The proposed new Act on Space Operations creates legal certainty in an important growth sector

Switzerland's success as a hub of ideas and innovation is based on various interacting factors. These factors create optimal conditions for the public and private actors involved in education, research and innovation (ERI). Naturally, they include a clear legal framework that establishes rules and obligations in specific areas, ensuring forward-looking planning security. However, whole new legislations are very rare these days in the ERI sector. Against this backdrop, the Federal Council is seeking to close a gap that has become increasingly apparent in recent years by introducing new federal legislation on space operations. A draft bill to this effect was submitted to the Federal Assembly at the end of February.

Exploiting opportunities in space

Switzerland has been involved in European space activities since the early 1960s. In 1975, it became a founding member of the European Space Agency (ESA) alongside nine other countries, including Germany, France and Italy. The country also ratified several UN space treaties in the 1960s and 1970s. Significant developments have since taken place, partly at a rapid pace, in the broad field of space. For example, thanks to miniaturisation and reduced launch costs, an increasing number of smaller countries are now also able to be present in space. Another growing trend is the increasing commercial use of space by private companies. This is happening not only on a global level, but also at a national level, with individual private satellite operators already active in Switzerland today. 

Regulating as little as possible, but as much as necessary

The proposed new legislation on space operations aims to create a legal framework that allows space operations to be carried out in a regulated and responsible manner by existing players and, hopefully, many more to come in the future. Without a legal basis, the federal government has so far been unable to issue authorisations for the operation of satellites or other space objects. However, operators require such an authorisation when conducting business with foreign partners. Without legislation, the federal government also has no means of regulating, or if necessary preventing, any undesirable space operations. One example of this is potentially sensitive security activities carried out by foreign satellite operators who conduct their business from Switzerland. According to the UN space treaties signed by Switzerland, the contracting states are responsible for their activities in space, regardless of whether these are carried out by the state or private individuals. This means that the existing legal situation in Switzerland contains a loophole. By stipulating that private operators are now liable for possible damage caused, the new legislation enshrines the principle of causation in space operations. It will also serve as a basis for establishing a national register of space objects for which the federal government has granted an authorisation.

The bill therefore focuses particularly on the authorisation and supervision of space operations, liability issues and a national space register. The aim is not to regulate every conceivable space activity, but to regulate “as little as possible, but as much as necessary”. In short, the new law aims to create legal certainty for the federal government, economy and science in this strategically important area, to promote the responsible use of space and to contribute to the attractiveness and competitiveness of the Swiss space sector.