Autoridade Nacional de Comunicações
Notice
(This is not an official translation of the Law)
Explanatory note
DRAFT REGULATION ON ACCESS TO AND EXERCISE OF SPACE ACTIVITIES
1. By determination of 4 April 2019, ANACOM, as Space Authority (SA), approved the launch of the procedure to develop a regulation on access to and exercise of space activities, as well as the publication of the respective notice, in accordance with paragraph 1 of article 98 of the Administrative Procedure Code, approved by Decree-Law No. 4/2015 of 7 January. By the end of the prescribed time limit, no contributions or suggestions that could be taken into consideration in the scope of the preparation of the draft regulation were received.
2. In this respect, in accordance with and for the purpose of article 99 of the Administrative Procedure Code and article 10 of the Statutes of ANACOM, approved by Decree-Law No. 39/2015, of 16 March, the Management Board of ANACOM, under point u) of paragraph 1 of article 8, and of point a) of paragraph 2 of article 9 and point b) of paragraph 1 of article 26, all of its Statutes, and in the scope of powers conferred under point e) of paragraph 1 of article 22 and article 30 of Decree-Law No. 16/2019, of 22 January (DLSA), approved, by determination of 6 June 2019, the draft regulation on access to and exercise of space activities, which is submitted to the public consultation procedure and takes place over a period of 15 working days, by means of publication in the website of the SA and in Series II of the Official Gazette.
3. In this context, interested parties are requested to submit their comments and suggestions, in writing and in Portuguese, ideally by email to the address reg.espaco@anacom.ptmailto:reg.espaco@anacom.pt.
4. Where appropriate, interested parties should indicate the elements deemed to be confidential, stating the reasons, and submit a non-confidential version of their comments and suggestions for publication purposes, in accordance with the law and ANACOM’s decision of 17 November 2011.
5. Once the consultation is closed, the SA shall assess comments and suggestions submitted by interested parties and shall make available, together with the approval of the regulation, a report with references to responses received, as well as an overall assessment that reflects this Authority’s views thereon and grounds for choices made.
PREAMBLE
1. Decree-Law No. 16/2019, of 22 January (DLSA) lays down the regime of access to and exercise of space activities, aimed at regulating the exercise of space activities subject to the responsibility, authorization and supervision of the Portuguese Republic, in accordance with the international obligations to which it is subject; at facilitating and promoting the access to and exercise of space activities to any operators established in Portugal and from the Portuguese territory; at ensuring that space activities comply with international principles of use of the outer space, namely the peaceful use thereof; and at protecting the political and strategic interests of the Portuguese Republic, ensuring that private space activities are not contrary to them.
2. DLSA lays down also that the legal framework for the regulation, supervision and surveillance of space activities, which are incumbent on the Space Authority, without prejudice to competences of the Autonomous Regions of Azores and Madeira, referred to in article 27 of DLSA. The powers and competences of the Space Authority, as follows from article 30 of DLSA are exercised, even on a temporary basis, by Autoridade Nacional de Comunicações (ANACOM).
3. As such, under point e) of paragraph 1 of article 22 and article 30 of DLSA, it is incumbent on ANACOM, as Space Authority, to approve the regulatory provisions referred to in articles 5, 7, 8, 16 and 17, within 180 days from the entry into force of DLSA, as set out in article 29 of that statutory instrument. The regulatory provisions provided for in the referred articles are laid down in aggregated form, in a single regulation, in the interests of easier reading and articulated interpretation of provisions that make it up, and of a consistent and pragmatic approach of issues under consideration, which must be seen as a whole.
4. The regulation takes account of an optimum use of resources and the implementation of more simple, quick and effective procedures for access to space activities, in order to decrease administrative burdens on companies and to facilitate access to as many operators interested in the exercise of space activities in Portugal as possible, while safeguarding at the same time the interests of security, injury prevention and reduction of the environmental impact of these activities.
5. The drafting of rules which are to some extent general in the scope of licensing procedures aims to grant greater flexibility to companies regarding the submission of their technical and economic plans, while strict procedural requirements are also defined, to assist the SA, together with interested parties, in its mission to lay down licensing conditions, especially as regards the reduction of the negative effects of space activities on people and property. At the same time, it is provided that elements to be submitted by interested parties for licensing purposes may be developed by means of regulations or instructions.
6. In this context, under point u) of paragraph 1 of article 8, as well as point a) of paragraph 2 of article 9 and point b) of paragraph 1 of article 26 of the Statutes of ANACOM, approved by Decree-Law No. 39/2015, of 16 March, the Management Board, having heard interested parties in the scope of the public consultation referred to in article 10 of the referred Statutes of ANACOM, has adopted the following Regulation:
CHAPTER I
General Provisions
Article 1
Subject-Matter
This Regulation governs:
a) The procedure for granting licences and criteria for assessing the conditions for granting licences, for launch and/or return operations and for command and control operations, in accordance with articles 7 and 8 of DLSA;
b) The procedure for granting prequalification certificates in the scope of the exercise of space activities that require a license, in accordance with article 5 of DLSA;
c) Elements to be registered with the Space Authority concerning space objects, in accordance with article 16 of DLSA;
d) Requirements to be observed and information to be provided in the scope of the transfer of ownership of space objects, in accordance with article 17 of DLSA.
