Decree Of 13 November 2007 Containing Rules With Regard

decree of 13 november 2007, containing rules with regard to a registry of information concerning space objects (space objects registry decree

Decree of 13 November 2007, containing rules with regard to a registry
of information concerning space objects (Space Objects Registry
Decree)
On the recommendation of Our Minister of Economic Affairs on 10 July
2007,
no. WJZ 7080976;
Having regard to Section 11, subsections 2 and 4, of the Space
Activities Act;
Having heard the Council of State (recommendations dated 1 August
2007, no. W07.002258);
Considering the further report of Our Minister of Economic Affairs
dated 7 November 2007,
no. WJZ 7130082;
Have approved and decreed:
§ 1. General provisions
Article 1
The following definitions shall apply in this Decree:
a. registry: means the registry referred to in Section 11, subsection
1, of the Space Activities
Act;
b. licence-holder: means the holder of a licence for space activities
as referred to in Section 3
of the Space Activities Act.
§ 2. Registry
Article 2
1. The registry consists of a United Nations part and a national part.
2. The United Nations part contains information concerning space
objects for which
the Netherlands is the State of Registry − as referred to in Article
I, point c, of the
Convention on Registration of Objects Launched into Outer Space
(Bulletin of
Treaties 1981, 39), which was opened for signature in New York on 14
January 1975
− with regard to the space object in question.
3. The national part contains information concerning space objects
that are used in
connection with space activities as referred to in Section 2 of the
Dutch Space Activities
Act, not space objects as referred to in paragraph 2.
4. Our Minister shall be responsible for furnishing the information
from the United Nations
part to the Secretary-General of the United Nations.
Article 3
The registry contains the following information on the space object:
a. the description and function;
b. the orbital parameters;
c. country and location of launch;
d. expected and actual launch date;
e. expected and actual decommissioning date;
f. information on the licence-holder;
g. other information pertaining to the space object (to be determined
by Ministerial Order).
§ 3. Furnishing of information for the registry
Article 4
1. The licence-holder shall furnish Our Minister with the information
referred to in
Article 3 at least six months before starting to carry out space
activities with the aid of a
space object.
2. If the information relates to the actual launch or decommissioning
date, the licence-holder
shall furnish this information as soon as possible, and in any event
within three weeks after
this date.
3. At the request of Our Minister, the licence-holder shall furnish
further supporting information
and documents within three weeks.
4. In special cases, our Minister may grant exemption from the time
limit referred to in
paragraphs 1 and 3.
Article 5
1. The licence-holder shall notify Our Minister as soon as possible,
and in any event within
three weeks, of any changes to the information referred to in Article
3.
2. Article 4, paragraphs 3 and 4, shall apply mutatis mutandis.
Article 6
When furnishing and changing the information, use is made of a form
stipulated by
Ministerial Order.
Article 7
Entry in the registry shall be for an indefinite period.
Article 8
The registry is public.
§ 4. Concluding provisions
Article 9
Our Minister shall be responsible for the inclusion in the registry of
information concerning
space objects with which space activities are being performed at the
time this Decree enters
into force.
Article 10
This Decree shall enter into force on a date to be determined by Royal
Decree.
Article 11
This Decree shall be cited as: the Space Objects Registry Decree.
Order and command that this Decree, together with the Explanatory
Memorandum pertaining to it, shall be published in the Bulletin of
Acts and Decrees.
The Minister of Economic Affairs,
EXPLANATORY MEMORANDUM
I. General
1. Purpose and rationale
This Decree fleshes out the basis for the creation of a registry of
space objects as enshrined in Section 11, subsections 2 and 4, of the
Dutch Space Activities Act (Bulletin of Acts and Decrees 2007, 80).
The purpose of this Decree is, inter alia, to subdivide the registry
into two parts, to specify the times at which the licence-holder
should furnish the Minister of Economic Affairs with the information
concerning space objects that is required for the registry, and to
specify the manner in which the information to be entered in the
registry should be supplied.
