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Space Regulation

Original Language Title: Weltraumverordnung

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Regulation of the Federal Minister for Transport, Innovation and Technology on the implementation of the Federal Act on the approval of space activities and the establishment of a space register (space regulation)

Due to § 12 of the Federal Act on the approval of space activities and the establishment of a space register (space law), BGBl. I No 132/2011 shall be prescribed:

Scope

§ 1. This Regulation makes the necessary remarks within the meaning of Section 12 of the Space Law.

Permit application

§ 2. (1) In order to demonstrate the necessary reliability, performance and expertise to carry out the space activity (Section 4 (1) Z 1 of the Space Act), the operator must settle the following:

1.

A certificate of a security check in accordance with the security policy law, BGBl. No 566/1991, in the current version, or the reliability test in the sense of the Military Authorisation Act, BGBl. I No 86/2000, the current version, the operator or, in so far as it is a legal person, the representative responsible for the space activity,

2.

proof of qualification of the operator and of the persons involved in the space activities,

3.

a list of activities previously carried out by the operator in the field of space technology or related fields;

4.

proof of financial standing, including the cost and financing plan of space activity,

5.

all contracts relating to space activities, in particular starting contracts and subcontracting contracts,

6.

a concept for the presentation of the planned task, purpose and goal of space activity,

7.

proof of the technical details of the space activity, in particular the desired frequency spectrum and the orbital position, the energy supply, the description of the intended payload, the communication strategy, the the technical details of the ground station, the technologies used at the subsystem level, and

8.

Documents relating to the duration and termination of the space activity.

(2) To demonstrate that space activity is not an imminent threat to public order, to the safety of persons and property and to health (Section 4 (1) Z 2 of the Space Law), the operator must settle the following:

1.

proof of compliance with a state of knowledge based on the relevant scientific knowledge of advanced methods, facilities, construction or operating methods, the functional capability of which is tested and proven. If, in the specific case, compliance is not considered or proof is not possible, it must be demonstrated that space activity does not, however, pose a direct threat to public order, to the safety of persons and property, and to for health,

2.

the results of tests which, according to the state of the art, have verified the safety and soundness of the space object;

3.

which, in the event of failure of communications or data connections, the loss of control over the space object, the failure of essential power supply systems, the storage system or the flight path control system, and the like extraordinary operational events, emergency plans and

4.

Information on the extent to which the space activity includes the observation of the Earth and which data are obtained. In particular, attention should be drawn to the degree of resolution of possible images of the earth's surface as well as to the planned transmission of data, in raw or processed state. In the course of space activity, data are to be used in the sense of the 2000 Data Protection Act, BGBl. No 165/1999, as amended, shall be submitted to the authorisations required for the processing and transmission of such data.

(3) In order to prove that the space activity of national security, obligations under international law or foreign policy interests of Austria is not contrary (Section 4 (1) (3) of the Space Act), the documents set out in paragraph 1 shall be submitted. of the assessment and, in particular, shall be determined by the operator:

1.

documents which provide information about the planned use and the recipient circuit of the data obtained within the meaning of paragraph 2 (2) (4) of this Directive,

2.

Information on the cargo of the space object.

(4) In order to demonstrate appropriate precautions for the avoidance of space debris within the meaning of § 5 of the Space Act (§ 4 paragraph 1 Z 4 of the Space Law), the operator shall settle the following:

1.

a report on the state of the art and in the light of the internationally recognised directives, in particular:

a)

in order to avoid space debris and mission residues during normal operations,

b)

in order to avoid the break-up of the space object in the Earth orbit,

c)

for the removal of the space object after the end of the space activity, either by controlled crashing or by the movement into a sufficiently high orbit ("graveyard orbit"), whereby in the case of space objects which are not maneuverable, the The Earth's orbit is to be selected in such a way that, at the end of its operation, it is not expected to remain in orbit for more than 25 years,

2.

A presentation on the measures taken to avoid collisions with other space objects in space.

(5) Proof that the object of space does not contain any dangerous or harmful substances which may lead to harmful contamination of space or to harmful changes in the environment (Section 4 (1) Z 5 of the Regulation). Space law) shall be accompanied by appropriate documentation from the operator.

(6) In order to demonstrate that the frequencies and orbital positions necessary for the radio operation of the space object may be used lawfully, appropriate permits shall be provided by the operator, or for a frequency coordination with the International Telecommunications Union (ITU) required documents (Section 4 (1) Z 6 of the Space Law).

(7) For proof of the conclusion of liability insurance within the meaning of § 4 (4) of the Space Law, appropriate documents shall be attached by the operator if he is not exempted in accordance with § 3 of the obligation to provide insurance or to reduce the amount of the insurance. Insurance sum is requested or the Federation itself is the operator of the space activity.

