The New Space Race: Running as One, European Harmonization of Space Legislation

By Axel Massuyr

This policy memo was awarded first prize in the UCL European Horizons Policy Writing Competition 2023.

Summary

The space sector has witnessed consistent growth, with states renewing active pursuits of lunar missions and the establishment of national space stations. In light of these developments, the European Union (EU) is falling short in competing with China and the US. Additionally, the expansive nature of space activities intersects with other EU competencies such as agriculture and the environment. Hence, there is a pressing need for policy changes adapting to the current circumstances. Recent calls for treaty reforms present a timely opportunity. I propose leveraging this momentum to convene a European Convention aimed at modifying the Treaty on the Functioning of the European Union (TFEU), specifically Title XIX, Article 189, Paragraph 2, which currently excludes the “harmonization of the laws and regulations of the member states”.

Context

The escalating “securitization of outer space” poses risks to various facets of modern life. In comparison to the substantial annual spending of the USA and China (55 billion and 10 billion dollars respectively) on their space programs, European actors are individually underpowered. France, Germany, and Italy allocate 4 billion, 2 billion, and 1.5 billion dollars respectively, while the EU’s common budget is 2.5 billion dollars, which demonstrates the evident shortfall as the current launcher crisis also does. This is even less than Japan and Russia (approximately 4 billion dollars). A collective effort by all EU countries could amass a significant 12 billion dollars, making them the second-largest space investors globally.

While some EU states, like Poland, are investing resources to establish independent national space programs, other competitor states such as China and Russia are actively pursuing space station and lunar programs. Unified action by the EU, which has been supported through recent calls for treaty reforms by some MEPs and the Commission President’s mention of it in her State of the Union speech, could position it as a formidable player on the global stage.

Although space policies intrinsically have dual use potential, which could mitigate the absence of European defense competencies, it is worth noting that Japan — a country committed to peace by its constitution — has nevertheless recognised the security component of space policy since 2008. Moreover, space civilian use is ultimately related to trade and competition policies.

Options and Policy Recommendation

To face future security challenges brought by space, such as the use of anti-satellite weapons and threat of cyberattacks, as well as for European economic and environmental goals, multiple options are available.

1. Status quo

Although some cooperation happens at the continental level through the ESA and the European Union and its Agency for the Space Program (EUSPA), states remain in charge of their national space legislations and programs.

While this means that states are the main actors of their unique space policy — a popular choice for most national governments — it also means that current issues will not be tackled, and the EU will keep on losing out in space.

2. EU Space Law without general harmonization

This possible solution entails that states remain mostly sovereign regarding defense but at the same time more resources can be pooled together, and the private sector can at least grow in a more coherent environment (it shall be noted that this is pure speculation as the EU Space Law is still in discussion). Compared to general harmonization, however, this option still faces the major issues of the ‘status quo’ approach, such as the political difficulties of getting member states to agree that the EU shall have control over military competencies, as space is both civilian and militaristic by nature, and the common budget remaining below that of China. Additionally, details of this policy option remain unclear.

3. Harmonization of national laws and regulation

With the only disadvantage being that states lose some of their defense autonomy, which is already the case with the currently proposed Space Law, harmonization, among many other benefits, provides a coherent framework for the private sector to grow. Furthermore, budgets and resources can be pooled towards innovative large-scale shared projects, challenges related to other EU competencies such as agriculture and the environment can be better addressed thanks to innovation in the space sector, and the evolution of legislation is predictable and no longer splintered between many actors.

In conclusion, harmonising EU space legislation emerges as a strategic and forward-looking choice, offering a comprehensive approach to address the challenges and opportunities presented by the evolving space sector.

Axel Massuyr is a third-year Bachelor’s student in political science at Université Libre de Bruxelles, currently on exchange at University College London. Axel’s primary interests include space policy, European integration, and welfare states.