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Integrated applications: a new way forward for Europe — Some legal thoughts

  • Frans G. von der Dunk
Part of the Yearbook on Space Policy book series (YEARSPACE)

Abstract

At the most recent ESA Ministerial Council, it was decided amongst others to establish an Integrated Applications Promotion (IAP) programme, essentially combining in one infrastructure Earth observation, telecommunications and navigation applications. ESA’s website itself announced in somewhat greater detail: “The Integrated Applications Promotion (IAP) programme (ARTE S element 20, Phase 1) will foster the use of integrated space systems and technologies (telecommunications, Earth observation, meteorology, etc.) alone or in combination with a variety of terrestrial systems, in a wide range of operational services for society and public policies (natural disaster monitoring and mitigation, search and rescue). The programme is based on two elements: basic activities (raising awareness of the potential users, identifying potential new services and preparing new projects for demonstration) and demonstration activities (projects that will lead to pre-operational services). Service providers, industry and user institutions will be involved from the outset with a view to their taking over the service when the activity is mature enough to lead to sustainable operational services.” 571

Keywords

North Atlantic Treaty Organisation Legal Thought Earth Observation Data Peaceful Purpose Space Treaty 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Notes

  1. 571.
    “Ensuring Competitive and Innovative Industries. Telecommunications and the ARTES Programme.” 18 Nov. 2008. ESA. 12 July 2009. http://www.esa.int/SPECIALS/Ministerial_Council/SEMUIWSHKHF_0.html. Emphasis added.
  2. 572.
    Art. II, Convention for the Establishment of a European Space Agency (hereafter ESA Convention), Paris, done 30 May 1975, entered into force 30 October 1980; 14 ILM 864 (1975); Space Law-Basic Legal Documents, C.I.1.Google Scholar
  3. 573.
    Art. V(1.a), esp. sub (i) & (iii), ESA Convention; see further Art. XI, on decision-making by the Council, & Art. XIII, on financial contributions.Google Scholar
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    Art. V(1.a), sub (ii), resp. Art. V(1.b), sub (i) & (ii), ESA Convention.Google Scholar
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    See Art. XI(5.a), sub (i) & (ii), ESA Convention.Google Scholar
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    See Art. XIII(2), ESA Convention; even though the clause is phrased the other way around, it essentially amounts to an á la carte system of participation by Member States to optional activities.Google Scholar
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    Art. II, ESA Convention.Google Scholar
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    The Western European Union (WEU), established by means of the Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defence, Brussels, done 17 March 1948, entered into force 25 August 1948, was originally envisaged to be the ‘defence version’ of the European communities being developed in the late 1940s and 1950s. Currently, it is in the (long-drawn, and still-disputed) process of being integrated into European Union structures.Google Scholar
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    The North Atlantic Treaty Organisation (NATO) was established by the North Atlantic Treaty, Brussels, done 4 April 1949, entered into force 24 August 1949; 34 UNTS 243; TIAS No. 1964; 63 Stat. 2241. NATO was designed to take care of all defence issues of Europe in the context of the Cold War in close alliance with, read under the leadership of, the United States.Google Scholar
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    See however further infra, para. 3.Google Scholar
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    This was essentially taken care of by involving a ‘Galileo security centre’ in the overall governance scheme for the Galileo system, as well as specific security-related regulations; see European Parliament and Council of the European Union. Regulation of the European Parliament and of the Council on the Further Implementation of the European Satellite Navigation Programmes (EGNOS and Galileo). Doc. (EC) No 683/2008 of 9 July 2008. Brussels: European Union. preambular para. 16, Artt. 7, 13, 14, 16; Council of the European Union. Council Joint Action on Aspects of the Operation of the European Satellite Radionavigation System Affecting the Security of the European Union. Doc. 9569/04 of 19 May 2004. Brussels: European Union.Google Scholar
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    Art. 5 Treaty establishing the European Economic Community (hereafter EC Treaty), Rome, done 25 March 1957, entered into force 1 January 1958; 298 UNTS 11; as amended by the Treaty on European Union, Maastricht, done 7 February 1992, entered into force 1 November 1993; 31 ILM 247 (1992); OJ C 191/1 (1992); see further Artt. 2-4.Google Scholar
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    Art. 27c, Treaty on European Union, as inserted by the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts (hereafter Treaty of Nice), Nice, done 26 February 2001, entered into force 1 February 2003; OJ C 80/1 (2001). Emphasis added.Google Scholar
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    Art. 27b, Treaty on European Union, as inserted by the Treaty of Nice.Google Scholar
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    Art. 17, Treaty on European Union, as amended by the Treaty of Nice.Google Scholar
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    The MTCR is a voluntary arrangement amongst currently 34 States (including 19 of 27 EU and all ESA Member States) to consult and coordinate exports to third States of missile and related technologies, based on the Agreement on Guidelines for the Transfer of Equipment and Technology Related to Missiles), done 16 April 1987; 26 ILM 599 (1987); amended in 1993.Google Scholar
