Building upon its Space Strategy released in 2023, the German government recently shared their initiative (in German) to create a dedicated Space Act (Weltraumgesetz, or WRG), identifying six key areas in their Key Points of the Federal Government for a Space Act (Eckpunkte der Bundesregierung für ein Weltraumgesetz) of 4 September 2024 (published in German only). The proposed German Space Act shall address the expanding role of private actors in space and the need for a legal and regulatory framework to manage non-governmental space activities. Driven by international obligations under treaties like the Outer Space Treaty, the Registration Convention, and the Liability Convention, Germany seeks to oversee these activities, ensuring their compliance with public safety, national security, and environmental standards. Currently, Germany, as many other states, lacks legal means to control or intervene in private space activities effectively. The purpose of a German Space Act would be to establish such means and to shield Germany from liability vis-à-vis other countries for damages in space caused by private actors acting within the German territory or under German control.

The six key areas identified by the German government can be summarized as follows:

  1. Scope of Application: The German Space Act shall apply to all space activities undertaken by German citizens, companies, and organizations operating within German territory or using German-registered vehicles, except for certain government-affiliated and international projects. This scope covers civilian and commercial space activities, ensuring that operations do not threaten public safety, order, or national defense.
  2. Licensing Requirement: Any German entity involved in space operations must obtain a license under the German Space Act. This includes meeting criteria around operator reliability, public safety measures, and adherence to sustainability practices. Licensing will also require evidence of effective operational controls and accountability, enabling the German government to mitigate risks associated with space activities.
  3. Liability and Insurance: The German Space Act introduces a financial accountability mechanism for private operators. Operators must secure liability insurance or a financial guarantee to cover potential damages Germany may be liable for under international agreements. The proposed liability of private actors includes a liability cap based on the operator's revenue and excludes public and research-based organizations from liability unless in cases of intentional or gross negligence.
  4. Monitoring and Enforcement: The German Space Act shall provide for continuous monitoring of space activities to ensure compliance with national and international obligations. Authorities will have the power to enforce regulations to prevent risks to public safety, national defense, and environmental sustainability. The government may require operators to prioritize resources for national security in cases of emergency.
  5. Registration of Space Objects: Space objects launched by German entities must be registered in accordance with the Registration Convention. This provision ensures transparency and traceability of objects in orbit, essential for international accountability and coordination.
  6. Implementation and Execution: The German Federal Ministry for Economic Affairs and Climate Action (Bundesministerium für Wirtschaft und Klimaschutz, BMWK) will oversee the implementation of the Space Act, potentially involving organizations like the German Aerospace Center (Deutsches Zentrum für Luft- und Raumfahrt, DLR) to assist with specific tasks. A coordinated approach across governmental departments will streamline licensing and regulatory compliance, integrating relevant stakeholders into the decision-making process.

The proposed legislation also encourages innovation by making compliance more accessible for start-ups, scale-ups, and SMEs in the space sector. Recognizing potential future EU legislation on space, namely the EU Space Act initiative, Germany’s initiative for its own Space Act remains open to alignment with broader European policies, emphasizing both national and international cooperation in upholding environmental and operational standards in space activities.

In fact, the legislative initiative for an EU Space Act, due to the limited competencies of the EU institutions, which is based on, among others, the EU's focus on the single market and the subsidiarity principle, will likely have a limited scope and, for example, not cover local licensing requirements, liability and insurance, or national security.

Credits: Photo by Patrick Hendry / Unsplash