Article 2
Definitions
1. For the purposes of this Regulation, the definitions set out in article 3 of DLSA shall apply.
2. For the purposes of this Regulation, “Space Authority” (SA) shall mean the Authority provided for in article 21 of DLSA, the tasks and competences of which shall be exercised on a temporary basis by Autoridade Nacional de Comunicações (ANACOM), in accordance with article 30 of the same statutory instrument.
Article 3
Electronic means
1. All communications and the submission of or access to documents, namely applications and minutes, certificates and notifications, as well as opinions and other acts provided for in DLSA, in the scope of the exercise of competences of the SA, may take place by electronic means, without prejudice to the access to services through other appropriate means.
2. For the purpose of the preceding paragraph, the SA shall make available a digital platform called “Portal do Espaço” (Space Portal), which shall act as a portal aggregating content concerning the access to and exercise of space activities, through which contact may be established with operators and between the several competent bodies that participate in this platform.
3. The Space Portal digital platform shall guarantee the protection of personal data and of commercially sensitive information contained therein under the law.
Article 4
Customer support service
The SA shall make available a customer support service, which may be accessed through its freephone number and its website, at www.anacom.pthttps://www.anacom.pt/render.jsp?categoryId=2958, in order to resolve queries and provide information deemed to be relevant in the scope of its tasks.
CHAPTER II
Licencing of space activities
SECTION I
Application
Article 5
Elements
1. For the purpose of article 6 of DLSA, bodies who wish to obtain a license for the exercise of space operations shall be required to submit an application to the SA that shall include elements provided for in this Section for each operation.
2. Elements provided for in this Section, where appropriate, may be developed by the SA by means of regulations or instructions in accordance with point e) of paragraph 1 of article 22 of DLSA.
Article 6
Waiver of submission of elements due to prequalification
1. The requirement for the submission, in the scope of the licensing procedure, of information included in the prequalification certificate conferred in accordance with Chapter III, shall be waived.
2. The holder of a global license may be required by the SA to submit the information included in a terminated prequalification certificate, in accordance with paragraphs 5 and 6 of article 5 of DLSA, for the performance of space operations under the global license, and such space operations shall not be performed without a written confirmation by the SA that the referred information complies with that statutory instrument, which shall be issued no later than 30 days from the submission of the full information submitted by the operator.
Article 7
Special regime
1. The SA shall be entitled to determine the shortening of deadlines or the simplification of licensing procedures in the situations provided for in paragraph 4 of article 8 of DLSA.
2. For the purpose of the preceding paragraph, the interested party shall submit an application to the SA, prior to the licensing application, requesting that a simplified procedure is applied and submitting the elements that attest to the fact that it is covered by one of the situations provided for in paragraph 4 of article 8 of DLSA.
3. The SA shall decide within 10 days at the most and, where the request is granted, it shall notify the applicant as regards the shortened deadlines and simplified procedures that will be followed for the grant of the license.
Article 8
Identification of the applicant
1. The applicant shall provide the SA with elements enabling its full and clear identification, namely:
a) Name, address, civil ID number and tax ID number, in the case of natural persons, and corporate name, registered office and legal person ID number, in the case of legal persons;
b) In the case of a legal person, certificate with elements declared in Registo Central de Beneficiário Efetivo (the Central Effective Beneficiary Register);
c) Composition of management bodies;
d) Elements of identification of its permanent representation in Portugal, where appropriate;
e) Contact details for the purpose of general communications and notifications, by post and electronic means.
2. The communication shall also attach the following documents, or equivalent ones, where the applicant is not established in Portugal:
a) In the case of a natural person, evidence that its activity is open at the Tax Office; and
b) In the case of a legal person:
i) The code of access to the permanent certificate, or a simple extract of the commercial register records in force;
ii) Certificate with elements declared in the Central Effective Beneficiary Register;
iii) Curricula of members of management bodies, as well as the respective criminal record certificate.
3. For the purpose of point e) of paragraph 1, applicants shall not indicate contacts that imply the payment of premium rates.
4. The indication of contact details for the purpose of general communications and notifications shall be without prejudice to the additional gathering of contacts for other specific purposes, on the initiative of the SA.
Article 9
Type of license
1. The application shall indicate the type of license applied for, in accordance with paragraph 1 of article 6 of DLSA:
a) Unitary license, where a single space operation is concerned; or
b) Global license, where a number of space operations of the same type is concerned.
2. The applicant shall also indicate the deadline and/or number of space operations it intends to carry out.
3. The applicant may apply for the joint licensing of space operations of different types, regardless of whether licenses are unitary or global.
4. The applicant shall indicate whether the space operation is contracted on behalf of a third party, its full identification being provided, in accordance with article 8 hereof, and evidence of such contractual relationship being submitted.
5. In the situation provided for in the preceding paragraph, the applicant shall take full responsibility for compliance with legal conditions and obligations, as well as for conditions and obligations arising from the license that concern the licensed space activity.
