Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Decree-Law
(This is not an official translation of the Law)
Decree-Law No 16/2019, of 22 January, established the regime of access to and exercise of space activities. Since then, the space sector has become increasingly important worldwide and plays a growing role in Portugal.
On the one hand, there is a growing interest in ensuring access to space due to the increasing demand for launch centres by operators of mega-constellations of small satellites and the growing number of countries with space activities. Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021, establishing the European Union Space Programme and the European Union Agency for the Space Programme reflects this trend. This Regulation underlines the importance of ensuring European autonomy in access to space, and its article 5 states that this programme shall support the procurement and aggregation of launching services for the needs of the Programme and, at their request, the aggregation for Member States and international organisations. On the other hand, the new geo-strategic challenges have clearly demonstrated the role of space technologies and data in responding to them, as well as the impact of the space sector on the strategic and security interests of countries.
Developments at national and international level therefore call for a review of the regime for access to and exercise of space activities in order to bring it into line with the new trends and needs of the sector.
This Decree-Law therefore creates a national licensing system for launch centres on national territory. Decree-Law No 16/2019, of 22 January deliberately does not regulate access to this activity. Today, however, the growing demand for launch centres and Europe’s interest in access to space make it necessary to have a specific legal framework for the activity of operating launch centres, which allows any actor, including private individuals, to establish and operate launch centres safely and while safeguarding national strategic interests. This licensing regime will promote opportunities and flexibility in the establishment and operation of launch centres in the country, in line with trends and best practices in this field.
In this context, and notwithstanding the fact that the Space Authority is the licensing body, the Government of the Republic plays a central role in this regard, and is responsible for the prior examination and approval of launch centre licencing applications, in order to ensure that national interests are respected. At the same time, the Portuguese Space Agency is also expected to participate, not only to give its opinion in view of its role in promoting the country’s space sector, but also to assess the procedure for the Government’s prior approval. This global approach to the licensing of space launch centres ensures a favourable framework for applicants (who continue to benefit from a single point of contact through the Space Agency as a one-stop-shop, and now also benefit from the intervention of the Portuguese Space Agency) and for the national interest.
The involvement of the Autonomous Regions of the Azores and Madeira is guaranteed by the fact that they are consulted and issue a binding opinion on the establishment of launch centres in their territory, taking into account the potential for the development of the space sector in the Autonomous Regions and the pursuit of a European space strategy for access to space. This Decree-Law also provides for the notification of the Autonomous Regions of the Azores and Madeira in the case of the granting of licences for launch and/or return space operations and in the case of the transfer of licences for launch and/or return space operations or launch centres, when these are operated from their territory.
The role of the Portuguese Space Agency in licensing procedures is one of the issues addressed in this review of the regime of access to and exercise of space activities. Indeed, since its creation, the Portuguese Space Agency has demonstrated its central role in the space sector, with an unrivalled knowledge of the country’s space sector, its concerns and ambitions. It is therefore an essential element in providing an opinion, within the limits of its powers and competences, on licensing procedures, assisting the Government in the licensing of launch centres, as mentioned above, and assisting the Space Authority in the licensing of space operations, by providing an opinion.
This amending Decree-Law was also used to update a number of points in the light of experience. Firstly, the reference to the sustainability of space activities has been explicitly added. Although sustainability issues were already reflected in Decree-Law No 16/2019, of 22 January, their importance has now been reinforced, in line with international developments in this field, namely the United Nations Guidelines for the Long-Term Sustainability of Outer Space Activities.
Experimental activities have also been defined in order to clarify the type of activities that can benefit from a special licencing regime and a waiver or reduction in the amount of insurance. These are activities that are central to the development of the sector and to which Portuguese organisations are increasingly dedicated, so it is necessary to ensure that their framework is clear.
Once the launch centre operation has been licensed, their prequalification is no longer necessary, given the territorial scope of the Decree-Law. The purpose of the prequalification was to allow the Space Authority to have information on space launch centres in order to facilitate the licensing procedure of space operations, as there was no need to submit information on the prequalified launch centre. The Space Authority will already have this information through the licensing procedure, so prequalification is no longer necessary. In addition, the definition of launch centre operation has been revised to include its exploitation (i.e. services related to space operations, for one’s own benefit or that of a third party), as these services are a fundamental element to be analysed in the licensing procedure.
