK will thus continue to be able to bid for ESA programmes.
Willy Mikalef
Senior Associate, Paris
Tel: + 33 1 42 68 63 49
wi l l y.mi k al [email protected] irds.com
Nicholas Puschman
Associate, London
Tel: + 44 20 3017 6858
n i ch ol a s.p usch man @twob ir ds.com
United Kingdom
UK increases military budget for space activities and proposes the creation of a Space Command
Space has long been recognised as a potential domain of warfare indeed, it was one of the major motivating factors in establishing the international legal framework for space activities in the form of the Outer Space Treaty 1967. Space continues to be viewed as an area of strategic importance for military capability, and satellites are increasingly viewed as essentialcomponents of criticalcommunications for military and defence purposes. In recent years, many space-faring countries and international organisations have made clear the importance of space and space technology to their current and future defence.
At an international level, in 2019, space was recognised by NATO as the latest operational domain (along with air, land, sea and cyberspace) and adopted a new space policy. In October, NATO announced that it would establish a centre for space operations at Ramstein airbase in Germany to increase deterrence and defence.
At a national level, while many countries have long had space-related functions within existing military branches, countries such as the US and France, as two examples, have recently established new military branches to clearly demonstrate the strategic and military importance of space. In 2019, the US established an independent military branch dedicated to space defence, named the US Space Force. In the same year, France formed a new Space Command (Commandement de l'Espace), which supersedes the previous French military service dealing with space.
The UK announces the establishment of a new military command dedicated to space
On 18 November 2020, the UK announced its proposal to establish a new military command dedicated to space, similar tothe recent moves taken
by allied countries such as France and the US. The proposal of a new Royal Air Force (RAF) space command was part of an announcement by the UK Government of the largest defence budget since the Cold War of 16.5 billion over the next four years.
This announcement is in the continuity of the UK's national defencestrategy
While a new military branch is new, the UK Government has in recent years been considering how to develop its capabilities in using space technology and ensuring that space is part of its national defence strategy. In 2019, the UK Ministry of Defence announced several new military space initiatives and published plans for a Defence Space Strategy, noting that "satellites and space-based services are vital to modern life" and that "there would be severe consequences from any disruption, whether by natural or man-made hazards, or intentional threats from hostile states".
Details to come
The full details of how this new UK space command will be composed, and what it will do, remain to be seen. However this recent announcement, and the potential opportunities of a new military command, will likely be of interest to industry players, and in particular those involved in the UK spaceport market (see here for Bird & Bird's analysis of the UK's recent regulatory developments in relation to commercial spaceflight and spaceports, such as those being established in Scotland). Indeed, in announcing the new defence budget, Prime Minister Boris Johnson stated that "we will establish...a new RAF space command, launching British satellites and our first rocket from Scotland in 2022."
Nicholas Puschman
Associate, London
Tel: + 44 20 3017 6858
n i ch ol a s.p usch man @twob ir ds.com
Italy
Key highlights of the new Italian Space Strategy
As foreseen in the 2019 Government Report to the Parliament on the national activities carried out and the results achieved in the space and aerospace sector, the last couple of months have been crucialto define the Italian space strategy for the next decade. The Strategic Document of National Space Policy and the Document on the Strategic Space vision, have identified the areas on which the Italian space actors, active both in the private and public sectors, should focus their efforts from now until2029 i.e.:
telecommunications and Earth observation;
study of the universe; access to space (by means of the Vega
rocket, in particular); sub-orbital flights and stratospheric
platforms; in-orbit servicing; robotic exploration of the moon.
To this end, the objective is to have a dedicated industrial policy aimed at supporting new technology supply chains and a specific
program to attract financial capitals covering the entire supply chain, from satellites to downstream services. In practice, this has already led the European Space Agency and the Italian Space Agency to the conclusion of two agreements worth 167 million in the framework of the Space Rider mission. From an economic and industrial point of view, the future of the space economy also depends on the development of small and medium-sized enterprises and start-ups. In order to support investments and the commercial development of the entire space technology sector, clear rules are expected.
