This article examines what is known at this stage, before the envisaged publication of the legislative proposal by the European Commission in March/April 2025, about the European Union's Space Act, focusing on its potential application to non-EU operators. It explores the legal and practical challenges of extending EU regulations to space activities conducted by operators from outside the EU. The analysis reveals significant concerns regarding potential conflicts with international space law and compliance with international trade agreements. Key issues include defining ‘services provided in the EU’ for the various types of space activities, potential regulatory conflicts with non-EU states' laws and the risk of creating market barriers. The article also highlights the tension between the EU's ambition to shape global space regulatory standards and the legal constraints it faces. Ultimately, it underscores the need for careful consideration of how the EU Space Act can be applied to non-EU operators while adhering to international law and without hampering market competition.
Photo by Hristo Fidanov