The registration procedure does not include a detailed evaluation of
the space activities that are proposed in relation to the space object
that is to be registered, since this occurs in connection with the
issue of a licence. All that is considered is whether the space object
is eligible for registration. The fact that the information is
incorporated in the registry and this can be accessed electronically
via the internet means that anyone can inspect the information
concerning space objects used by a licence-holder for the purpose of
his space activities.
Directive 2006/123/EC of the European Parliament and the Council of 12
December 2006 on Services in the Internal Market (OJ, 27 December
2006, L 376, pp. 36 ff.; hereinafter referred to as: "the Services
Directive") entered into force on 28 December 2006. In view of the
fact that this Directive specifically requires the Member States to
state reasons with regard to the adoption of legislation and
regulations, it is necessary in the first instance to ascertain
whether the provisions of the Space Activities Act and its licensing
system fall within the scope of the Services Directive. This is, in
fact, the case. This means that these provisions should comply with
Article 9 of the Services Directive. Here it can be noted firstly that
these provisions do not adversely affect access to and performance of
the space activities. Secondly, the licensing system is necessary for
reasons of overriding public interest, namely in order to safeguard
the interests specified in Section 3, subsection 3, of the Space
Activities Act (e.g. to ensure the safety of persons and goods, to
protect public order and to comply with the State's international
obligations). And thirdly, this goal cannot be achieved through a less
restrictive measure, since ex post control would come too late to
actually be effective. From this standpoint, the provisions contained
in this Decree that relate to the obligations of the licence-holder
are also proportional. The specified submission deadlines and the
types of information that the licence-holder will need to furnish are
considered reasonable. The Decree also includes the possibility of
gaining exemption from the submission deadlines.
2. Content of the Decree
The registry consists of two parts. The first part of the registry,
known as the United Nations part, is associated with the international
obligations arising from the Convention on Registration of Objects
Launched into Outer Space (Bulletin of Treaties 1981, 39; hereinafter
referred to as: "the Registration Convention"). Under Article II of
the Registration Convention, when a space object is launched into an
orbit around the Earth or higher, the launching State registers that
space object by means of an entry in a registry. If two or more states
can be deemed launching States in respect of the space object, the
states decide among themselves which one of them will be responsible
for registration. Furthermore, the registering State − which must also
be regarded as the launching State − is liable for any damage caused
by this space object. See Articles VII and VIII of the Outer Space
Treaty (Bulletin of Treaties 1967, 31). For a further explanation of
the term "launching State", see the Explanatory Memorandum to the Bill
(Parliamentary Papers II 2005/06, 30609, no. 3, pp. 5-7). It has also
been pointed out that the Netherlands cannot easily qualify as a
launching State in the light of the definitions used and current
practice.
Articles III and IV of the Registration Convention then state that
information on space objects registered under Article II should
likewise be provided to the Secretary-General of the United Nations as
soon as practically possible for inclusion in an international
registry, for which responsibility rests with the UN
Secretary-General. The Minister of Economic Affairs is responsible for
sending the information from this United Nations part of the registry
to the United Nations.
The second part of the registry, the so-called "national part",
contains information regarding those space objects that are used in
connection with national space activities over which the Dutch State
may well wish to exercise jurisdiction and control, but for which the
Netherlands cannot be deemed the launching State. Examples include
satellites that are managed by a company operating under Dutch law and
within the Dutch legal order. Ownership and management of these
satellites is usually only transferred to the Dutch party after they
have been launched and brought into their definitive position. In
these cases the Netherlands is not the launching State, but bears
international responsibility for these space objects and lets this be
known by including them in the national part of the registry. See page
12 of the Explanatory Memorandum to the Bill (Parliamentary Papers II
2005/06, 30609, no. 3) for a further explanation and background
information. The information from the national part will be sent to
the Secretary-General of the United Nations. The legal basis for this
reporting process is not the Registration Convention, but Article 11
of the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies (Bulletin of Treaties 1967, 31), which was opened for
signature on 27 January in London/Moscow/Washington.