Federico Marini Balestra
Partner, Roma
Tel: + 39 066 966 7006 [email protected]
Lucia Antonazzi
Associate, Roma
Tel: + 39 066 966 7009 l u ci a .a n ton azzi @twob ir ds.com
Czech Republic
The National Space Plan 2020-2025
Czech Government approved on 14 October 2019 The National Space Plan 2020-2025 (available here). The Plan represents the strategy in the further development of capacities and capabilities of its industry and academia in the space activities ensuring their competitiveness and maximising the return of the public investment in space activities and related areas, to increase well-being of the citizens of the Czech Republic. It also represents the policy of the Czech Republic to play a highly visible role within the international community in space and related areas and to increase the influence of the Czech Republic on the European and global stage.
In the next six years, the Czech Republic, as a member of the European Space Agency (ESA), will spend 1.53 billion CZK a year on space programmes to strengthen the Czech Republic's participation in programmes. This amount is 275 million CZK more than the Czech Republic has invested in ESA so far. ESA programmes are the main instrument for the development of the Czech space industry and scientific excellence in space science.
Vojtech Chloupek
Partner, Prague
Tel: +42 0226 030 518 Vojte ch .Ch l ou p e [email protected] i rd s.com
Hungary
Hungary is in the process of establishing its new Space Strategy
The former Hungarian Space Strategy will come to an end in 2020. The Hungarian Government is working on the new Space Strategy which will have ambitious goals. The minister responsible for space matters said that Hungary's mission is to send a Hungarian astronaut to the International Space Station (ISS) by 2024. Currently, Hungary is working on launching a scientific satellite intospace and developing a scientific on-board measurement system which will be installed in ISS. The minister
signed a cooperation agreement with the French Space Agency regarding space research and satellite technology projects. As for financial matters, Hungary's contribution to European Space Agency was doubled this year.
Zoltan Tarjan
Associate, Budapest
Tel: +36 1 301 8924 Zol ta n .Ta r ja n @twob ir ds.com
Slovak Republic
The Slovak Republic prepares a space law
The Slovak Republic is a signatory of four of the five relevant UN internationalconventions on space and also supports the creation of non-legally binding UN instruments (e.g. guidelines on space debris).
Currently, a temporary Register of Space Objects of the Slovak Republichas been established at the Slovak Ministry of Education, Science, Research and Sport, for registration of the launch of the first Slovak satellite, skCUBE. Slovakia also notified the UN Secretary-General of the registration of the skCUBE satellite in the Register of Space Objects of the Slovak Republic.
The Slovak Ministry of Foreign and European Affairs initiated preparation of Slovak space legislation in cooperation with other ministries. The adoption of the Act on Space Activities in the Slovak
Republic is a necessary pre-condition for the further development of the space activities in Slovakia, including determining the competencies of state administration authorities.
Katarna Ondrovicov
Senior Associate, Bratislava
Tel: +421 232 332 800 Ka ta r i n a .On d rov icov a @twob ir ds.com
Zuzana Jurckov
Associate, Bratislava
Tel: +421 232 332 800 Zu zana.Ju rick [email protected] irds.com
Australia
Australia
Overview of the recent ambitious initiatives initiated by the Australian Space Agency
The Australian Space Agency (ASA) was only established in 2018 but has been very proactive in recent months. This is perhaps unsurprising given the Prime Minister's stated ambition to triple the size of Australia's space industry by 20301.
In October, Australia became one of the first signatories to NASA's Artemis Accords, which establish a set of principles to guide space exploration cooperation, with a stated aim to return to the Moon by 2024. The Artemis Accords reaffirm the signatories' commitment to the Outer Space Treaty of 1967.
On 3 November 2020, the ASA announced the second program in its $150M Moon to Mars Initiative was open. The Demonstrator Program provides a pathway to develop and launch products that will create new capabilities or generate new business ventures or revenue streams. The first element of this initiative is the $3.7M Demonstrator feasibility grants which will enable businesses to undertake feasibility studies for suitable projects. Grants range from $50,000 to $200,000 and applications closed on 22 December 2020.