Article 10
Technical, economic and financial capacity
1. The applicant shall demonstrate to the SA that it has the technical, economic and financial capacity required for space operations intended to be carried out, submitting for this purpose:
a) Report with the description of the activities performed over the last three years, where appropriate, either directly or jointly with other bodies;
b) Business plan for space operations for the foreseeable license period, the respective means of financing being identified;
c) Certificates of absence of debts or other evidence that the applicant’s tax situation is in order, under the law, attesting to the fact that obligations imposed by the tax and social security authorities have been fulfilled;
d) Description of human resources and qualified technical personnel, including the number, experience, qualifications and certification of staff able to develop space activities intended to be carried out, as well as the indication of the respective functional responsibility.
2. The applicant shall indicate any sub-contracted companies and services provided by them in the scope of the space operation to be licensed, as well as any partnerships with the scientific and technological system.
3. Where the launch centre is not operated by the applicant, the latter shall indicate the information referred to in the preceding paragraphs as far as the launch centre operator is concerned.
Article 11
Description of the launcher and of the activity
1. The applicant of a licence for launch and/or return operations shall submit a description of the space object or objects, as well as a description of the activity to be carried out, under the unitary or global license, or by means of a joint license.
2. The information to be provided, under the preceding paragraph, shall include the following level of detail as far as the launcher is concerned:
a) Designation and model;
b) General function;
c) Identification of the owner;
d) Identification of the manufacturer;
e) Structure and form, size, weight, load capacity, type of propulsion system, characterization of the type and amount of hazardous, explosive or toxic materials, power system, hardware and software control systems, flight safety system, as well as performance parameters as far as thrust, altitude and speed are concerned;
f) Technical design, with information as to main systems and sub-systems;
g) Description of standards or certification of the launcher and/or its systems and component parts.
3. The information to be provided, under paragraph 1 above, shall also include the following level of detail as far as the use and operation of the launcher is concerned:
a) Description of the payload;
b) Foreseeable date and site of the launch;
c) Identification of the launch centre operator;
d) Description of premises and services of the launch centre to be used for launching purposes;
e) Planned nominal flight, including the point of flight at which the carried space object is no longer under the control of the licensee;
f) The various flight stages and associated manoeuvres;
g) Air corridors to be used;
h) Technical characteristics of the launcher’s radiocommunication stations.
4. The information to be provided, under paragraph 1 above, shall also include the following level of detail as far as the payload is concerned:
a) Designation;
b) Physical dimensions, namely weight;
c) Owner(s) of the payload and command and control operator, where different;
d) Planned orbital parameters, including nodal period, inclination, apogee and perigee (whether for parking, transfer or final orbit purposes);
e) Hazardous materials, radioactive materials and respective amounts;
f) Technical characteristics of radiocommunication stations.
Article 12
Description of the space object in space and of the activity
1. The applicant of a license for command and control operations shall submit a description of the space object or objects, as well as a description of the activity or activities intended to be carried out, under the unitary or global license or by means of a joint license.
2. The information to be provided, under the preceding paragraph, shall include the following level of detail as far as the space object is concerned:
a) Designation;
b) Physical dimensions, namely weight;
c) Identification of the owner;
d) Hazardous materials, radioactive materials and respective amounts.
3. The information to be provided, under paragraph 1 above, shall also include the following level of detail as far as the command and control operation of the space object is concerned:
a) Control mode in outer space;
b) Orbital parameters including nodal period, inclination, apogee and perigee (whether for parking, transfer or final orbit purposes);
c) Identification of equipment and premises, including the respective location and ownership, used to command and control the space object;
d) Type of command and control operations foreseeable over the operational life of the space object;
e) Identification of services to be provided, namely, communications, Earth observation, space navigation and investigation.
Article 13
Space debris minimization plan
1. Without prejudice to the security plan provided for in the next article, the applicant shall submit a plan with elements attesting to the fact that the space operation under consideration guarantees the minimization of space debris, to the greatest possible extent.
2. The space debris minimization plan may refer measures to be implemented to international best practises and principles, namely those provided for in the ISO 24113:2011 standard (Space systems - Space debris mitigation requirements), in the 2007 “IADC Space Debris Mitigation Guidelines”, and in “Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space”, laid down in UN General Assembly Resolution No. 62/217, of 22 December 2007.
Article 14
Security plans
1. The applicant shall submit a detailed and substantiated plan, in line with standards issued by the US Federal Aviation Administration (FAA), demonstrating that the space operation is compatible with applicable public security standards, including those relating to public health, physical security of citizens and environmental protection, and that it provides appropriate safeguards against damage to the earth’s surface, airspace and outer space.
2. The plan referred to in the preceding paragraph shall at least include:
a) Identification and description of hazards, as well as the assessment of each risk in terms of their likelihood and severity;
b) Risk assessment and management process, on the basis of a quantitative analysis, or where this is found not to be justified and proved not to be possible, on the basis of a qualitative analysis;
c) Risk mitigation measures, setting out the priorities between them, as well as the measures required for their implementation;
d) Operational procedures designed to address accidents suffered by the operator, including strategies for harm-reduction and provision of relief to persons directly or indirectly affected.