The definition of a space object and of a launch and/or return operation has also been revised to make it clear that for these purposes space also exists below Earth’s orbit, although of course it remains a separate concept from airspace.
The types of licences for space activities now include the joint licence, in addition to the unitary and global licences. The joint licence is similar to the joint licence previously provided for in article 6 of the aforementioned Decree-Law, but the operations to which it applies are more precisely defined.
In addition to the joint licence, there is the possibility of a single licensing procedure for space activities of the same or different nature carried out by more than one operator, with a licence being issued to each of the operators involved. This new approach will give operators additional freedom to decide how they wish to organise themselves for the purposes of licensing related space activities, either through a joint licence or through a single procedure resulting in several licences for each operator.
In order not to place an excessive burden on space activities carried out outside the national territory by Portuguese operators or those established in the national territory, it is stipulated that they may benefit from a special licensing regime to be approved by the Space Authority. On the other hand, the role of the Space Authority and the Portuguese Space Agency in promoting agreements with other States to waive licensing requirements in these cases is expressly recognised.
This amendment clarifies that launch and/or return licences and command and control licences, i.e. for access to and use of outer space, are national in scope, thus allowing their holder to carry out the licensed activities from anywhere within the national territory, dispensing with other legal titles for the same purpose.
The self-government bodies of the Autonomous Regions, Autoridade Nacional de Comunicações (the National Communications Authority) and Autoridade Nacional de Aviação Civil (the National Civil Aviation Authority) were consulted.
Therefore:
Under point a) of paragraph 1 of article 198 of the Constitution, the Government hereby rules as follows:
Article 1
Subject-matter
This Decree-Law introduces the first amendment to Decree-Law No 16/2019, of 22 January, which approves the regime of access to and exercise of space activities.
Article 2
Amendment to Decree-Law No 16/2019, of 22 January
Articles 1 to 12, 14 to 17, 19, 20, 22, 24 to 26 and 28 of Decree-Law No 16/2019, of 22 January are hereby amended as follows:
«Article 1
[...]
[...]
a) [...]
b) [...]
c) [...]
d) Ensuring that space activities are sustainable, guaranteeing the benefits of space for future generations, in accordance with applicable international principles;
e) Protecting the political and strategic interests of the Portuguese Republic, ensuring that private space activities do not conflict with them.
Article 2
[...]
1 - This Decree-Law shall apply:
a) To space activities and launch centre operations carried out on national territory, including sea and air space under Portuguese jurisdiction or sovereignty, on board Portuguese vessels and aircraft or from facilities under Portuguese jurisdiction or sovereignty, irrespective of the nationality of the operator; and
b) To space operations carried out outside the national territory by Portuguese operators or operators established on the national territory.
2 - [...]
3 - [...]
4 - [...]
Article 3
[...]
[...]
a) «Space activities» shall mean space operations and launch centre operations;
b) «Experimental activities» shall mean any space activity that is primarily aimed at researching, creating, developing, testing or validating new concepts, products, services, technologies or procedures, even if it may simultaneously have commercial purposes;
c) «Launch centre» shall mean any fixed or mobile facility, intended for the launch and/or return of space objects, including all equipment of that facility required for launch or return purposes;
d) «Exploitation of a launch centre» shall mean the provision of services related to space operations from a launch centre, such as transportation, reception, testing, inspection, storage, processing, maintenance, collection and data processing, for one’s own benefit or for the benefit of a third party;
e) [Former introductory wording of point b).]
i) An object launched or intended to be launched into space, either below, in or beyond Earth orbit;
ii) Any vehicle designed to launch or return an object as defined in the previous subparagraph, even if operated without such an object, including in the context of experimental activities, hereinafter referred to as a launcher;
iii) [Former point b) iii).]
