Sunday, 11 January 2009

EU Law: European space policy

Earlier we noted that the Lisbon Treaty added ’space’ to the Title on research and technological development. Now we turn to the new provision on European space policy.



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TEC


The current Treaty establishing the European Community (TEC) has no separate Article on space policy, which is included in the research and technological development policy. Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.

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European Convention

The European Convention proposed a new provision on space policy in Article III-155 of the draft Treaty establishing a Constitution for Europe (OJEU 18.7.2003 C 169/57):

Article III-155 Draft Constitution

1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.

2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.


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Constitutional Treaty

The intergovernmental conference took over the Convention’s proposal and added a third paragraph on the relations with the European Space Agency (ESA), OJEU 16.12.2004 C 310:




Article III-254 Constitution

1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.

2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.

3. The Union shall establish any appropriate relations with the European Space Agency.


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Original Lisbon Treaty (ToL)

Article 2, point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).

SPACE

142) The following new Article 172a shall be inserted:

‘Article 172a

1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.

2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.

3. The Union shall establish any appropriate relations with the European Space Agency.

4. This Article shall be without prejudice to the other provisions of this Title.’.

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Differences

In comparison with the Constitutional Treaty, the Treaty of Lisbon made the following changes:
Paragraph 2 added mentions on the ordinary legislative procedure and the exclusion of harmonisation of the member states’ laws and regulations.

Paragraph 4 was an addition.

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Renumbering the Treaty of Lisbon (ToL)

As we have noted earlier, the Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.

The new Article 172a or Article 172bis TFEU (ToL) was renumbered Article 189 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).


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Lisbon Treaty consolidated

Article 189 TFEU

The new Article was renumbered. Article 189 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131–132):

(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)


Article 189 TFEU

1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.

2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.

3. The Union shall establish any appropriate relations with the European Space Agency.

4. This Article shall be without prejudice to the other provisions of this Title.


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Summary of legislation

The Commission’s Scadplus page with a summary European space policy (last update 17 July 2006) is available here:

http://europa.eu/scadplus/leg/en/lvb/i23020.htm

A European space policy is a more or less similar web page, with differences mainly in details, but it includes a link to the Resolution on the European space policy of 22 May 2007 (web page last updated 25 May 2007):

http://europa.eu/scadplus/leg/en/lvb/l33242.htm

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Commission space activities

News, activities and background on European space policy can be accessed through the Commission’s DG Enterprise and Industry web pages European Space Policy:

http://ec.europa.eu/enterprise/space/index_en.html

There are links to information about GMES, Galileo, Sapce Research and Development (FP7), the European Space Agency ESA, Key documents, News. Events, Publications etc.

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Council resolution

To know how far the member states are on board (the spacecraft), you can look at the latest Council Resolution.

The 5th Space Council or more ordinarily the Competitiveness Council Resolution ‘Taking forward the European Space Policy’ from 25 to 26 September 2008 (Council document 13569/08), is available here:

http://register.consilium.europa.eu/pdf/en/08/st13/st13569.en08.pdf


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European Space Agency

European space policy would be unthinkable without the European Space Agency. ESA has a portal with information about many aspects of its work:

http://www.esa.int/esaCP/index.html

For the legally minded: The Convention for the establishment of a European Space Agency, signed 30 May 1975, entered into force on 30 October 1980. The ESA Convention is available here:

http://www.esa.int/esapub/sp/sp1300/sp1300EN1.pdf



Ralf Grahn