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    The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, Wassenaar, done 19 December 1995, effective 12 July 1996, is a voluntary arrangement amongst currently 40 States (including 26 of 27 EU and all ESA Member States) essentially extending the scope of the MTCR to all dual-use goods with security-sensitive ramifications.Google Scholar
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    Council of the European Union. Council Regulation Setting up a Community Regime for the Control of Exports of Dual-use Items and Technology. Doc. 1334/2000/EC of 22 June 2000. Brussels: European Union.Google Scholar
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    For the latest update see: Council of the European Union. Council Regulation setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items. Doc. 428/2009/EC of 5 May 2009. Brussels: European Union.Google Scholar
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    For the CGEA, see Council of the European Union. Council Regulation Setting up a Community Regime for the Control of Exports of Dual-use Items and Technology. Doc. 1334/2000/EC of 22 June 2000. Brussels: European Union. Art. 6(1) & Annex II.Google Scholar
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    Commission of the European Union Communities. Commission Directive Amending Directive 88/301/EEC and Directive 90/388/EEC in Particular With Regard to Satellite Communications. Doc. 94/46/EC of 13 October 1994. Brussels: European Union.Google Scholar
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    As to the latter, cf. esp. Artt. 81, 82 & 87, EC Treaty.Google Scholar
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    As for the second, it may be noted that to this end EC law knows a set of regulations dealing with fair and transparent procurement of taxpayer-paid services from the commercial sector; see e.g.: European Parliament and Council of the European Union. European Parliament and Council Directive Amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC Concerning the Coordination of Procedures for the Award of Public Service Contracts, Public Supply Contracts and Public Works Contracts Respectively. Doc. 97/52/EC of 13 Oct. 1997. Brussels: European Union; European Parliament and Council of the European Union. Directive of the European Parliament and of the Council Coordinating the Procurement Procedures of Entities Operating in the Water, Energy, Transport and Postal Services Sectors. Doc. 2004/17/EC of 31 March 2004. Brussels: European Union; European Parliament and Council of the European Union. Directive of the European Parliament and of the Council on the Coordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts. Doc. 2004/18/EC of 31 March 2004. Brussels: European Union.Google Scholar
  27. 597.
    Constitution of the International Telecommunication Union, Geneva, done 22 Dec. 1992, entered into force 1 July 1994; 1825 UNTS 1; UKTS 1996 No. 24; Cm. 2539; ATS 1994 No. 28; Final Acts of the Additional Plenipotentiary Conference, Geneva, 1992 (1993), at 1; substantially amended in 1994 and 1998.Google Scholar
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    Convention of the International Telecommunication Union, Geneva, done 22 Dec. 1992, entered into force 1 July 1994; 1825 UNTS 1; UKTS 1996 No. 24; Cm. 2539; ATS 1994 No. 28; Final Acts of the Additional Plenipotentiary Conference, Geneva, 1992 (1993), at 71; substantially amended in 1994 and 1998.Google Scholar
  29. 599.
    See Section 1.17, Radio Regulations, defining ‘allotment’ as the “entry of a designated frequency channel in an agreed plan, (...) for use by one or more Administrations for a terrestrial or space communication service in one or more (...) countries or (...) areas”.Google Scholar
  30. 600.
    Section 1.16, Radio Regulations; emphasis added.Google Scholar
  31. 601.
    See Section 1.18, Radio Regulations, defining ‘assignment’ as the “authorization given by an Administration for a radio station to use a radio frequency or by an Administration for a radio station to use a radio frequency or radio frequency channel under specified conditions”; and 1st bullet, Annex to the ITU Constitution, defining ‘Administration’ as “Any governmental department or service responsible for discharging the obligations undertaken in the Constitution of the International Telecommunication Union, in the Convention of the International Telecommunication Union and in the Administrative Regulations”.Google Scholar
  32. 602.
    Treaty on Principles governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (hereafter Outer Space Treaty), London/Moscow/ Washington, done 27 Jan. 1967, entered into force 10 Oct. 1967, 610 UNTS 205, 6 ILM 386 (1967).Google Scholar
  33. 603.
    Convention on International Liability for Damage Caused by Space Objects (hereafter Liability Convention), London/Moscow/Washington, done 29 March 1972, entered into force 1 September 1972, 961 UNTS 187, 10 ILM 965 (1971).Google Scholar
  34. 604.
    Convention on Registration of Objects Launched into Outer Space (hereafter Registration Convention), New York, done 14 Jan. 1975, entered into force 15 September 1976, 1023 UNTS 15,14 ILM 43 (1975).Google Scholar
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    Art. I, resp. Art. III, Outer Space Treaty.Google Scholar
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    Art. VI, resp. Art. IX, Outer Space Treaty.Google Scholar
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    Cf. Art. II, resp. Art. XII, Liability Convention.Google Scholar
  38. 608.
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    Cf. Artt. II, III & IV, Registration Convention.Google Scholar
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    Cf. Art. XXII, Liability Convention, & Art. VII, Registration Convention; to an even more limited extent also Artt. VI & XIII, Outer Space Treaty.Google Scholar

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© Springer-Verlag/Wien 2010

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  • Frans G. von der Dunk

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