3. The launch and/or return operator shall also submit an accident investigation plan describing incident and accident reporting procedures for the purpose of article 20 of DLSA.
Article 15
Launch and/or return security plan
1. In the case of a launch and/or return operation, the plan shall in particular include, in addition to requirements set out in article 14 hereof:
a) Definition of security measures, including those relating to the launcher operation, associated to the various flight stages, from the lift-off up to the separation of the launcher and the object to be placed on space and the respective final impact;
b) Definition of security measures aimed at protecting the operational staff and visitors of the launch centre;
c) Identification of the geographic area where citizens and property could be exposed to a particular risk, as well as security measures aimed at their protection;
d) Definition of the launch risk in terms of the foreseeable number of victims, compared to the total number of people exposed to the launch hazard, under paragraph 1 of the preceding article;
e) Identification of the geographic area and risks for the environment resulting from falling elements of the space object on the earth’s surface and atmosphere and debris of products of atmospheric and extra-atmospheric combustion;
f) Identification of organisational processes and processes for the identification of people that are responsible for the various security aspects and for processes of communication between the launch and/or return operator and the operator at the launch centre, including the definition of the respective responsibilities;
g) Description of security systems and procedures that allow the completion of the launch flight.
2. The plan relating to the security of the launch and/or return operation, provided for in the preceding paragraph, shall at least take account of risks deriving from:
a) Failure, explosion or collision of the launcher;
b) Falling elements that detach from the space object at the launch and/or return stage;
c) Controlled or non-controlled return of the launcher or of some of the launcher stages;
d) Radioactive material on board the launcher, where appropriate.
Article 16
Command and control security plan
1. In the case of a command and control operation, in addition to requirements set out in article 14 hereof, the plan shall include in particular:
a) Definition of the levels of security of access to the space object command and control system;
b) Security assessment for the orbit of the space object, throughout its entire operational life;
c) Assessment of possible collisions with space objects the orbital parameters of which the applicant is aware of in advance.
2. The plan relating to the security of the command and control operation, provided for in the preceding paragraph, shall at least take account of risks deriving from:
a) Space debris in orbit caused by the space object;
b) Intentional destruction of the space object in orbit, including in case of re-entry in the atmosphere.
3. In the case of a command and control operation, the applicant shall, in addition, and where appropriate, present in its plan the interferences that may be caused in terrestrial and/or spatial radiocommunication services that use and explore outer space, as well as other spatial objects.
Article 17
Command and control centre systems and processes
The application shall include the necessary information that attest to the fact that systems used by the command and control operator fulfil the following requirements:
a) Implementation of a quality management system in line with best current practises for the performance of the space operation under consideration;
b) General description of the software and computer systems used for flight control and orbiting management purposes;
c) Assessment of systems implemented so that the space object allows the operator, throughout the whole duration of the operation, to receive telemetry data on its status and to send it the necessary instructions, especially for the application of measures related to situations of non-nominal return to the space object’s expected status.
Article 18
Systems and processes of the launch centre
1. The applicant shall present the following elements relating to the launch centre:
a) Designation;
b) Centre user guide, which shall include, in particular, the elements set out in article 19 hereof;
c) Document that attests the legal relationship between the applicant and the owner or concessionary of the centre, or which authorizes the applicant to carry out space activities at such centre;
d) Document that attests to the fact that the applicant holds all authorizations required from competent authorities for the purpose of the operation of the launch centre.
2. The applicant shall not be subject to the presentation of any of the elements required under the preceding paragraph where the launch centre is operated by public bodies or where the respective operation has been concessioned.
Article 19
Launch centre user guide
For the purpose of point b) of paragraph 1 of article 18 hereof, the applicant shall submit the launch centre user guide, which shall include, in particular, the following elements:
a) General description of the launch centre, including:
i) Name;
ii) Geographic location;
iii) Blueprints of the centre, with information on the different installations and areas, and their intended purposes, namely as far as the launch and operations control centre are concerned, and support equipment;
iv) Conditions of use of the centre by third parties for the provision of services relating to activities carried out at the launch centre;
v) Neighbouring and surrounding areas of the centre and closest towns;
vi) Type of launchers and of the estimated load mass;
vii) Possibility of the centre being used by more than one launcher at the same time, including the conditions for such use;
viii) Air corridors and launch and return space pathways;
ix) Ranges of possible launch azimuths for each launch point;
x) Any other relevant information relating to the description of the centre;
b) Data on the property register of the launch centre and/or parts thereof, or on any other permit conferring the right to operate it;
c) Elements that attest to the technical capacity of the launch centre, specifically:
i) Centre’s organisational structure, the respective organisational chart being attached;
ii) Identification of the head of the centre and respective substitute in its absences, with information on the delegated competences and contacts;
iii) Identification of the key technical staff with tasks directly related to the centre’s operational security, with information on the name, functions, as well as responsibilities;
iv) Qualifications and professional experience of the key technical staff;
v) Technical staff training programmes and certification systems for the purpose of assessment of competences;
vi) General launch and return telemetry and remote control procedures, as well as procedures for mitigation of radio interference at the launch centre;
d) Procedures and measures for the launch centre operational security management, in addition to those that apply to the space object launch and/or return operator, including those relating to:
i. The chain of command supporting the centre’s security management system;
ii. The space object launch and/or return cancellation;
iii. The registration of space activities carried out at the centre since it initiated its operations;
iv. Timetables of activities to be carried out at the centre;
v. Access of persons to launch and operation control centre areas, with information, where appropriate, on whether there are different security areas and the type of persons with access thereto;
vi. Critical security systems, the interruption of which causes serious harm to public security;
vii. The assessment of security, including audit and review, that provide for the identification of risks to public security associated to installations and operations of the centre;
viii. Cooperation and articulation with private and public bodies involved in the launch centre operation;
ix. Assessment and monitoring of the centre’s environmental impact;
x. Safe storage and handling of hazardous substances in the centre;
xi. Archiving and retaining of documents and data and guarantee of their confidentiality;
xii. Implementation of the centre emergency plan and activation of warning systems;
xiii. Rescue and firefighting;
xiv. Investigation of incidents at the centre and of those associated to operations developed at the centre, including procedures for notification and report to the competent authorities.
