Key Benefits:
Law of 24 January 2007, laying down rules on space activities and the establishment of a register of space objects (Law space activities)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In particular, we have taken into consideration the need to lay down rules on space activities and the establishment and management of a register of space objects;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
b. Space activities: launching, operating the flight or the management of space objects in the cosmic space;
c. Space object: any object launched or intended to be launched in the cosmic space;
d. Dutch ship: a ship as intended in Article 1 (b) of the Seafarers ' Law ;
e. Dutch aircraft: one in the Netherlands under Article 3.3 of the Aviation Act registered aircraft;
f. Space Convention: the Convention established in London/Moscow/Washington on 27 January 1967 on the principles to which the activities of States are subject to the research and use of the cosmic space, including the Moon and other celestial bodies (Trb. 1967, 31);
g. Liability Convention: the Convention on International Liability for Damage caused by Spits (Trb), established in London/Moscow/Moscow on 29 March 1972. 1981, 37).
1 This law applies to space activities carried out in or out of the Netherlands or from a Dutch ship or Dutch aircraft.
2 In the case of a general measure of management, this Act may also apply, in whole or in part, to:
a. To designate space activities carried out by a natural or legal person in the Netherlands on or from the territory of a State not party to the Space Convention or on or from a ship or aircraft which is a natural or legal person falls under the jurisdiction of a State which is not a Party to the Space Convention;
b. Organing from the Netherlands by a natural or legal person of activities in the cosmic space.
This law shall also apply in the public entities Bonaire, Sint Eustatius and Saba.
1 It is prohibited without any authorization from our Minister for space activities as intended in Article 2 to be performed.
2 The first paragraph shall not apply to space activities carried out under the responsibility of one or more of these Ministers.
3 The authorization may be subject to rules and restrictions for the purpose of:
a. security of persons and goods;
b. Protection of the environment in the cosmic space;
(c) financial security;
d. protection of public order;
e. safety of the State;
f. It may comply with the international obligations of the State.
4 The authorization is granted subject to the possession and maintenance of the possible cover for liability arising out of the space activities for which authorization is requested. This shall take into account what can reasonably be covered by insurance.
5 An authorisation may be granted for a period within which the space operations are to be caught by the holder of the authorisation.
6 The permit is granted for the duration of the space activities.
7 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of the provisions of the fourth paragraph.
1 The application for a permit is filed with Our Minister.
2 In the case of ministerial arrangements, detailed rules may be laid down on the manner in which the application is made and the particulars and documents supplied by the applicant.
3 In the case of ministerial arrangements, requirements may also be made to which the applicant must comply in order to be eligible for authorisation. These requirements may relate to:
a. the knowledge and experience of the applicant;
b. obtained consent to the use of frequency space.
1 Our Minister shall decide on an application for a licence within six months of receipt of the licence.
2 With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to an application for authorisation.
1 A licence shall be refused if:
(a) compliance with a Convention or a binding act of an international organisation which progresss;
b. facts or circumstances in the judgment of Our Minister indicate that the security of persons and goods, the protection of the environment in space, the protection of public order or the security of the state by the granting of the permit may be put at risk;
(c) the provision of such rules would be contrary to the rules laid down in this Act.
2 A permit may be refused by Our Minister if:
a. A previously issued permit has been revoked for violation of the rules laid down in or pursuant to this Act, or of the regulations attached to the licence;
(b) the applicant has failed to fulfil his obligations arising from a permit granted previously;
c. the application or applicant does not comply with the rules laid down by or pursuant to this Act;
d. well-founded fear exists that the applicant will not act in accordance with the rules laid down in or under this Act;
e. the protection of interests, mentioned in Article 3, third paragraph -This is progressing.
1 The authorisation shall be withdrawn if:
(a) the permit holder so requests;
Compliance with a Convention or a binding act of an international organisation shall require that the Convention be complied with;
(c) the fear is legitimate that the entry into force of the authorization will endanger the safety of persons and goods, the protection of the environment in space, the protection of public order or the safety of the State.
2 A permit may be revoked by Our Minister if:
a. Not in accordance with the rules laid down in or pursuant to this Act, or the regulations attached to the authorisation, or are being acted upon;
b. the space activities have not been caught within the time limit set;
The purpose of the space activities for which authorisation has been granted has been substantially changed;
d. This is justified by a change in the technical or financial possibilities of the holder of the authorisation;
e. the particulars or documents provided for in the application appear to be incorrect or incomplete, that a different decision would have been taken on the application, if the proper conditions had been fully disclosed in the assessment of the application;
f. the protection of interests, mentioned in Article 3, third paragraph -This is progressing.
