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“Protect people, goods, public health and the environment”

French Space Law Implementation

Isabelle RONGIER CNES Inspector General

IAASS President

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Table of contents

Why a space law ?How authorization process works?RulemakingOrganization and competencies for

supervisionSafety and environmental requirementsLessons learnedConclusion

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Why a Space Law ?

The purpose of the FSOA is to set up a secured national regime of authorization and control of Space operations under the French jurisdiction or for which the French Government bears international liability, in accordance with UN Treaties principles

Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States ….

States Parties to the Treaty shall bear international responsibility for national activities in outer space…

The activities of non-governmental entities in outer space… shall require authorization and continuing supervision by the appropriate State….

4audit energetique 4

To deal with all aspects and phases from launch to reentry, including in-orbit delivery, control in-orbit and end-of-life management

Safety of third parties Public health Environmental protection Space debris mitigation

State guarantee attached with the authorization: limitation of the operator’s liability for damage to third parties occurring on the surface of the earth or in Air space limited to a fixed amount of approximately 60M€, except in case of willful misconduct. If compensation for damage caused goes beyond this amount, the State supersedes the operator’s obligation to indemnify.

If the French State is sued under UN Space Treaties (1972 Convention…): right of recourse against the Space operator limited to the fixed ceiling of 60M€

Contractors, subcontractors, customers or insurers can also benefit from this guarantee for damage caused during the Launching phase.

To set up a liability regime for damage caused to third parties

Space Law basics

Long Term Sustainability of Space Activities Fair competition for

operators in a legal frame

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Shall obtain an authorization: Any operator intending to launch a

space object from the French territory, or from facilities under French jurisdiction

Any French operator that launch a space object from the territory of a foreign State or from a place that is not under any State’s sovereignty

Any person having French nationality or company which are located in France, that aims at launching a space object, or any French operator that commands such an object during its mission in outer space.

How it works ?

CNES/P•Compliance certificates

MESR•Authorization Decrees

Operators•Operational data

CNES Technical Departments

Act no. 2008-518 of 3 June 2008 on space operations

(FSOA) entry in force 10th of December 2010

Decree no.2009-643 of 9 June 2009 on authorisations granted in application of the LOS (Authorisation decree)

Decree concerning

Technical Regulations

31th March 2011

Space systems

Best practices for Technical regulations implementation

Decree no.2009-644 of 9 June 2009 amending Decree no.24-510 of 28 June 1984

on CNES

(CNES Decree)

Decree regulating operations in Guiana Space

Center facilities

Decree concerning space objects identification

12th August 2011

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French national authorisation procedure

Principle of prior authorization for:• any operator, irrespective of nationality, intending to launch or bring back to Earth a space object on French territory.• any French operator intending to launch or bring back to Earth a space object• any person of French nationality intending to launch a space object• any French operator intending to control such an object in space

Conditions for get authorizations The applicant must supply moral, financial and professional guarantees. The systems and processes implemented must comply with technical regulations.

Supervision to ensure that prescriptions are fulfilled

The French Space Agency (CNES) is mandated by the law to ensure that systems and procedures implemented by space operators comply with technical regulations”

Safety measures

The Minister and the President of CNES are empowered to take all necessary measures to ensure the safety of people, property, public health and the environment

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COPUOS : Principles for the use of Nuclear Power Sources in Outer Space Space debris mitigation guidelines of the Scientific and Technical

Subcommittee of the Committee on the Peaceful Uses of Outer Space …and future results of Working Group on the Long-term Sustainability of

Outer Space Activities

ISO : 24113 Standard “Space debris mitigation” was an important step in the

harmonization process Writing of some news important standard ISO (Prevention of break-up of

unmanned spacecraft for example) is on going

IADC: IADC mitigations guidelines and Support to the IADC Space Debris Mitigation Guidelines

On going works on Launch and Re-entry Safety

COSPAR : Planetary protection policy

1. How is “safe enough” defined or determined?

2. How is the safety of this launch or reentry assessed?

3. How are risk factors identified for launch safety?

4. How are assessments conducted?

5. What numerical metrics are used to assess risk?

6. What approaches are used to reduce risk?

7. How and who accepts the risk?

8. What computer modeling approaches are used?

9. How are risk uncertainties treated?

10. How are modeling (epistemic) uncertainties and real-world (aleatory) variations evaluated?

11. What statistical confidence level is used in the calculations feeding the risk acceptance decision?

Consider public safety main drivers

Some basis for rulemaking process

Analyze existing standards / practices

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Identify realistic ways of compliance with regulations

Consult stakeholders early during rulemaking process

Define appropriate interim provisions: time and money are needed to adapt space systems to reach full compliance

Technical regulations rulemaking process

“Quality System” requirements

+ Technical dossier Description of the operation, Hazard analysis Impact studies Risk mitigation measures Demonstration of compliance with requirements

Quality manual

Processes

Procedures

Instructions

Records

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“Worst case” approach in near field

Collective risk for people (maximum acceptable probability): 2 10-5/operation in far field

Nominal impact zones outside landmasses and territorial waters

Information to the air and maritime traffic authorities about impact zones for transmission of appropriate notifications

Criteria for launch collision avoidance with manned vehicles

Collective risk for the population (maximum acceptable probability): 2 10-5/operation

Nominal impact zones outside landmasses and territorial waters

Information to the air and maritime traffic authorities about impact zones for transmission of appropriate notifications

In the event of fully justified impossibility of proceeding with controlled atmospheric re-entry, the operator must make its best efforts to respect a quantitative objective of 10-4.