Article 20
Civil liability insurance
1. For the purpose of article 19 of DLSA, the applicant shall present evidence of valid civil liability insurance, with the capital and minimum standards required.
2. The insurance mentioned in the preceding paragraph may be waived with or its amount may be reduced in the situations provided for in the Administrative Rule referred to in paragraph 3 of article 19 of DLSA.
3. For the purpose of the waiver or reduction of the amount of the insurance for operations that consist in the launch, return or command and control, and without prejudice to the assessment of risks as identified in security plans, small space objects shall be deemed to mean launchers with capacity to launch a payload of gross weight up to 50 kg or space objects subject to command and control of gross weight up to 50 kg.
4. The definition of reduced risks, for the purpose of point d) of paragraph 3 of article 19 of DLSA shall be performed by the SA, upon request from the interested party to be submitted together with the application, on the basis of the analysis of measures provided for in the plans submitted in the scope of the licensing procedure.
5. The SA shall decide within 10 days at the most whether the space activity presents a reduced risk, and the applicant shall present evidence of the civil liability insurance within 30 days from the SA’s decision, the deadline provided for in paragraph 1 of article 24 hereof being suspended from the date of the notification of the SA’s decision up to the date when such evidence is submitted.
Article 21
Other authorizations and opinions
1. The applicant shall submit evidence that it holds all authorizations required by the competent bodies for the purpose of the space operation concerned, namely as far as environmental and radio licensing issues are concerned.
2. Alternatively, the applicant may submit to the SA, together with the application provided for in article 5 hereof, all information and documentation required to obtain other authorizations, being incumbent on the SA to carry out the necessary proceedings before the competent bodies.
3. In the case of a global license, the SA may authorize the operator to submit the information and documentation required for other authorizations in advance of each operation, the operator not being allowed to carry out the space operation without the referred authorizations.
4. The SA shall seek an opinion from other competent bodies that are relevant to the assessment of the licensing application concerned, namely in the areas of defence, foreign affairs, home affairs, infrastructures, health and environment, within a time-limit to be set in the request.
5. Where space activities take place in the national maritime space, the SA shall obtain a prior opinion from Direção-Geral dos Recursos Naturais, Segurança e Serviços Marítimos (the Directorate-General for Natural Resources, Security and Maritime Services).
SECTION II
Grant of the license
Article 22
Procedure
1. The licensing application, including elements indicated in former articles, shall be signed:
a) In the case of a natural person, by the person himself, duly identified, or by his authorised representative, where appropriate, duly identified; or
b) In the case of a legal person, by the person itself, duly identified under the law, or on behalf of it, by a person (persons) duly identified in that capacity with power to perform the act.
2. The application and associated documents shall be submitted in Portuguese or, alternatively, in the original language, duly authenticated, attaching a translation prepared by a certified translator, without prejudice to the possibility of documents of a technical nature being submitted in a language that is easily understood by the SA.
3. The applicant shall indicate whether elements supplied in the scope of a licensing procedure include confidential data or commercially sensitive information.
4. Upon reception of the application, the SA shall acknowledge the receipt, in writing, informing the applicant of:
a) The date of entry of the application;
b) File number;
c) Identification and contact elements of the service handling the process;
d) Without prejudice to the next paragraph, the deadline defined in the law for the final decision, the effects resulting from the lack of a final decision by that date and the applicable means of administrative reaction.
5. The SA shall also verify whether the application was duly submitted and completed, and if not, the SA shall request the applicant, in writing and in a substantiated manner, to address the existing shortcomings that may not be addressed of its own motion, as well as to provide information deemed to be necessary to assess the application, namely for the purpose of article 7 of DLSA.
6. The SA may request the applicant, in a duly substantiated manner, on its own initiative or upon the request of a body from which an authorization or opinion is sought in the scope of the licensing procedure, that elements to be submitted in the scope of Section I of this Chapter are complemented or amended so that requirements for its approval are met.
