
Sofia Studencki
Managing Associate
Stockholm
Newsletter
by Sofia Studencki and Kaare M. Risung
Published:
Over the last decade the European Union has developed an increasing interest in space and the economic opportunities it offers. In Scandinavia, this trend is also evident in the significant developments at the Esrange Space Center and Andøya Space Center in northern Sweden and Norway respectively. This growing interest has culminated in the European Commission's late June proposal for a comprehensive European space act.
As the space sector has become increasingly commercialized, the European Commission is of the opinion that regulatory needs are growing to combat in particular environmental and safety concerns. To date, legislation has been handled on a national level, resulting in a fragmented framework hindering cross-national investments and cooperation. Cross-border harmonization across member states offers a solution to these challenges. Since the introduction of the General Data Protection Regulation (GDPR), the EU's preferred approach to legislative harmonization has been through comprehensive, far-reaching regulations. Following the same pattern as the GDPR (and Digital Services Act), the proposed Space Act would regulate the entire sector, aiming to influence not only the European, but also international markets. Critics are of the opinion that this legislative effort might stunt growth in the space sector as a result of increasing compliance costs, much like the European digital initiatives.
The proposed legislation is a licensing framework for space operators, i.e., any person or corporation conducting space launches or controlling objects in space. The license will require adherence to strict guidelines on everything from the reporting of significant incidents to the environmental impact of operating in space. Space operators, including those established in a third country, seeking these licenses must also comply with guidelines in all their operations to lawfully operate within the union. Non-compliance with the legislation is proposed to result in severe financial penalties, essentially forcing space operators wanting to operate in the European market to invest even larger amounts in legal compliance. This all follows the same pattern as the GDPR.
Norway has also published a draft Space Act at the end of June 2025. The Norwegian act is designed as a framework law rather than a detailed act. The flexible framework is intended to address current regulatory needs while allowing adaptability for future space activities where specific regulations are not yet feasible. Norway emphasizes its commitment to being a responsible space nation observing international treaties and conventions, focusing on quality, safety, and sustainability through a forward-looking regulatory approach.
The EU continues to favor further regulation over deregulation, a trend likely to extend to other sectors. The proposed Space Act has significant extra-territorial reach, applying beyond EU actors. Space operators should closely monitor the Act’s progress and prepare for compliance ahead of its expected entry into force on 1 January 2030, pending final EU approval. The Parliament will presumably take the Norwegian process under consideration late in the fall or during the first part of next year.
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