Application for exemption from the insurance obligation or reduction of the insurance sum

§ 3. The operator may apply for exemption from the insurance obligation or reduction of the insurance sum pursuant to § 4 (4) of the Space Law. In addition, he has to settle documents,

1.

To what extent the space-based activity of science, research or education is used,

2.

the risk from space activity and

3.

to the extent to which he is able to financially comply with his liability for personal injury or property damage.

Procedure

§ 4. (1) The provisions of the General Administrative Procedure Act 1991, BGBl, shall be applied to the procedure in so far as this Regulation or the Space Law does not determine otherwise. No 51/1991, as amended, application.

(2) The operator shall submit the documents required for the application for authorisation in accordance with this Regulation to the competent authority. These documents shall, as far as possible, be submitted in electronic form.

(3) The operator shall be particularly responsible for identifying those documents which, in the opinion of the operator, contain commercial or industrial secrets. The protection of business and business secrets must be taken into consideration.

(4) absence in the application for authorisation documents as referred to in paragraph 2 or if the information in the request for authorisation is incomplete, the authority, even if this is not the case in the course of the proceedings, has to supplement the application for authorisation. .

(5) The request for authorisation shall be dismissed in any state of the proceedings if, in the course of the proceedings, it appears in an unquestionable manner that the project runs counter to certain conditions of approval to such an extent that these deficiencies are subject to conditions. or conditions cannot be fixed.

(6) If the submission of the documents in accordance with Section 2 (1) (5) and (2) (2) (2) (2) (2) is not possible at the time of application for the application for a permit, this circumstance must be explained and justified by the operator in the application. The initial tenderer, which is envisaged in accordance with Article 2 (1) (1) (5), shall be indicated at the latest at the time of the decision on the application for approval. The submissions of the documents pursuant to § 2 (1) (5) and (2) (2) (2) (2) are to be applied to the operator by means of conditions or conditions.

Verification of approval requirements

§ 5. (1) The examination of the conditions of approval pursuant to § 2 and the exemption from the obligation to insure or reduce the insurance sum in accordance with § 3 is the responsibility of the Federal Minister of Transport, Innovation and Technology.

(2) In addition, the Federal Minister for Transport, Innovation and Technology may appoint appropriate experts in the field of transport, innovation and technology to request the type, extent or complexity of the application. There is no legal claim to an appointment to the expert.

(3) With regard to the review as referred to in paragraph 1, the Federal Minister for Transport, Innovation and Technology may, in particular, be able to include the Österreichische Forschungsförderungsgesellschaft (FFG) and/or the European Space Agency (ESA). Request an opinion.

(4) The continuing control and supervision of space activity pursuant to § 7 and Section 13 (1) of the Space Law shall be carried out by the Federal Minister of Transport, Innovation and Technology.

Registration

§ 6. (1) The operator shall transmit the information in accordance with § 10 of the Space Law and the information referred to in paragraphs 2 and 3 immediately after the start, but at the latest after two weeks, both in German and in English.

(2) In addition to the information provided for in § 10 of the Space Act, the operator shall provide the following information for the registration:

1.

the Committee on space research (COSPAR) designation, if applicable,

2.

the date and the Coordinated Universal Time (UTC) as the time of the launch,

3.

the expected date and the Coordinated Universal Time (UTC) of the re-entry of the space object,

4.

the date and the Coordinated Universal Time (UTC) of the transfer of the space object into a disposal orbit,

5.

the weblink for the official information of the space object,

6.

the spacecraft with which the space object is or has been launched; and

7.

the celestial body that the space object encircles.

(3) In the event of an exchange of operators, the original operator shall provide the following information:

1.

the date and the Coordinated Universal Time (UTC) of the change of operator,

2.

the identification of the new operator;

3.

in the event of a change of orbit, the parameters of the original orbit, and those of the new orbit, and

4.

any new function of space object.

(4) The registration shall be issued to the applicant for a certificate.

(5) The inspection of the register shall be open to all, to the extent that a legitimate interest is shown.

Cost of verification

§ 7. (1) The cost of the verification of the reliability in accordance with § 2 para. 1 Z 1 shall be borne by the operator. They are based on § 5 of the Security Fee Regulation, BGBl. No 389/1996, as amended.

(2) The operator shall bear the costs of the inspection by persons who are competent in accordance with Section 5 (2).

Fees

§ 8. The fees for the approval and registration procedure are EUR 6 500.

Public authority

§ 9. The competent authority for the implementation of the authorisation procedure and the management of the register is the Federal Minister for Transport, Innovation and Technology, without prejudice to the provisions of Section 17 of the German Space Act (Space Law). Converting positions.

Personal names

§ 10. In the case of the personal names used in this Regulation, the chosen form shall apply to both sexes.

Stöger