The registry includes various types of information. In theory, both
parts of the registry contain the same types of information. An
integral part of this data is the information that must be provided to
the Secretary-General of the United Nations pursuant to Article IV of
the Registration Convention, such as the description and the function
of the space object, its orbital parameters, and the date and location
of its launch. The registry also includes certain basic data with
regard to the licence-holder as well as information relating to the
(expected) decommissioning of the space object. The remaining
information to be included in the registry is determined by
Ministerial Order, taking into account the latest developments in the
field of registration in connection with the UN Committee on Peaceful
Uses of Outer Space (UN COPUOS).
At least six months before he performs the licensed space activities
with his space object, the licence-holder is obliged to furnish the
requisite information concerning the space object to the Minister of
Economic Affairs for the registry. This six-month time limit is
necessary in order to allow the information received to be evaluated
for completeness and accuracy and then incorporated in the registry in
good time. Timely submission of the information also enables the
government to comply with the obligations arising from the Hague Code
of Conduct against Ballistic Missile Proliferation (2002). Although
this Code is not legally binding, the Space Activities Act and this
Decree provide the government with the necessary framework to comply
with its obligation under the Code to announce the launch of a space
object internationally before the launch actually takes place. In some
cases, the Minister of Economic Affairs already possesses certain
information, since the applicant also has to furnish data with a view
to assessing the nature of the space activities as part of the
licensing process.
In order to assess the accuracy of the information furnished, the
licence-holder may be requested to produce further information and
documents. The licence-holder should submit this information within
three weeks after this request.
The licence-holder will not be able to supply all of the information
six months before the space activity. For example, it is usually
possible to specify the expected launch date, but the date on which
the space object is actually launched can, of course, only be
furnished after the launch has taken place. The same applies with
regard to the expected decommissioning date. In such cases, where the
licence-holder is supposed to indicate the actual date, the
licence-holder should furnish the Minister of Economic Affairs with
this information as soon as possible after this date, but in any event
within three weeks.
In special cases, exemption may be granted from the submission
deadlines for the furnishing and amendment of the information. A
special case may, for example, arise if ownership and management of an
already functional satellite are transferred to a Dutch licence-holder
at short notice or in a situation where the licence-holder is
dependent on third parties for the submission of information. In
addition, it is possible to obtain an exemption from the six-month
time limit if the licence-holder wishes to carry out space activities
with a space object within six months of the licence being issued. In
such a case, the information on the space object will have to be
furnished during the licence application procedure. When the licence
is issued, the licensing authority will then also grant formal
exemption from the deadline for submitting the registry data.
After the information is received, the space object and the
accompanying information will be entered either in the United Nations
part or the national part of the registry, depending on whether the
Netherlands is deemed the launching State for the space object.
It is, of course, necessary to keep the registry up to date and
complete. Consequently, the licence-holder is expected to report any
change in the information as soon as possible. The communication of a
change to an entry in the registry is normally a straightforward
administrative procedure and therefore the licence-holder can
generally be expected to give notice of the amended entry within a few
days. The changes should, in any event, be reported within three
weeks. If several entries are changed within the space of a few days,
it is permissible to combine these reports in order to avoid
unnecessary administrative costs. It is also possible, for example,
that the actual launch of a space object may be postponed by one or
more days. In such a case, it is sufficient for the licence-holder to
submit a combined report and he should, in any event, give notice of
this launch date as soon as possible after the actual launch.
The licence-holder will need to use a form stipulated by Ministerial
Order both when submitting additional and amended information. The
form is electronic and can be obtained free of charge from the
Minister of Economic Affairs. Additional and amended information is to
be furnished in writing.
The information is entered in the registry for an indefinite period.