f) «Launch centre operation» shall mean the management, administration or direction and exploitation of a launch centre;
g) [Former introductory wording of point d).]
i) «Launch and/or return operation» shall mean the activity of sending or launching space objects into space, whether below, in or beyond the Earth orbit, and the return of space objects in orbit to the surface of the Earth, the launch operation, where applicable, beginning when it becomes irreversible and ending with the separation of the launcher from the object to be placed in space;
ii) «Command and control operation» shall mean the activity consisting in exercising control over the space object in space, even temporarily or in transit, or, where the object cannot be controlled or guided, the activity consisting in contracting for its launch or its exploitation, beginning, where applicable, with the separation of the launcher and the space object it has launched, and ending when the first of the following occurs:
a) [Former point d) ii) a).]
b) [Former point d) ii) b).]
c) [Former point d) ii) c).]
h) «Launch centre operator» shall mean the natural or legal person that manages, administers, directs and exploits a launch centre;
i) [Former point f).]
j) [Former point g).]
Article 4
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1 - [...]
a) [...]
b) Compulsory license for launch centre operations; and
c) [Former point b).]
2 - [...]
3 - [...]
Article 5
[...]
1 - [...]
2 – Prequalification shall exempt the submission of the information included in the prequalification certificate in the licensing procedure for space operations provided for in the following articles and shall be intended to certify:
a) The technical, economic and financial capacity of the launch centre operator, the launch and/or return operator and the command and control operator for the space activities they intend to carry out;
b) (Repealed.)
c) [...]
d) The systems and procedures implemented in command and control operations, for the command and control operator.
3 - [...]
4 - [...]
5 - [...]
a) [...]
b) [...]
c) Modification of the conditions for granting the prequalification referred to in the preceding paragraph, in particular where these affect the technical, economic or financial capacity of the operator or the regular and proper functioning of the elements checked;
d) [...]
e) [...]
6 – Prequalification may also expire by decision of the Space Authority in cases where it has been granted to an operator holding a licence and that licence expires, provided that the holding of that licence had a relevant impact on the conditions for granting prequalification.
7 - [...]
Article 6
[...]
1 – The licence for each type of space operation shall be obtained from the Space Authority and may be of one of the following three types:
a) A unitary licence, applicable to a single space operation;
b) A global licence, applicable to a series of space operations of the same type or to a series of space operations of different types carried out by the same operator;
c) A joint licence, applicable to space operations of the same or different type carried out by more than one operator, in which case the licence shall be granted to only one of the operators involved in the operations in question.
2 - The joint licence may be:
a) Integrated, where the licence covers a launch and/or return operation of the launcher and one or more launch operations of the space objects launched by that launcher, and may also cover the command and control operations of those objects;
b) Multiple, where the licence covers a series of launch and/or return operations of the launcher(s) and one or more launch operations of the space objects launched by the launcher(s), and may also cover the command and control operations of those objects.
3 – The operator holding a global licence or a multiple joint licence must give prior notice to the Space Authority of the licensed space operations at least seven days before such operations are to take place.
4 – The Space Authority shall immediately transmit the prior notice received in accordance with the preceding paragraph:
a) To Direção-Geral dos Recursos Naturais, Segurança e Serviços Marítimos (DGRM - the Directorate-General for Natural Resources, Safety and Maritime Services), in the case of space operations involving the launch and/or return operations in national maritime space;
b) To the Autonomous Regions of the Azores and Madeira, in the case of space operations involving the launch and/or return operations from their land or sea territory, including, in this case, the sea areas adjacent to the respective archipelagos;
c) To the Portuguese Space Agency.
Article 7
[...]
1 - [...]
a) [...]
b) [...]
c) [...]
d) The space operation is consistent with public safety standards, including those relating to public health and the safety of persons and property;
e) [...]
f) [...]
g) [...]
2 – The criteria for assessing compliance with the conditions set out in the preceding paragraph shall be specified in a regulation to be issued by the Space Authority.
3 - [...]
Article 8
[...]
1 – The procedure for granting licences shall be set out in a regulation to be approved by the Space Authority, and the decision on the granting of a licence shall be taken by the Space Agency within 90 days of receipt of the application.
