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The European Commission's (Commission) draft EU Space Act (draft Act or Act), released in June 2025, would impose supranational regulation on space services providers seeking to provide space-based data or service in the Union's internal market. Previous GT Alertsprovide background on the publication and path forward for the draft Act and address the scope and process for European space operator authorization. This GT Alert examines the broad reach of the EU Space Act and process for non-Union space service providers to serve the EU market.
Access to the Union's Internal Market
The EU Space Act is intended to have an extra-jurisdictional scope. The draft Act regulates entities established in the Union that operate in the internal market.1 It also regulates space service providers – irrespective of their place of establishment – that provide space-based data or space services in the Union and demonstrate a substantial connection with the internal market.2
Space Services Provider. Per Article 2, covered space services providers are: (a) Space operators; (b) Collision avoidance space services providers; (c) Primary providers of space-based data; and (d) International organizations.
Notably, providing services to Union space assets, even from outside the Union, qualifies as providing space-based data or space services in the Union's internal market.3
Space Operators, Including International Organizations
The draft Act contemplates two categories of non-Union space operators and provides for specific "authorization" processes for each to access the internal market.
- Third country space operators, including spacecraft operators, launch vehicle and launch site operators, and in-space servicing providers, must be registered and hold an e-certificate to provide services to the Union's internal market.4
- International organizations, such as the European Space Agency (ESA) or the European Organization for the Exploration of Meteorological Satellites (EUMETSAT), may be required to enter into certain agreements to provide services to the internal market.5 They must also be registered and possess an e-certificate to provide services in the internal market.6
Collision Avoidance and Data Providers
The draft Act does not appear to require other non-EU space services providers–namely primary providers of space-based data and collision avoidance providers—to navigate regulated "authorization" procedures to access the Union's internal market. However, these service providers may need to obtain an e-certificate and comply with other relevant requirements, such as the obligation to provide data only from approved objects.7
Exceptions and Emergencies
A Member State may request the Commission adopt an exception, or "derogation," permitting the use of a foreign launch operator that is non-compliant with the Act's requirements.8 Additionally, in an emergency situation, the Commission may propose to permit the use of space services providers outside of the normal "authorization" procedures.9
Provision of Services by Foreign Space Operators
The following sections focus on the process for private third country space operators (i.e., foreign space operators) to access the internal market.10
As noted above, a foreign space operator must be registered and hold an e-certificate prior to providing services to the Union. "Registration" refers to European Union Agency for the Space Programme (Agency) registration of a space operator in the Union Register of Space Objects (URSO). The Agency issues an e-certificate to operators upon URSO registration.11
The Union Register of Space Objects (URSO). The Act directs the Agency to establish a URSO and register approved Union space operators, third country space operators, and international organizations. The URSO is intended to be a transparency tool that publicly lists all registered space service providers and certifies that their space-based data and services comply with EU regulations. This would enable anyone to verify the origin and legal compliance of space-based data, ensuring trust and facilitating the free provision of space services across the Union.
Foreign space operators may apply for URSO registration via one of two procedures: a streamlined, "equivalence decision" procedure, or a more extensive "evidenced application." And while the underlying operator requirements are the same (see "Article 15," below), the process (and burden) of registration varies substantially.
Streamlined Registration – Equivalence Decisions
An equivalence decision, which the Commission would adopt via an implementing act, indicates that a foreign country's legal and supervisory framework subjects operators to effective supervision and enforcement equivalent to the Act's requirements.12 Foreign space operators established in jurisdictions for which there is an equivalence decision are presumed to comply with the Act's requirements, and may be registered without providing a comprehensive, evidenced application for examination.13
As drafted, two criteria for equivalence decisions may present hurdles to finding a foreign country's legal and supervisory framework equivalent. First, equivalence under the Act requires the foreign jurisdiction also have a system for recognizing equivalence.14 While reciprocal equivalence may exist for some subjects within the Act's scope, such as orbital debris oversight, it may be lacking in other areas, like launch operator authorization.15 If a foreign country's framework must be comprehensively equivalent, it may be difficult for current or near-future regimes to satisfy this reciprocal criterion.
Second, equivalence requires that a foreign jurisdiction subject operators to rules equal to the Act's requirements in Article 15.16 This Article leads down a rabbit hole: it incorporates extensive space operator requirements by reference (explored below). These incorporated-by-reference requirements include under- or undeveloped concepts, such as "environmental footprint" calculations for space activities.17 Given how broad and new Article 15 requirements are, it may be unlikely that any other jurisdiction currently has, or will soon have, an equivalent legal framework. Insisting on nearly identical laws for an equivalence decision might be a major barrier, especially with the scope of Article 15 as drafted.
Overall, a foreign jurisdiction may not meet the criteria for reciprocal equivalence and equal legal frameworks required for an equivalence decision. Even if an equivalence decision is adopted, it can include "specific conditions" that re-introduce regulatory burden.18 Equivalence decisions may also be repealed if the foreign framework is found to no longer be equivalent.19
Nominal Registration – Evidenced Applications
If registration pursuant to an equivalence decision is not possible, a foreign space operator may be required to submit an application demonstrating compliance with the Act's requirements to be registered and allowed to provide services in the Union.20
To begin an application, a foreign space operator must compile evidence demonstrating compliance with applicable Article 15 requirements (detailed below).21 In tandem, the operator must engage a legal representative in a Member State. This legal representative must be designated as a point of contact for all communications related to compliance with the Act. 22
Once prepared, the foreign space operator sends the application materials to the Agency. The Agency will assess the application and provide a preliminary assessment to the applicant.23 Within five months of receiving an application, the Agency sends an opinion on the application to the Commission.24 After an indeterminate time, the Commission decides whether to approve or reject the registration of the foreign space operator applicant.25
If registration is approved, the Agency would proceed to register the foreign space operator in the URSO and issue an e-certificate.26
The registration of a foreign space operator may be suspended or withdraw if the operator's national authority is revoked, or if the operator no longer complies with the Acts requirements and cannot remedy noncompliance.27 The Agency would make a proposal to the Commission for suspension/withdrawal of the operator, and the Commission would be required to act within two months.28
Article 15 – Requirements Applicable to Foreign Space Operators
Requirements applicable to foreign space operators are in Article 15, which calls to other provisions of the Act and incorporates them by reference. These requirements are applicable to operators regardless of whether they register pursuant to an equivalence decision or through an evidenced application.
Foreign space operators may wish to review the scope of these requirements, including both the generally-applicable provisions (Table 1), and those specific to the appropriate space operator "type" (Table 2 – spacecraft operators; Table 3 – launch and launch site operators; Table 4 – in-space servicing operators). During review, it may be prudent to note contemplated or directed further Commission action (e.g., through implementing acts) to expound on certain requirements. Finally, foreign space operators should remain aware that successful registration triggers continuing supervision of space activities by the EU. Accordingly, the below listed requirements contain ongoing compliance obligations in addition to needed application demonstrations.
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