The information on a given space object remains on the registry even
after the licence-holder has stopped using that space object (e.g.
when a satellite is sold to another company or after the satellite has
been decommissioned and placed into a "decommissioning orbit"). Thus
it will be possible, even after a considerable number of years, to
find out who was responsible for operating the space object (e.g. in
order to establish liability for damage caused to other space objects,
etc.).
The registry is public. This means that the information, too, is in
the public domain once it has been entered in the registry. With this
in mind, the registry will be made universally accessible via the
internet. Where the licence-holder has also furnished information and
documents pursuant to Article 4, paragraph 3, this will only be made
available to the public subject to the relevant publication rules laid
down in the Government Information (Public Access) Act.
Besides registering the information furnished by the licence-holders,
the Minister of Economic Affairs is also tasked (under Section 11,
subsection 3, of the Space Activities Act) with registering space
objects that are used in connection with space activities performed
under the responsibility of one or more Ministers. To facilitate the
registration of such space objects, the same information is included
in the registry as was recorded in respect of the licence-holders and
a similar, internal, registration procedure is also adopted.
3. Administrative costs
As indicated in the Explanatory Memorandum to the Bill (see
Parliamentary Papers 2005/06, 30 609, no. 3, pp. 13/14), the Act − and
thus also this Decree − only concerns a limited number of companies.
For an overview of the registration costs, I would refer you to the
above Parliamentary Paper.
4. Implementation and enforcement
Agentschap Telecom will manage the registry on behalf of the Minister
of Economic Affairs. In addition, Agentschap Telecom is responsible
for monitoring compliance with the rules adopted by or pursuant to the
Act. Where an infringement of rules adopted under this Decree is
encountered, it will be possible to impose an administrative fine of
up to €100,000, in accordance with Section 15, subsection 2, of the
Act. The amount of the administrative fine will depend on the
seriousness of the infringement. Thus it will be possible to impose a
maximum fine if, for example, the licence-holder has not furnished any
information at all.
II. ARTICLES
Article 2
The registry consists of two parts. Article 2 forms the basis. Under
paragraph 2, information is recorded in the United Nations part with
regard to space objects that the Dutch State is responsible for
entering in a national registry pursuant to Article II of the
Registration Convention. This only applies if the Dutch State is also
deemed the launching State for the space object in question. The
information from this part is passed on to the Secretary-General of
the United Nations.
The national part of the registry (referred to in paragraph 3)
includes information on space objects for which the Dutch State is not
deemed the launching State. In practice, it will be this part, in
particular, that is filled with information on space objects. As
stated earlier, the information from the national part will also be
sent to the Secretary-General of the United Nations.
Article 4
This article lays the foundations for the furnishing of information by
the licence-holder. According to paragraph 1, the licence-holder
should furnish the Minister of Economic Affairs with the information
referred to in Article 3 within six months, unless he has obtained an
exemption from this time limit. Under paragraph 2, it is possible to
deviate from this time limit for certain information (e.g. if it is
the actual launch date or the actual decommissioning date that is
requested). Under paragraph 3, the licence-holder may be requested to
support of the information that he has furnished with further
evidence.
Article 5
Paragraph 1 requires the licence-holder to report any change to the
information in the registry as soon as possible. As with the first
entry in the registry, the licence-holder may be requested to submit
additional information and documents to support the amended
information within three weeks. In special cases, exemption may be
granted from this time limit. The registry will be adjusted upon
receipt of this amended information.
Article 6
This Article lays the foundations for the mandatory use of a form
stipulated by Ministerial Order for the submission of additional and
amended information by the licence-holder.
Article 9
Pursuant to Section 25 of the Space Activities Act, space activities
that are already taking place when the Act enters into force can be
continued without a licence for a period of 12 months. Where these
activities also involve the use of space objects, the information
about these objects must be incorporated in the registry as soon as
possible in order to ensure that the registry is kept up to date and
complete. This is the purpose of this Article.
The Minister of Economic Affairs,
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