2 – The regulation to be approved by the Space Authority may provide for a single procedure for the licensing of space operations of the same or different nature carried out by more than one operator, with a licence being granted to each of the operators involved.
3 - (Former introductory wording of paragraph 2.)
a) In the case of the unitary licence and the integrated joint licence, the information and documentation required for the other authorisations shall be submitted to the Space Authority together with the information and documentation required to obtain the licence for space operations;
b) In the case of the global licence and the multiple joint licence, and if so directed by the Space Authority, the information and documentation required for the other authorisations shall be provided prior to each operation and the operator shall not carry out the space operation without such authorisations.
4 – Where the operator has applied directly to the competent authorities for any other authorisations which may be required in accordance with paragraph 1 f) of the preceding article, the operator shall inform the Space Authority of the authorisations obtained.
5 – The following opinions shall be required for the granting of licences for space operations, without prejudice to any other opinions that may be required by law:
a) An opinion from the DGRM, within the scope of its powers, on the launch and/or return operations taking place in the national maritime space, in fulfilment of paragraph 1 d) of article 7; and
b) An opinion from the Portuguese Space Agency, within the scope of its powers, in fulfilment of paragraph 1 a) of article 7.
6 – The Space Authority shall notify the Autonomous Regions of the Azores and Madeira of the granting of licences for launch and/or return operations carried out from their land or sea territory, including, in this case, the sea areas adjacent to the respective archipelagos.
7 - (Former introductory wording of paragraph 4.)
a) [Former point a) of paragraph 4.]
b) The proposed space operation is exclusively for scientific, research and development, educational or training purposes, or involves experimental activities that have been demonstrated to pose a low risk to the Earth’s surface, airspace and outer space, including public health and the safety of people and property;
c) The space operation is carried out outside the national territory by Portuguese operators or by operators established in the national territory;
d) [Former point c).]
8 – The Space Authority may require the holder of a global licence or a multiple joint licence to submit the information included in the prequalification certificate terminated pursuant to paragraphs 5 and 6 of article 5 in order to carry out space operations under the global licence or the multiple joint licence, and the said space operations may not be carried out without written confirmation by the Space Authority that the said information complies with this Decree-Law, to be issued within 30 days of the submission of the complete information by the operator.
Article 9
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1 - [...]
2 - [...]
a) [...]
b) To register space objects, in accordance with article 16;
c) [...]
d) [...]
e) [...]
Article 10
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1 – Unit licences and integrated joint licences shall be granted for the period of time corresponding to the licensed operations.
2 – Global licences and multiple joint licences may be granted for a specified number of operations or for a specified period of time after issuance.
3 – Licences for launch centre operation shall be granted for an initial period of not more than 15 years, without prejudice to their renewal, under the conditions laid down in a regulation to be issued by the Space Authority, in accordance with the provisions of paragraph 1 of article 9-C, which may be granted only if there has been no legal, regulatory, strategic or other change affecting the conditions referred to therein.
Article 11
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1 - [...]
2 - [...]
3 – The Space Authority shall decide on the transfer of the licence within 60 days, in the case of licences for space operations, and within 120 days, in the case of licences for launch centre operation and shall endorse the identity of the transferee on the operator’s licence where the transfer is approved.
4 – The transfer of licences for launch centre operation shall be subject to prior approval by the Government, which may delegate it to the Portuguese Space Agency.
5 – The Space Authority shall notify the Autonomous Regions of the Azores and Madeira of the transfer of the following licences:
a) Launch and/or return operations from their land or sea territory, including, in this case, the sea areas adjacent to the respective archipelagos; and
b) Operations from launch centres located on their land or sea territory, including, in this case, the sea areas adjacent to the respective archipelagos.
6 - (Former paragraph 4.)
7 - (Former paragraph 5.)
Article 12
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1 - [...]