Asia and Middle-East
The ASA also announced that Enrico Palermo, the current Chief Operating Officer of Virgin Galactic would be taking over from Dr Megan Clark as Head of the ASA from January 2021 with Dr Clark taking on a role as Chair of the ASA Advisory Board.
Finally, on 17 November 2020, the ASA announced a Space Payload Qualification Facilities grant would be made available from the Space Infrastructure Fund, which had been created in the 2019/20 Budget. The grant is a single grant of up to $2.5M AUD and is intended to remedy gaps identified in Australia space payload testing capabilities.
Thomas Jones
Partner, Sydney
Tel: + 6 129 226 9802 th oma s.jon e [email protected] i r d s.com
Matthew Bovaird
Senior Associate, Sydney
Tel: +6 129 136 0917 Ma tth e w.Bov a i r d @twob i rd s.com
China
Revised Catalogue of Technologies Prohibited and Restricted from Export covering Beidou Satellite Navigation System
On August 28, 2020, the Ministry of Commerce ("MOFCOM") and the Ministry of Science and Technology ("MOST") published the amended China's Catalogue of Technologies Prohibited and Restricted from Export ("Catalogue"). The Catalogue took effective on the same day. As a general note, the Catalogue lists technologies that are completely "prohibited" from being exported, and those that are "restricted" from
1 Media release "New Head of Australian Space Agency announced 13 November 2020
being exported subject to a licensing regime. For each technology being prohibited or restricted, further "control points" describe the technological content that is prohibited or restricted.
Under China's export regulatory framework, the "export" of technologies covers a wide range of forms, from outright sale to licensing the right to use. In addition, the scope of "export" must also be read in conjunction with the newly promulgated PRC Export Control Law (which
took effect on 1 December 2020). The PRC Export Control Law significantly expands the parameter of "export" to include "deemed export", i.e. the provision of controlled items by Chinese citizens, legal persons or organisations (irrespective of their locations) to foreign institutions or individuals.
In the amended Catalogue, amongst many technologies, China has tightened the export control of advanced satellite-related Prohibited technology
technology, with a particular reference to "Beidou Navigation Satellite System". Beidou Navigation Satellite System is a home-grown satellite navigation system developed by China. China completed the third generation of the system with the successful launch of the final satellite on 23rd June 2020.
The key updates of the Catalogue in the satellite field are set out in the tables below.
(III) Transportation
6. Revise the key point for control of "spacecraft TT&C technology" (No. 053701
Equipment Manufacturing J) as "satellites and their on-board radio remote control and remote sensing
Industry
coding and encryption technology used in China."
(V) Telecommunications
and Other Information Transmission Services
8. Revise the key points for control of "spatial data transmission technology"
(No.: 056002 J) as "satellite data encryption technology involving any of the following circumstances:
(1) confidentiality principle, scheme and circuit design technology; (2) software and hardware for encryption and decryption".
9. Revise the key points for control of "satellite application technology (No.: 056003 J)" as "Beidou Satellite Navigation System information transmission
encryption technology".
Restricted technology
(XIV) Telecommunications and other Information
Transmission Services
43. Delete Key Points 1 and 3 for controlof "spatialdata transmission technology" (No.: 056003 X).
44. Delete Key Point 2 for control of "satellite application technology" (No.: 056004 X), and revise in Key Point 1 for control of "double satellite navigation and positioning system" as "Beidou satellite navigation and positioning system".
The last update of Catalogue took place in 2008, when Beidou Navigation Satellite System was still being developed.
Michelle Chan
Partner, Hong Kong
Tel: +85 222 486 111 Mi ch e l l e .Ch an @twob ir ds.com
Sharon Zhang
Registered Foreign Lawyer, Hong Kong
Tel: + 85 222 486 135 sh a r on .zh a n [email protected] ir ds.com
Middle East
and by investing in research and development related to the space field".
Kingdom of SaudiArabia
KSA's latest initiatives to boost space activities
Under the leadership of Prince Sultan bin Salman bin AbdulazizAl Saud, son of King Salman and first Arab participating to a space mission (on the Discovery Space Shuttle), the SaudiSpace commission (SSC) was set up by a royal decree in late 2018 (Royal Order No.(A / 148) dated 20/4/1440 H and Council of Ministers Resolution No. 209 dated 25/4/1440 H). It aims to stimulate space-related research and industrial activities and to create a legislative environment in view of the growing business opportunities offered by space.