Article 23
Evaluation criteria
1. The grant of the license by the SA shall take into consideration whether the applicant meets requirements set out for licensing purposes in paragraph 1 of article 7 of DLSA, including the assessment of whether the space operation jeopardises internal security and the strategic interests of the Portuguese Republic, and whether international obligations upon it are violated.
2. In its evaluation of license granting criteria, the SA shall take into account the best international practises applicable to matters relating to security plans.
Article 24
Grant
1. The SA shall make its decision to grant or refuse licenses within 90 days from reception of the full application, duly substantiated.
2. The application shall only be refused through duly substantiated decisions of the SA and for failure to comply with legal and regulatory requirements.
3. The decision on the application shall be notified, in writing, by the SA to the interested party within 5 days, together with the license, where the application is granted.
4. The license shall include, in particular:
a) Holder identification;
b) License number;
c) Date of issue;
d) Licensed space operations;
e) Applicable conditions;
f) Term.
5. The grant of the license shall be disclosed at the SA website.
Article 25
Rights and duties of the license holder
1. The grant of the license shall confer on its holder the right to carry out the corresponding space operations, under the DLSA, this regulation and the contents of the respective license.
2. Without prejudice to other duties arising from DLSA and this regulation, the license holder shall undertake to:
a) Comply with and abide by international space exploitation principles, namely in terms of space treaties to which the Portuguese Republic is bound, including those concerning the pacific exploitation, security and minimisation of space debris;
b) Register space objects it launches or controls, identifying the respective owner, under article 16 of DLSA;
c) To establish the mandatory civil liability insurance required under article 19 of DLSA, and to maintain it valid, attesting the existence of the insurance policy by 31 January of each calendar year, as provided for in paragraph 2 of article 19 of DLSA;
d) Predict and duly safeguard against any damage to Earth and the outer space, either directly or indirectly, in accordance with applicable national and international obligations;
e) To comply with all legal and regulatory provisions in force, as well as with the specific conditions of the license, including elements presented under articles 5 to 21 hereof, and additional conditions provided for in paragraph 3 of article 7 of DLSA, which form part of the license for all legal purposes;
f) To report in a timely, accurate and truthful manner the occurrence of incidents and accidents, under article 20 of DLSA;
g) To comply with obligations relating to supervision and surveillance provided for in article 23 of DLSA;
h) To submit a report to the SA, upon completion of each licensed space operation, with the description of space activities carried out, and information on the respective status and level of functionality and on any failures, warnings or risks identified;
i) To keep a record of all occurrences of its activity, namely incidents and accidents, and respective investigation, mitigation or correction measures.
3. Operators holding a global license shall notify the SA in advance of licensed space operations, at least three days before the date such operations are expected to take place.
Article 26
Amendment to the license
1. Any change to elements set out in points a), d) and e) of paragraph 1 of article 8 hereof shall be notified to the SA within twenty days at the most.
2. Any other change to elements required under Section I of Chapter II, including the change of the effective beneficiary and the composition of management bodies, or the change of elements relating to the technical, economic and financial capacity, to the description of the space object, or to the activity, plans, systems, processes and user guides, shall only take place further to an authorization from the SA, the corresponding changes being endorsed to the license.
Article 27
Term of the license
1. The unitary license shall be granted for the period of time that corresponds to the licensed operation, which shall be carried out within three years at the most.
2. The global license shall be granted, alternatively:
a) For a specific number of operations, which shall be carried out at the most within three years for launch and return operations and within fifteen years for command and control operations;
b) For a time-limit to be defined by the SA, regardless of the number of operations of the same type to be carried out, up to three years for launch and return operations and fifteen years for command and control operations, taking into account the application submitted by the interested party.
3. The term of the license may be extended, at the duly substantiated request of the interested party, up to twice as long the period defined initially by the SA, under the preceding paragraphs.
SECTION III
Transfer of the license
Article 28
Application
For the purpose of article 11 of DLSA, operators who wish to obtain a prior authorization for the transfer of a license shall submit an application including:
a) All elements relating to the identification and the technical, economic and financial capacity of the transferee, namely those described in articles 8 to 10 hereof;
b) Statement from the transferee that it accepts the transfer of the license as well as all the respective conditions;
c) In the case of command and control operations, a declaration from the State of the transferor, where it is not considered to be the launcher State, that it accepts international obligations on liability for space activities concerned by the license.
Article 29
Procedure
1. The SA shall decide on the authorization or refusal of the transfer within 60 days, and where the transfer is approved, it shall endorse the identification of the transferee in the operator license.
2. The transfer of the license shall be disclosed at the SA website.
Article 30
Transfer
1. The transferee shall be subject to the same duties, obligations and burdens on the transferor, as well as to any other that may be imposed in the transfer authorization.
2. The authorization referred to in this article shall expire where the transaction relating to the transfer is not concluded by the deadline set therein.
SECTION IV
Termination of the license
Article 31
Causes for termination
1. Licenses shall terminate upon:
a) Expiry, under article 13 of DLSA;
b) Relinquishment, under article 14 of DLSA;
c) Cancellation, under article 15 of DLSA.