2 - [...]
a) Order the operator, at its own expense, to take the necessary measures to ensure the temporary continuation or safe shutdown of the space operation and the launch centre operation, as appropriate, and to limit the risk of damage, including, where appropriate, for launch centres, their dismantling, the operator remaining bound by all the obligations arising from this Decree-Law and its licence to that effect;
b) Transfer the exercise of the space operation or the launch centre operation, as appropriate, to another interested operator in order to ensure the continuity of the operation or, in the case of a licence for space operations, take the necessary measures to de-orbit or destroy the space object at the expense of the operator whose licence has been terminated.
3 - (Repealed.)
Article 14
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1 - [...]
2 – Notice of surrender of a licence must be given in writing to the Space Authority at least 120 days before the intended date of surrender in the case of a licence for space operations, and at least 180 days before the intended date of surrender in the case of a licence for launch centre operations, unless a shorter period is expressly authorised by the Space Authority.
Article 15
[...]
1 - The licence shall be revoked by the Space Authority in the following situations:
a) Where its holder fails to fulfil the obligations relating to the exercise of the activity, as provided for by the law and the respective licence, including where, for whatever reason, the necessary authorisations issued by other competent bodies are no longer in force or the compulsory civil liability insurance, if required, is no longer in force or does not allow the applicable conditions to be guaranteed;
b) [...]
c) [...]
d) [...]
e) For imperative reasons relating to the protection of the strategic interests of the Portuguese Republic.
2 - [...]
Article 16
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1 - [...]
2 - [...]
a) [...]
b) [...]
c) [...]
d) [...]
e) [...]
f) [...]
g) Any other information that may be deemed necessary or useful in the context of the international registration of space objects.
3 – The following information shall also be entered in the register at the Space Authority, where it has not been already entered in accordance with the previous paragraphs:
a) Space objects, the launch, return or command and control of which are licensed in Portugal, including their technical characteristics and specifications, with the operator being responsible for their registration;
b) The transfer of ownership of any space objects, the launch, return and command and control of which is licensed under this Decree-Law, with the respective transferor being responsible for their registration;
c) The end of the useful life of a space object whose operation and control was licensed in Portugal, with the respective command and control operator being responsible for their registration;
d) [...]
4 - [...]
5 – The operator shall submit the information for the register to the Space Authority within two days after the launch of the space object or the relevant event for the purposes of entering, updating or amending the information in the register.
6 - [...]
7 - The register of space objects shall be public and the Space Authority shall develop mechanisms to protect commercially sensitive or classified information that may be contained therein.
8 - [...]
Article 17
[...]
1 – The transfer of ownership of space objects the launch, return or command and control of which has been licensed under this Decree-Law shall be notified to the Space Authority under the conditions and with the information to be specified in a regulation to be issued by the latter.
2 - [...]
Article 19
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1 - [...]
2 – The holder of the space operations licence shall provide evidence of the existence of the policy at the time of application for the licence and thereafter by 31 January each year, with the effective coverage of the risk commencing at the time the licence is granted.
3 - [...]
Article 20
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1 - [...]
2 – Operators shall immediately report to the Space Authority, Autoridade Nacional de Emergência e Proteção Civil (ANEPC - the National Emergency and Civil Protection Authority), Gabinete de Prevenção e Investigação de Acidentes com Aeronaves e de Acidentes Ferroviários (the Air and Rail Accident Prevention and Investigation Bureau), Gabinete de Investigação de Acidentes Marítimos (the Maritime Accident Investigation Bureau) and Autoridade para a Meteorologia Aeronáutica (the Aeronautical Meteorology Authority), in relation to activities carried out in national maritime space, any serious accident occurring in their facilities or within the scope of their space activity which may have external consequences.
3 - [...]
4 – The ANEPC shall operate within the framework of the Sistema Integrado de Operações de Proteção e Socorro (Integrated System of Relief and Protection Operations), in collaboration with the participating entities.
5 - [...]
6 – For the purposes of the preceding paragraphs, the Space Authority shall provide ANEPC with a list of licensed operators and their location.
Article 22
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1 - [...]
2 - [...]
3 - [...]
4 – In particular, the Space Authority shall publish on its website all relevant information concerning prequalification certificates and licences issued, operators of space activities and registered space objects.