LAUNCHES REENTRIES / DEORBITATIONS

Specific safety objectives

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Space debris mitigation requirements Do not generate debris during nominal operations Minimise the probability of accidental break up Prevent collisions with satellites whose orbital parameters are

known Remove space vehicles and orbital stages from protected

regions after the end of the mission(no interference in B region > 1 year + no come back during 100 years linked to perturbation effect) Live spacecraft in passive condition after the end of mission

NUCLEAR SAFETY

Planetary protection : Avoid harmful contamination and adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter

Protection of public health and the environment :Mitigating risk of dangerous contamination during launch or re-entry (qualitative characterization of impact of combustions gases, ozone layer depletion, sea pollution, nuclear material)

Common safety / environment objectives

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Ethics Charter Impartial opinions, giving no grounds for

criticism

Independent evaluation concerning the design and implementation of the process

Transparency regarding the authority and operators

Insure confidentiality of information : Inspectors are empowered by legal Court after swear

Professional secrecy

Full control of internal and external communication

Expertise Space System architecture

Satellite and Launch System management

Quality, reliability and safety management

Hazards analysis

Command and control

Space dynamics» Mission analysis,

» End-of-life strategy,

» Collision avoidance

Operations

Supervision : Behavior and competencies

Clear segregation from Project role / FSOA technical compliance assessment

End of commercial in orbit positioning and operations in CNES premises

End of product insurance management shared with operator (CNES subsidy)

End of ground safety operations inside operator’s properties

Organisation aspects

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FSOA application since December 2010

CNES sets the example: all its satellites have been verified for compliance and received a favourable decision from the President of CNES

20 authorisations for Ariane 5 ECA 4 authorisations for Ariane 5 ES-ATV 10 authorisations for Soyuz - 1 authorisation for Vega1 licence for A5-ECA (analysis under way)

3 certificates of compliance for Vega 1 preliminary certificate of compliance for A5-ES Galileo1 preliminary certificate of compliance for A5-MEOrbital systems: 3 certificate for ATV - 1 certificate for Galileo

1 licence for the EuroStar 3000 and SpaceBus 4000 platforms1 licence constituting authorisation for control in orbit for satellites already launched1 authorisation for control in orbit for Eutelsat 25B

1 authorisation for control in orbit for the first24 satellites in the Globalstar 2 constellation

1 authorisation for control in orbit for Robusta

4 authorisations for launch for Yahsat 1A and 1B, and Spot 6 and 73 authorisations for orbit acquisition and/or control for VNREDSAT-1, MEASAT-3B, DZZ-HR1 preliminary certificate of compliance for the ALPHABUS PF

1 preliminary certificate of compliance for the ALPHABUS PF 1 authorisation for control in orbit for Turkmenistan NSSC1 authorisation for launch for Turkmenistan NSSC

Under the Act or ESA-CNES agreements

COROT CALIPSO SMOS

ELISA SPOT 4 and 5 PARASOL

JASON 1 and 2 TELECOM 2D PICARD

PLEIADES 1A-1B ATHENA-FIDUS

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Two sticking issues for space operations : Uncontrolled re entry risk Debris mitigation in LEO orbit region

Full compliance will be meet in 2020….but : Dedicated R&D program in progress is

challenging Sustainable practices are costly

Lessons learned from rulemaking process

Orbital lifetime prediction is not entirely deterministic Long-Duration Solar Flux Prediction Significant Moon-Sun perturbation for GTO orbit

Compliance with “25 years” rules can be only probabilistic objective (>0,9) New design of GEO satellite includes jettisonable auxiliary motor

module add specific requirements for disposal and passivation of these devices

Probability of successful disposal requirement too stringent considering the state of the art 0,9>>>0,85

Technical regulations shall not be static

Interim provisions

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■ Mission success and safety of third party are separate objectives

■ State of the art reliability of space systems is not enough to guarantee public safety and debris mitigation

■ Dedicated requirements are needed for public safety and debris mitigation

Lessons learned from rulemaking process :Do not to take aim at the wrong target

■ Operator is in the best position to manage

safety risks : Impose objectives than

implementation solutions

■ The quality system of the organization with

authority over operations must allow it to

ensure safety for the entire system it

implements, and thus to manage all of its

components and interfaces.

■ Only accurate knowledge of the associated

hazards and potential vulnerabilities inherent

in the system, its operations and its

environment makes it possible to take

appropriate decisions with regard to the

acceptance of risks.

■ Human factors, which are largely informal in

nature, must be the subject of appropriate

measures for their management.

help operators with providing relevant tools

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And beyond National borders, need for a global convergence

Why?

Make reachable debris mitigation

objectives

Define common public risk limits

applicable both for domestic and

international populations

Keep the competition fair between

commercial Space Operators

Balance between safety, environment

protection and cost at a global level

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IAASS

IAASS Technical Committees

• Launch & Re-entry Safety• Space Hazards• Commercial Human Spaceflight• Human Factors & Performance for

Safety• Space Safety Laws and Regulations