Europe is planning a Space Law that even Elon Musk will have to abide by.

The space sector is expected to increase its current profits ninefold this decade. To provide exact figures: this emerging market is expected to grow to €1.6 billion by 2035. Because space is increasingly becoming a part of our lives. From weather forecasts to the geolocation we use on our mobile phones, to communications itself. New companies are emerging all over the world that provide services generated in Earth's orbit. It's no wonder there are 11,700 satellites currently in operation, and another 50,000 are expected in the next decade. But who governs the rules of space ?

The simplified answer is that space belongs to no one. Although, looking at the fine print, international agreements do exist, which apply globally. The catch: they are poorly adapted to current reality (such as the Outer Space Treaty, which is still in force and was ratified by most countries in the world, but was created way back in the Cold War space race); or they are fueled by "good intentions" in space, but are not binding (such as the recent Artemis Accords for the exploitation of lunar resources, which, moreover, are led by the United States).

To fill this legal vacuum, some countries have created their own legislation. The United States, home to the most powerful companies in the space market (such as Elon Musk's SpaceX and Amazon magnate Jeff Bezos's Blue Origin), enacted its National Space Policy in 2020, recognizing these private companies as partners in its space travels. China centralizes all its power in public initiatives and governs them with an iron fist from the country's government. And Europe has a fragmented landscape with up to twelve different laws: Luxembourg was a pioneer, but France, Italy, Sweden, Denmark, and Germany followed suit. Even Spain is already planning its own regulations .

To unify them into a common European standard, the European Commission presented a legislative package this Wednesday, including the proposal for the first European Union (EU) Space Law , which is expected to be implemented from 2030. "The new law seeks to boost innovation, ensure security, and strengthen Europe's competitiveness in the global space economy," Andrius Kubilius, the EU's first commissioner for defense and space, explained at a press conference. "It is a key step towards a more secure and strategic European presence in space."

According to Commission officials, "the proposal hinges on three pillars: security, resilience, and sustainability." Furthermore, "all companies operating and providing services in the EU" must comply with it, including those that create, launch, and operate satellites or launchers into space, as well as the companies that use the data collected there. In other words, even Elon Musk himself will have to comply with these rules if he wants to continue providing services like internet access through Starlink satellites; or Google, which, although it doesn't have satellites in orbit, uses third-party satellites to provide GPS service to our mobile phones.

Thus, if the new regulations are approved, each member state will be able to grant licenses based on the requirements of the new law, so companies like the Spanish company PLD Space could obtain their permit in Spain and operate throughout Europe. However, if a state grants a license that the EU later deems non-compliant, the member state will be sanctioned.

The Commission has indicated that the points, mostly more technical than legal, "will not be revolutionary because they have taken into account the progress of other laws"; however, "state regulations will have to adapt," especially in the area of ​​space sustainability, which will go further. "Currently, there are 140 million pieces of space debris," the same sources indicated. "The risk of collision is evident, so it is necessary to regulate this ecosystem. Europe wants to be a leader here."

In addition to addressing space debris mitigation, the new standard will also propose mission lifecycle rules and establish a protocol for reporting incidents. This could have implications for non-reusable rocket parts discarded during launches or for satellites that become obsolete and float in Earth orbit for decades, as is the case with much space debris. It will also require greater oversight of events such as uncontrolled space debris falls . A methodology for calculating the footprint of space activities will also be established for the first time.

However, the Commission is urging calm: the proposal will still have to be debated by the Member States and its approval is not expected until 2026 or 2027. Furthermore, there will then be a transition period for companies, both European and foreign, to adapt to the new regulations, so the effective implementation of the rule is expected by 2030. On the other hand, the Commission clarifies that this new law will not affect the defense sector, which is exempt from its mandatory application.

"These rules will put all space actors on an equal footing," Kubilius said during the press conference, also explaining that, in parallel with the debate on the law, a Communication called 'Economic Vision for Space' is being launched, which stakeholders can use for technical assistance and advice. "This is a historic law that will make Europe much more competitive and resilient in space."