5 - (Former paragraph 4.)
6 – The Space Authority and the Portuguese Space Agency shall cooperate with a view to expediting licensing procedures within the scope of their respective competences, in particular by coordinating the requests for opinions referred to in paragraph 2 of article 9-C and paragraph 4 a) of article 9-D.
Article 24
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1 - [...]
a) The pursuit of space activities by operators without the appropriate licence;
b) Failure by the operator holding the licence to comply with the conditions under which the licence was granted, as set out in article 7 and article 9-B, as well as the obligations set out in paragraph 2 of article 9, paragraph 2 of article 9-E and the respective development regulations;
c) [...]
d) [...]
e) [...]
f) [...]
g) Provision of false or incorrect information in the scope of the licensing or prequalification procedure, in violation of articles 5, 7 and 9-B;
h) [...]
i) Transfer of a licence in breach of the conditions laid down in article 11;
j) Failure to provide information, or providing false or incorrect information, in order to obtain other authorisations referred to in paragraph 3 of article 8 and paragraph 4 of article 9-C;
k) [...]
l) [...]
m) Failure to give prior notice of space operations, in violation of paragraph 3 of article 6;
n) Carrying out space operations under the global licence or the multiple joint licence without confirmation by the Space Authority that the information contained in the expired prequalification certificate complies with the provisions of this Decree-Law, in violation of paragraph 8 of article 8;
o) Failure to comply with determinations of the Space Authority adopted pursuant to paragraph 2 of article 12.
2 – Administrative offences provided for in points a) to f), n) and o) of the preceding paragraph shall be punishable by a fine of between (Euro) 1,000.00 and (Euro) 3,740.98 and between (Euro) 10,000.00 and (Euro) 44,891.81, depending on whether they are committed by a natural or a legal person.
3 - [...]
4 - [...]
5 - [...]
6 – Administrative offences committed through attempt or negligence shall be punishable.
7 - [...]
8 – The administrative offences referred to in the preceding paragraphs shall be punishable in accordance with the legal framework for administrative offences, which shall be applicable to all matters not regulated by this Decree-Law.
Article 25
[...]
1 – The administrative offence referred to in paragraph 1 a) of the previous article may be subject to the additional sanction of a ban on the development of space activities for a period of between six months and two years in the case of failure to obtain a licence for space operations, and for a period of between two and four years in the case of failure to obtain a licence for launch centre operations.
2 – The administrative offences referred to in points b), d), e), f) and g) of paragraph 1 of the previous article may be subject to the additional sanction of suspension of the licence or ban on the development of space activities for a period of between six months and two years in the case of failure to obtain a licence for space operations, and for a period of between two and four years in the case of failure to obtain a licence for launch centre operations, provided that:
a) [...]
b) [...]
Article 26
[...]
1 - [...]
2 - [...]
3 - [...]
4 – In the case of administrative offences committed on the land or sea territory of the Autonomous Regions, including adjacent sea areas, 60% of the fines shall be paid to the State, 30% to the Autonomous Region concerned and 10% to the Space Authority.
5 - (Former paragraph 4.)
6 – The Space Authority shall be entitled to give appropriate publicity to the fines and additional penalties imposed under this Decree-Law, in accordance with the general legal framework for administrative offences.
Article 28
Fees and charges
The fees and charges payable pursuant to this Decree-Law may be established by Decree-Law, which shall promote the economic and financial sustainability of the Space Agency’s activities, in particular through the collection of fees and contributions from companies and other entities subject to its supervisory powers.»
Article 3
Addition to Decree-Law No 16/2019, of 22 January
Articles 9-A to 9-E and articles 22-A and 29-A are hereby added to Decree-Law No 16/2019, of 22 January, and shall read as follows:
«Article 9-A
Launch centre licence
Licences for launch centre operation shall be obtained from the Space Authority.
