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The Registration Policy of the European Space Agency Presentation to the Project 2001 Plus The Registration Policy of the European Space Agency Presentation to the Project 2001 Plus Workshop on Current Issues in the Registration of Space Objects Berlin 20/21 January 2005 Dr. jur. Ulrike M. Bohlmann, ESA Legal Department, DG-LP, Email: Ulrike. [email protected] int ESA’s Registration Policy U. Bohlmann

The European Space Agency The idea of an independent European space agency dates back The European Space Agency The idea of an independent European space agency dates back to the early 1960's. ESA was formed in 1975, replacing the satellite and launcher organisations ESRO and ELDO. It is an international intergovernmental organisation. ESA’s Registration Policy U. Bohlmann

ESA Member States ESA has 15 member States : • Austria, Belgium, Denmark, Finland, ESA Member States ESA has 15 member States : • Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Norway, the Netherlands, Portugal, Spain, Sweden, Switzerland the United Kingdom. • Luxemburg and Greece signed the Convention in 2004. • Canada takes part in some projects under a cooperation agreement. • A vast majority of ESA Member States are Parties to the Registration Convention. ESA’s Registration Policy U. Bohlmann

ESA’s purpose Provide for and promote - for exclusively peaceful purposes - cooperation among ESA’s purpose Provide for and promote - for exclusively peaceful purposes - cooperation among European States in space research and technology and their space applications With a view for their being used for scientific purposes and for operational space applications systems ESA achieves this through: • • Space activities and programmes Long term space policy A specific industrial policy Coordinating European with national space programmes ESA’s Registration Policy U. Bohlmann

ESA programmes All Member States participate in activities and a common set of programmes ESA programmes All Member States participate in activities and a common set of programmes related to Space Science mandatory programmes. In addition, members choose the level of participation in optional programmes: • Human space flight • Microgravity research • Earth observation • Telecommunications • Satellite navigation • Launcher development ESA’s Registration Policy U. Bohlmann

ESA’s acceptance of the Registration Convention ELDO and ESRO Member States’ delegations obtained the ESA’s acceptance of the Registration Convention ELDO and ESRO Member States’ delegations obtained the insertion of Article VII of the Registration Convention enabling an international organisation conducting space activities to accept the rights and obligations, thus permitting the application of the Convention to that organisation, if a majority of the States members of the organisation are States Parties to the Convention and the Outer Space Treaty. ESA’s Declaration of Acceptance concerning the Registration Convention was then adopted by the ESA Council on 12 December 1978 and deposited on 2 January 1979, together with its Declarations of Acceptance concerning the Rescue Agreement and the Liability Convention. ESA’s Registration Policy U. Bohlmann

ESA as “Launching State” Article I (a) of the Registration Convention defines the notion ESA as “Launching State” Article I (a) of the Registration Convention defines the notion of "launching State“: (i) A State which launches or procures the launching of a space object; (ii) A State from whose territory or facility a space object is launched; ESA fulfils several of these criteria. It launches some of its own space objects, it procures the launching of others and has at the Centre Spatial Guyanais in French Guyana at its disposal facilities from which space objects are launched. Therefore, ESA is a "launching State" in the sense of the Registration Convention. ESA’s Registration Policy U. Bohlmann

Europe’s Launchers fleet ESA’s Registration Policy U. Bohlmann Europe’s Launchers fleet ESA’s Registration Policy U. Bohlmann

Europe’s spaceport: Centre Spatial Guyanais - CSG, the Guyana Space Center Location: • French Europe’s spaceport: Centre Spatial Guyanais - CSG, the Guyana Space Center Location: • French Guiana, South America. Sites: • ELA 3 - Ariane 5 • SLV - Vega (2006)* Launch capacity: • 8 Ar 5 per year from ELA 3 • 4 Vega per year from SLV Advantages: • Payload mass gain for geostationary satellites because of proximity to the equator • Launch to polar and geostationary orbits without overfly of populated aeras. ESA’s Registration Policy U. Bohlmann