3 Before the authorisation is withdrawn, our Minister shall take all necessary measures to ensure the safety of persons and goods, the protection of the environment in space, the protection of the public order or the safety of the State. To that end, our Minister shall give the necessary instructions to the person whose licence is to be withdrawn. This is required to follow the instructions.
4 On the grounds mentioned in the second paragraph, our Minister may withdraw from the authorization, instead of the permit, amend it.
1 The licence shall not be transferable.
2 Our Minister may, upon request, adjust the authorisation of the licence if the licence is held by a legal entity which merges, is split or changes its name.
1 In the case of a general measure of management, provision may be made to cover the costs of activities or services in order to carry out, in the case of, a fee determined by or under this Law by the person for whom work or services is to be carried out. services have been carried out in accordance with rules laid down in or pursuant to general rules of administration.
2 If a sum due pursuant to paragraph 1 has not been paid within the time limit set, the corresponding amount shall be increased by the statutory interest from the date on which that period has elapsed.
3 If not paid within the period referred to in paragraph 2, the person owed the amount in writing shall be ordered to pay, within two weeks, the amount, increased by the statutory interest and the cost of the formal notice.
1 If an occurrence occurs or has occurred that may pose a danger to the safety of persons and goods, the protection of the environment in space, the protection of the public order or the safety of the State, or otherwise the permit holder shall without delay take the measures reasonably required of him to prevent the effects of that event or, to the extent that such effects cannot be prevented, as far as possible. Restrict and undo.
2 The permit holder shall inform our Minister without delay as referred to in paragraph 1 and shall provide information as soon as possible with respect to:
a. the causes of the occurrence and the circumstances under which the occurrence has occurred;
b. the information which is relevant for assessing the nature and gravity of the effects of the occurrence;
c. the measures taken or considered to prevent, reduce or eliminate the effects of the occurrence;
d. the measures taken or envisaged to prevent an occurrence of such an occurrence during a space activity.
1 Our Minister holds a register of data on space items used in space operations as intended in the Ministry of the European Union. Article 2 .
2 The holder of the authorisation shall provide the records necessary for the register in the event of a general measure of management.
3 Our Secretary of State is responsible for the registration of space objects used in the framework of space activities carried out under the responsibility of one or more of Onzer Ministers.
4 In the case of, or under general management, rules shall be laid down for the implementation of this Article.
1 In the event that the State is required to pay damages pursuant to Article VII of the Space Treaty or the Liability Convention, the State shall have the right to recover all or part of it from the person whose space activity is caused the damage.
2 The permit holder shall be liable, by event or series of events of the same cause, for damage caused by his space operations, up to the amount of the insured amount, intended Article 3 (4) .
3 The State shall exercise the right of redress provided for in paragraph 1 and, where appropriate, to the holder of the authorization up to a maximum of the amount of the insured sum insured, as specified in paragraph 1. Article 3 (4) .
4 The State may, as the case may be, also exercise the right of redress against the insurer of the holder of the authorisation.
1 With the verification of compliance with or under the conditions of Articles 3 , 7, third paragraph, third sentence , 10 , and 11, second paragraph The officials appointed by the decision of Our Minister shall be responsible.
2 A decision as referred to in paragraph 1 shall be communicated in the Official Journal.
1 Our Minister is empowered to apply administrative coercion to enforce the Articles 3 , 7, third member , 10 and 11, second and fourth paragraphs, of this Act and from Article 5:20 of the General Administrative Law .
2 For the purpose of application of the first paragraph, urgency shall be as set out in Article 5:24, Fifth paragraph, of the General Law governing the administrative law where, in any event, failure to comply with the obligations referred to in the first paragraph constitutes a serious and direct threat to the safety of persons and goods, the security of the State or public policy.
1 Where violation of the provisions of, or pursuant to Articles 3, 1st, 3rd and 4th Members , 7, third paragraph, third sentence , 10 , or Article 5:20 of the General Administrative Law , Our Minister may impose an administrative fine of up to € 450 000 or, if that is more, 10% of the company's relevant annual turnover in the Netherlands.
2 In cases of infringement of the provisions of or pursuant to Article 11, second and fourth paragraphs , Our Minister may impose an administrative fine of up to € 100 000.
1 [ Red: Modises the Law on Economic Crimes.]
2 [ Red: Modises the Law on Economic Crimes.]
1 Space activities as referred to in Article 2 which are due to take place on the date of entry into force of this Act, may be continued without authorisation for a period of 12 months from that date.
2 Every person shall, within six months of the date of entry into force of this Law, communicate to our Minister the space activities he carries out and to which this law may relate.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Law space activities.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 24 January 2007
Beatrix
The Minister for Economic Affairs
,J. G. Wine
Published the sixth of March 2007The Minister of Justice
E. M. H. Hirsch Ballin