Article 9-B
Conditions for the granting of licences
1 – The licence for launch centre operation shall be granted after the Space Authority has verified that:
a) The applicant has the technical, economic and financial means to establish and operate the launch centre, and is of recognised good repute and credibility;
b) The proposed location of the launch site, its installation, infrastructure and operation:
i) Adequately ensure the safety of the launch and/or return operations;
ii) Are consistent with applicable public safety standards, including those relating to public health and the safety of persons and property;
iii) Ensure environment protection and waste management and minimise space debris to the maximum extent possible, in accordance with applicable international principles and obligations;
iv) Respect the strategic interests of the Portuguese Republic and its international obligations, without jeopardising its internal security;
v) Comply with all other applicable rules;
c) All other authorisations and permits required for the location, installation and operation of the launch centre have been granted by the respective competent authorities, including the relevant regional authorities within the scope of their powers, where the proposed location of the launch centre is on their land or sea territory, including, in this case, the sea areas adjacent to the respective archipelagos.
2 – Without prejudice to article 9-D, the criteria for assessing compliance with the conditions set out in points a) and b) of the previous paragraph shall be specified in a regulation to be issued by the Space Authority.
3 - The licence may require compliance with conditions other than those referred to in paragraph 1, which must be expressly accepted by the operator, failing which the licence shall not be granted.
Article 9-C
Licensing procedure
1 – The procedure for granting a licence shall be defined in a regulation to be approved by the Space Authority, and the decision on the granting of the licence shall be issued by the Space Authority within 240 days of receipt of the application.
2 – The Space Authority may request the views and opinions it considers relevant to its decision on the award of the licence.
3 – The granting of a licence for launch centre operation shall also require the prior approval of the Government, in accordance with the following article, in fulfilment of paragraph 1 a) and b) of article 9-B.
4 – For the purpose of obtaining any other authorisations that may be required in accordance with paragraph 1 c) of the previous article, the information and documents required for such authorisations shall be submitted to the Space Authority together with the information and documents required for obtaining the licence.
5 – Where the operator has applied directly to the competent authorities for any other authorisations which may be required under paragraph 1 c) of the previous article, the operator shall inform the Space Authority of the authorisations obtained.
Article 9-D
Prior approval of the launch centre
1 – The members of the Government responsible for defence, the sea, where it is located in the national maritime space, and science and technology shall be responsible for giving prior approval to the launch centre within 210 days of receipt of the application from the Space Authority.
2 – The prior approval referred to in the previous paragraph shall be assessed by the Portuguese Space Agency, in accordance with paragraph 4, which, in this capacity, shall consult the Autonomous Regions, in accordance with and for the purposes of paragraph 4 b).
3 - The Space Authority shall send to the Portuguese Space Agency:
a) The licence application, within 5 days of receipt of the application;
b) Its draft decision on whether or not to grant the licence, within 80 days of receipt of the application.
4 – As part of the prior approval assessment procedure, the Portuguese Space Agency shall be responsible, in particular, for:
a) Obtaining the views of the relevant public bodies;
b) Consulting the Autonomous Regions of the Azores and Madeira, where the proposed location of the launch centre is on their land or sea territory, including in this case the sea areas adjacent to the respective archipelagos, whereby the Autonomous Regions shall be required to give a binding opinion within 90 days at the most;
c) Delivering an opinion for the purposes of paragraph 1a) of article 9-B, within the limits of its powers;
d) Requesting all information and additional information it deems relevant, including from the Space Authority;
e) Submitting a preliminary draft decision to the Government no later than 160 days after receipt of the application by the Space Authority, together with all the opinions and information gathered, including its own opinion and the draft decision of the Space Authority.
5 – The time limits provided for in this article may be reduced by one third by the Portuguese Space Agency in the cases provided for in paragraph 6 of article 9-C.
6 – The Government’s prior approval may, as a condition for granting it, require compliance with conditions relating to the location, construction and operation of the launch centre, which may include conditions of an economic, financial, technological, environmental, safety of persons and property and internal security nature.
7 – The conditions imposed by the Government in accordance with the preceding paragraph shall be reflected in the licence issued by the Space Authority in accordance with paragraph 3 of article 9-B.