2. The termination of the license shall be disclosed at the SA website
CHAPTER III
Prequalification
Article 32
Scope of prequalification
1. Under paragraphs 1 and 2 of article 5 of DLSA, operators shall be entitled to apply for prequalification, intended to establish for licensing purposes:
a) That the launch centre operator, the launch and/or return operator and the command and control operator have technical, economic and financial capacity for space operations intended to be carried out;
b) As regards the launch centre operator, that implemented systems and processes observe the applicable law and meet requirements set out in the technical regulation approved by the SA;
c) As regards the launch and/or return operator and the command and control operator, the characteristics and specifications of the respective space object;
d) As regards the command and control operator, systems and processes implemented at the command and control centre.
2. The launch centre operator may be prequalified, the launch and/or return operator being able to submit the respective certificate in the scope of the licensing procedure, even where a different person is concerned.
Article 33
Application
1. The application for prequalification shall attach the elements provided for in Section I of Chapter I hereof, as appropriate.
2. The interested party shall be entitled to apply for the issue of a single prequalification certificate relating to several of the elements provided for in the preceding article.
Article 34
Procedure
1. The application for prequalification, including elements provided for in Section I of Chapter II, as appropriate, shall be ideally submitted by electronic means, through the platform referred to in article 3 hereof, and shall be signed:
a) In the case of a natural person, by the person himself, duly identified, or by his authorised representative, where appropriate, duly identified; or
b) In the case of a legal person, by the person itself, duly identified under the law, or on behalf of it, by a person (persons) duly identified in that capacity with power to perform the act.
2. The application and associated documents shall be submitted in Portuguese or, alternatively, in the original language, duly authenticated, attaching a translation prepared by a certified translator, without prejudice to the possibility of documents of a technical nature being submitted in a language that is easily understood by the SA.
3. The applicant shall indicate whether elements supplied in the scope of a prequalification procedure include confidential data or commercially sensitive information.
4. Upon reception of the application, the SA shall acknowledge the receipt, in writing, informing the applicant of:
a) The date when the application was received;
b) File number;
c) Identification and contact elements of the service handling the process;
d) Without prejudice to the next paragraph, the deadline defined in the law for the final decision, the effects resulting from the lack of a final decision by that date and the applicable means of administrative reaction.
5. The SA shall also verify whether the application was duly submitted and completed, and if not, and in a substantiated manner, the Authority shall request the applicant, in writing, to address the existing shortcomings that may not addressed of its own motion, as well as to provide information deemed to be necessary to assess the application.
Article 35
Issue of the prequalification certificate
1. The SA shall make its decision to grant or refuse the prequalification certificate within 60 days from reception of the full application, which may be extended for further 60 days in very complex situations, duly substantiated.
2. The application shall only be refused through duly substantiated decisions of the SA and for failure to comply with legal and regulatory requirements.
3. The decision on the application shall be notified, in writing, by the SA to the interested party within 5 days, together with the prequalification certificate.
4. The prequalification certificate shall include, in particular:
a) Holder identification;
b) Certificate number;
c) Date of issue;
d) Established fact(s).
5. The granting of the prequalification certificate shall be disclosed at the SA website.
Article 36
Update of information
1. Operators who have obtained a prequalification certificate shall update the information submitted every 3 years, or where any changes to information or elements submitted occur.
2. Where the update of information submitted, under the preceding paragraph, implies amendments to conditions on which the prequalification was based, the SA shall notify the operator to assess whether it intends to open a new prequalification procedure, otherwise the certificate shall be lost.
3. In the case of the preceding paragraph, the initial prequalification certificate shall remain in force up to the notification that a new prequalification certificate has been granted.
Article 37
Termination
1. The prequalification certificate shall terminate in accordance with paragraph 5 and paragraph 6 of article 5 of DLSA.
2. In the cases of the preceding paragraph, the prequalification termination shall require the prior notification of the operator, which shall be entitled to assess the matter, in writing, within such time limit, being not less than 10 days, as the SA shall fix.
CHAPTER IV
Registration and transfer of space objects
Article 38
National register of space objects
1. For the purpose of article 16 of DLSA, the national register of space objects shall include the following information:
a) Responsible launch or return operator;
b) Owner of the space object;
c) Responsible command and control operator;
d) Designation of the space object;
e) National register number;
f) Frequencies allocated by the competent authorities;
g) Date, time (Coordinated Universal Time – UTC – or Greenwich Mean Time – GMT) and launch territory or site;
h) Basic orbital parameters, including nodal period, inclination, apogee and perigee, as well as whether such parameters correspond to the operational or final orbit;
i) General function of the space object;
j) Other launching State(s);
k) Other registers (for example, COSPAR International Designator);
l) Launch vehicle, including the identification of relevant inert parts and operational parts.
2. The national register of space objects shall also include the following information:
a) Transfer of ownership of any space objects registered in Portugal, the launch, return and command and control of which is carried out by operators licensed under DLSA;
b) Change of the launch or return operator or of the command and control operator responsible for the space object, resulting from the transfer of the corresponding license;
c) Any serious incident or accident suffered by the space object;
d) End of the operational life of the space object operated and controlled by a command and control operator licensed in Portugal.