ESA’s obligations as “Launching State” Article II para. 1 Registration Convention: When a space ESA’s obligations as “Launching State” Article II para. 1 Registration Convention: When a space object is launched into Earth orbit or beyond, the launching State shall register the space object by means of an entry in an appropriate registry, which it shall maintain. ESA established its registry and informed the Secretary-General of the United Nations accordingly. ESA’s Registration Policy U. Bohlmann

ESA’s obligations as “Launching State” Article II, para. 2 Registration Convention: Where there are ESA’s obligations as “Launching State” Article II, para. 2 Registration Convention: Where there are two or more launching States in respect of any such space object, they shall jointly determine which one of them shall register the object. As regards cooperative projects, ESA consistently introduces in the various cooperation agreements and memoranda of understanding it concludes an article to this effect. As regards commercial launches contracted for example to Arianespace, ESA registers in practice the satellite that is funded by its resources and launched under contract. ESA’s Registration Policy U. Bohlmann

ESA as “State of registry” Article II, para. 3 Registration Convention leaves the contents ESA as “State of registry” Article II, para. 3 Registration Convention leaves the contents of each registry and the conditions under which it is maintained to the discretion of the State of registry concerned. ESA decided to conceive its registry following the content of Article IV of the Registration Convention. Internally, the task of keeping the registry has been entrusted to the service otherwise taking care of the notification of frequency allocation. That service collects the relevant information as required by Article IV of the Registration Convention and transmits it to the Head of the Legal Department of ESA, who conveys it to the United Nations Office for Outer Space Affairs for Publication, in pursuance of Article IV of the Registration Convention. ESA’s Registration Policy U. Bohlmann

Ariane ESA is responsible for the development of all Ariane launchers and for the Ariane ESA is responsible for the development of all Ariane launchers and for the production and testing facilities. Ariane maiden launch on Christmas eve 1979 • To date more than 160 Ariane flights have successfully launched 250 satellites in orbit. Ariane Family • 1 st generation 1979 -2003: Ariane 1 (11 flights), Ariane 2 (6 flights), Ariane 3 (11 flights) Modular Ariane 4 concept (116 flights, 113 successes). • 2 nd generation 1996: Ariane 5 Generic and Ariane 5 ECA ESA’s Registration Policy U. Bohlmann

DOUBLE LAUNCH Ariane 5: missions Main Ariane 5 missions : • Launch of communications, DOUBLE LAUNCH Ariane 5: missions Main Ariane 5 missions : • Launch of communications, Earth observation and scientific satellites on to Geostationary Transfer Orbit (GTO), High Earth Orbit (HEO), Sun-Synchronous Orbits (SSO). • Launch of ATVs (Automated Transfer Vehicles) to service the International Space Station (Low Earth Orbit at 51, 6° inclinaison). SINGLE LAUNCH SPACE STATION MISSIONS Development of the Ariane 5 launcher, its production facilities and new launch site (ELA-3) in Kourou were financed by ESA. Near ELA-3, ESA has built manufacturing facilities for the solid propellant boosters. ESA’s Registration Policy U. Bohlmann

The case of Ariane as regards registration Concerning Ariane development launches, ESA registers the The case of Ariane as regards registration Concerning Ariane development launches, ESA registers the upper stage of the launch vehicle. For all other Ariane launches, France is the state of registry with regard to the launch vehicle and its elements. The Convention between the European Space Agency and Arianespace on the Ariane Launcher Production Phase, that was signed and entered into force on 3 April 2004, stipulates in its Article 22 that Arianespace shall convey either to the Agency or to any Launching State concerned, the information required for keeping their registry and the information to be notified to the Secretary General of the United Nations in accordance with the Registration Convention. ESA’s Registration Policy U. Bohlmann

Soyuz LEO, Polar, SSO orbits (4. 5 – 4. 9 t) GTO orbit from Soyuz LEO, Polar, SSO orbits (4. 5 – 4. 9 t) GTO orbit from Kourou (2. 7 – 3. 1 t) Launch from Europe’s spaceporrt (CSG) in French Guiana as from 2006 Exclusive commercialisation by Arianespace which extends its launch service range complementary to Ariane 5 and Vega This Euro-Russian endeavour is part, alongside with a planned cooperation on future launchers, of an ESARosaviakosmos agreement on cooperation and partnership in the field of launchers ESA’s Registration Policy U. Bohlmann