On April 2020, the SaudiSpace Commission board approved a first draft of space law which was lately submitted to the higher authorities for approval. Bird & Bird, together with the Saudifirm Al-Fahad & Partners advised the SSC for the preparation of this draft law. The law is now following the Saudi legislative process.
On October 7, 2020, the Kingdom of Saudi Arabia hosted the first meeting of Space Economy Leaders (Space20)and conducted multiple studies that have proven that the space economy can play a major role in shaping new horizons for the global economy. It has therefore placed the space economy as a priority within Shaping New Frontiers Axis with the promotion of space cooperation.
In order to achieve the strategic goals of the Saudi space sector in a way that contributes to achieving the Kingdom's Vision 2030, the SSC is strengthening its partnerships with local, regional, and international bodies. It has signed a significant number of international joint cooperation agreements related to space with Brazil, China, France, Germany, Greece, Russia, Ukraine and the United States. In late December 2020, the SSC signed an executive program agreement with the InternationalSpace University (ISU) in order to "jointly support education and scientific research at the graduate level by providing integrated educational national cadres training programs through which human capital can be developed,
Jean-Claude Vecchiatto
Partner, Paris Tel: +33 1 42 68 60 70
je a n -cl a u d e .ve cchi [email protected] i rd s.com
Alia Jenayah
Associate, Paris Tel: + 33 1 42 68 67 38
Al i a .Je n a ya h @twob ir ds.com
UAE
The UAE's historic Mars mission is on track
"Mars 2117 is a seed we are sowing today to reap the fruit of new generations led by a passion for science and advancing human knowledge," said Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubaiabout the UAE's Mars 2117 project.
The Emirates Mars Mission, or Hope ( Amal in Arabic) is the Arab world's first mission sending an unmanned spacecraft to Mars. The satellite probe is set to arrive in time for the country's milestone 50th anniversary.
The mission aims to produce the first global map (and not only snapshots) of the Martian climate and to release its data to the scientificcommunity for free. It also intends to stimulate investment and encourage private sector participation in the space sector activities. The driver "is not [only] space, it's economic", said Omran Sharaf, the mission's project manager.
To accomplish the objectives of the Hope probe, an agreement was signed between the UAE Space Agency and Mohammed Bin Rashid Space Centre (MBRSC). The mission is executed and funded by the UAE Space Agency with support from inte rnational partne rs.
Despite the coronavirus pandemic, the mission began its journey to Mars on 15 July 2020 from
Japan's Tanegashima Space Centre (TNSC). It is expected to reach the red planet in February 2021.
Over the past decade, the UAE entered the club of space faring nations. The country launched its first satellite in 2009. Ten years later, it adopted a comprehensive nationalspace legislation, the Federal Law No. 12 of 2019 on the Regulation of the Space Sector. Implementing regulations detailing the principles set out in the Law have already been issued (e.g. regarding registration of space object and earth observation space-based data). Others are still under progress (e.g. regarding authorization human spaceflight activities, space debris mitigation, insurance). The UAE also established an ambitious National Space Strategy 2030 and a NationalSpace Investment Plan. One of the UAE's objectives is to ultimately be part of a settlement on Mars.
Willy Mikalef
Senior Associate, Paris
Tel: + 33 1 42 68 63 49
wi l l y.mi k al [email protected] irds.com
Alia Jenayah
Associate, Paris
Tel: + 33 1 42 68 67 38
Al i a .Je n a ya h @twob ir ds.com
twobirds.com
Abu Dhabi & Amsterdam & Beijing & Bratislava & Brussels & Budapest & Copenhagen & Dubai & Dusseldorf & Frankfurt & The Hague & Hamburg & Helsinki & Hong Kong & London & Luxembourg & Lyon & Madrid & Milan & Munich & Paris & Prague & Rome & San Francisco & Shanghai & Singapore & Stockholm & Sydney & Warsaw & Satellite Office: Casablanca
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