Article 39
Registration of transfer of ownership or of operator
1. The registration of the transfer of ownership of space objects, under point a) of paragraph 2 of the preceding article, shall be undertaken by the transferor, the following elements being required:
a) Register number of the space object the ownership of which is transferred;
b) Identification of the transferee, with information on the name or corporate name, address or registered office, social capital and contacts;
c) Effective date of transfer of the space object;
d) Amendments to other data declared in the register, namely changes to orbital parameters or functions of the space object;
e) Information of whether other responsible States exist.
2. The registration of the change of launch or return operator or of the command and control operator, under point b) of paragraph 2 of article 38 hereof, shall be undertaken by the operator ceasing that operation, the following elements being required:
a) Register number of the space object;
b) Identification of the new launch or return operator or of the command and control operator, with information on the name or corporate name, address or registered office, social capital and contacts;
c) Effective date of transfer of space operations;
d) Amendments to other data declared in the register, namely changes to orbital parameters or functions of the space object;
e) Authorization for license transfer granted by the SA, under article 11 of DLSA.
Article 40
Registration of accidents and of end of operational life
1. The registration of any serious incident or accident suffered by the space object, under point c) of paragraph 2 of article 37 hereof, shall be undertaken by the operator responsible, the following elements being required:
a) Register number of the space object;
b) Date and time (UTC or GMT) when the serious incident or accident occurred;
c) Amendments to information declared in the register resulting from the serious incident or accident, namely changes to orbital parameters or functions of the space object;
d) Territory and site where the serious incident or accident occurred.
2. The registration of the end of the operational life of a space object operated and controlled by a command and control operator licensed in Portugal shall be undertaken by the respective operator, the following elements being required:
a) Register number of the space object;
b) Changes in the status of the command and control operation (UTC or GMT date and time) namely resulting from the performance of the last deorbiting manoeuvres and passivation activities, loss of control of the space object and start of the return to Earth or full disintegration of the space object in the atmosphere.
Article 41
Additional elements for registration purposes
The SA shall be entitled to determine the obligation to make available elements other than those provided for in the preceding articles, including those required for compliance with international standards or resolutions.
Article 42
Procedure
1. For the purpose of the registration with the SA, the responsible operator shall submit the information within 2 days from the launch of the space object or the occurrence of facts referred in articles 39 or 40 hereof.
2. Any update or amendment to information included in the register shall also be notified by the operator to the SA, within 2 days from the occurrence of corresponding facts.
Article 43
Other communications
1. The SA, through the Ministry of Foreign Affairs (MFA) shall notify the UN Secretary-General of all information required for the registration of space objects with the United Nations, in accordance with applicable international obligations.
2. The notification of the SA to the MFA relating to new registrations or the amendment of an existing record shall take place within at the most 30 days from the declaration of those elements in the national register of space objects.
3. The SA shall be required to convey information on the area where space debris has fallen to the competent bodies of relevant States or international organizations.
CHAPTER V
Transfer of ownership of space objects
Article 44
Transfer
For the purpose of paragraph 1 of article 17 of DLSA, the transfer of ownership of space objects, the launch, return or command and control of which is carried out by licensed operators, shall be notified to the SA.
Article 45
Communication
For the purpose of the preceding article, the communication shall include the following information:
a) Elements of identification of the transferee:
i) Name or corporate name;
ii) Address or registered office;
iii) Social capital; and
iv) Contacts (telephone number and email address).
b) Elements of identification of the operator, where the command and control operation of the space object has also been transferred and the transfer of the license does not take place:
i) Full name;
ii) Address; and
iii) Contacts (telephone number and email address).
CHAPTER VI
Models, minutes and forms
Article 46
Models and minutes
For the purpose of a proper implementation of this regulation, the SA shall be entitled to approve models for applications and communications provided for in Chapters II and III, namely the following minutes:
a) License minute;
b) Prequalification certificate minute.
Article 47
Forms
For the purpose of a proper implementation of this regulation, the SA shall be entitled to approve forms, namely those corresponding to application models for licenses, qualification certificates, license transfers and registration of space objects, made available at the platform referred to in article 3.
CHAPTER VI
Final provisions
Article 48
Publication
1. The SA shall publish at its website the following lists:
a) List of entities holding prequalification certificates, with information on the scope of the concerned document in each case;
b) List of entities holding licenses for the exercise of launch and/or return operations and command and control operations;
c) List of registered space objects;
d) List of terminated licenses.
2. The SA shall also publish at its website the National Register of Space Objects, without prejudice to legal provisions on the protection of personal data and of confidential information or commercially sensitive information.
Article 49
Time-limits
The calculation of time-limits provided for herein shall be governed by article 87 of the Code of Administrative Procedure.
Article 50
Transitional provision
Until the platform provided for in article 3 has been implemented, all communications, submission of or access to documents, namely applications and minutes, certificates and notifications, all well as opinions provided for herein, shall take place through the alternative means made available by the SA.
Article 51
Review
The SA shall assess the implementation of this regulation within at the most 2 years after the grant of the first license or prequalification certificate.
Article 52
Entry into force
This regulation shall enter into force on the day following that of its publication in the Official Gazette.
Date: 6 June 2019
Name: João António Cadete de Matos
Position: Chairman of the Management Board