Article 9-E
Rights and duties of the licence holder
1 – The granting of a licence for launch centre operation entitles its holder to install and operate the launch centre in accordance with the provisions of this Decree-Law and the content of the relevant licence, without prejudice to paragraph 1c) of article 9-B.
2 – It shall be the duty of the licence holder to comply with all applicable laws and regulations and with the terms and conditions of the licence granted.
Article 22-A
Portuguese Space Agency
1 – The Portuguese Space Agency shall participate, within the limits of its powers and competences, in licensing procedures for the activities provided for in this Decree-Law, in order to:
a) Support the development of space activities and the space business sector in the country;
b) Facilitate dialogue and coordination between the various parties involved in licensing procedures;
c) Provide its opinion on licence applicants and their space activities, based on its knowledge of the sector and the market.
2 - For the purposes of the preceding paragraph, the Portuguese Space Agency shall be responsible for:
a) Delivering the opinions requested of it under this Decree-Law;
b) Assessing the prior approval procedure referred to in article 9-D;
c) Co-operating with the Space Authority, including for the purposes of paragraph 6 of article 22;
d) Cooperating with all other competent authorities and services, within the scope of their respective competences, on matters of common interest and as necessary for the proper pursuit of the objectives of this Decree-Law;
e) Any other matters provided for in its Statutes and in this Decree-Law.
Article 29-A
Administrative digitalization and simplification
1 – The website and the electronic forms provided by the Space Authority for the purposes of this Decree-Law shall also be available through the single portal for services.
2 – Notices and communications under the procedures established by this Decree-Law shall preferably be made by electronic means, namely by using the public electronic notification service associated with the single digital address, if the recipient has subscribed to it, in accordance with Decree-Law No 93/2017, of 1 August, or other electronic platforms made available for this purpose.
3 – Documents in electronic format submitted by applicant bodies under this Decree-Law shall preferably be signed with a qualified electronic signature or equivalent.
4 – Applicant bodies shall be exempted from submitting documents held by public administration services and bodies where they agree to have such documents obtained through the Public Administration Interoperability Platform or through the mechanism provided for in paragraph 2 of article 4-A of Law No 37/2014, of 26 June, as it stands.
5 – The exchange of information between the various bodies under this Decree-Law must be carried out using the Public Administration Interoperability Platform (iAP).
6 – The publication, dissemination and availability, for consultation or any other purpose, of information, documents and other content which, by their nature and in accordance with this Decree-Law, can or should be made available to the public, without prejudice to the simultaneous use of other means, shall be available in open formats that allow machine reading, to be published or indexed on the Public Administration Open Data Portal.»
Article 4
Systematic amendment
In Chapter II of Decree-Law No 16/2019, of 22 January, a Section III is added, entitled “Licensing of launch centre operations”, which includes articles 9-A to 9-E».
Article 5
Regulations
1 – The regulations referred to in articles 5, 8, 16 and 17 of Decree-Law No 16/2019, of 22 January, as amended by this Decree-Law, shall be revised within 180 days of the entry into force of this Decree-Law.
2 – The regulation referred to in article 9-C of Decree-Law No 16/2019, of 22 January, as amended by this Decree-Law, shall be approved within 240 days of the entry into force of this Decree-Law.
Article 6
Repealing provision
Paragraph 2 b) of article 5, paragraph 3 of article 12 and articles 27 and 29 of Decree-Law No 16/2019, of 22 January, are hereby repealed.
Article 7
Temporal application
1 – This Decree-Law shall apply to the licensing procedures for space operations initiated after the date of its entry into force.
2 – This Decree-Law shall apply to all licences in force and to those to be issued following procedures initiated before the date of entry into force of this Decree-Law.
Article 8
Entry into force
This Decree-Law shall enter into force on the day following its publication.
Seen and approved by the Council of Ministers on 7 December 2023. - António Luís Santos da Costa - Maria Helena Chaves Carreiras - António José da Costa Silva - Elvira Maria Correia Fortunato.
Promulgated on 29 January 2024.
Let it be published.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on 30 January 2024.
The Prime Minister, António Luís Santos da Costa.