The case of Soyuz as regards registration Article 10 of the Draft Agreement between The case of Soyuz as regards registration Article 10 of the Draft Agreement between ESA and the French Government concerning the Soyuz Launch Site at the Guiana Space Centre and linked to execution of the ESA optional programme entitled “Soyuz at the CSG” and operation of Soyuz from the CSG”, that has unanimously been approved by the ESA Council in last February and that should be signed within short, provides that : “ 1. In accordance with Article II. 2 of the Registration Convention, the French Government shall register the Soyuz launcher and elements thereof for launches, carried out from the CSG. 2. In accordance with Article VIII of the Outer Space Treaty, the French Government shall retain jurisdiction and control over the Soyuz launcher and elements thereof, registered as stipulated above, while in outer space. ” ESA’s Registration Policy U. Bohlmann

The case of Soyuz as regards registration A comparable provision can be found in The case of Soyuz as regards registration A comparable provision can be found in article five of the Agreement between the Government of the French Republic and the Government of the Russian Federation on their long-term cooperation on the development, production and use of launchers and on establishment of the Soyuz-ST launcher at the Guiana Space Centre, that was signed on 7 November 2003. ESA’s Registration Policy U. Bohlmann

The International Space Station Elements of European contribution in the International Space Station • The International Space Station Elements of European contribution in the International Space Station • Development and operation of flight elements and their associated ground infrastructure: - Columbus Laboratory - Automated Transport Vehicle (ATV) • Development and delivery of hardware and software to other partners through cooperation or barter arrangements : Node 2, Node 3, Data Management System for the Russian Service Module (Zvezda), European Robotic Arm, Cupola, and other elements • Development of multi-user experiment facilities on the International Space Station, in the framework of the Microgravity Facilities for Columbus programme • Preparation for the operation and utilisation of the Station • Preparation for astronaut activities on the Station ESA’s Registration Policy U. Bohlmann

The International Space Station ESA-ATV RUSSIA CANADA USA JAPAN ESA-COLOMBUS ESA’s Registration Policy U. The International Space Station ESA-ATV RUSSIA CANADA USA JAPAN ESA-COLOMBUS ESA’s Registration Policy U. Bohlmann

The case of the ISS as regards registration Article 5, para. 1 IGA: In The case of the ISS as regards registration Article 5, para. 1 IGA: In accordance with Article II of the Registration Convention, each Partner shall register as space objects the flight elements listed in the Annex which it provides, the European Partner having delegated this responsibility to ESA, acting in its name and on its behalf. Therefore, ESA shall register the Columbus Orbital Facility module and the Automated Transfer Vehicle, once these are launched, on behalf of the Governments of its Member States that are Parties to the IGA. Article 5, para. 2 of the IGA: Pursuant to Article VIII of the Outer Space Treaty and Article II of the Registration Convention, each Partner shall retain jurisdiction and control over the elements it registers in accordance with paragraph 1 above and over personnel in or on the Space Station who are its nationals. ESA’s Registration Policy U. Bohlmann

The question of “jurisdiction and control” Article VIII OST: A State Party to the The question of “jurisdiction and control” Article VIII OST: A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Capacity of international organisations ? One of the ESA Member State should be recorded as retaining jurisdiction and control. Which one to be decided on a case-bycase-basis. ESA’s Registration Policy U. Bohlmann

Concluding remarks Declaration of acceptance Duties ESA’s Registration Policy “Launching State” Determination of State Concluding remarks Declaration of acceptance Duties ESA’s Registration Policy “Launching State” Determination of State of registry Registration Notification Accomplished U. Bohlmann

Thank you ! ESA’s Registration Policy U. Bohlmann Thank you ! ESA’s Registration Policy U. Bohlmann