European Space Exploration Act of 2020
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I quite like the idea of a unitary European space agency. Space exploration is definitely an area which would benefit from a concerted and unified regional effort. Space exploration requires exceptional technical knowledge, skill, resources and money, and therefore a pooled effort would significantly help to reduce barriers to space exploration and help foster mutually-beneficial cooperation.
With that said, I'm not sure if this bill, at least in its current form, would help foster such cooperation. While I like the overall idea and premise of the bill, it certainly has some problems areas that need to amended in order for it to be effective.
I will go through it section by section, but my most immediate recommendation is that this bill requires a definitions section where some of the terms, acronyms, etc. have precise definitions. If a bill like this would have to go to the European Court of Justice, you would ideally want to leave as little room for interpretation as possible, and right now, there is a lot of room.
Section I is mostly fine, but I'm not quite sure what the Space Complex is. I can imagine it's some sort of headquarters, but the Space Complex is only mentioned in Section I and there is no description of it and it doesn't seem to have any sort of mandate or tasks assigned to it. I can imagine what it's purpose is supposed to be, but the legislation itself doesn't give us any indication.
My only problem with Section II is the very first line. It's quite vague, to the point that it seems like the ESA will expropriate all existing space technology of the member-states. What is meant by the term 'authority'? What is meant by the term 'member-state'? Does it mean the governments of the member-states, or the member-states as a whole? The vast majority of all space technology in Inquista is owned and operated by private companies for commercial purposes, and this vagueness sits uncomfortably with me.
Section III as a whole is very confusing. This is the section that would benefit the most from having a definitions section. I have no idea what a Hubble Space telescope is. I'm not entirely sure if any European state has used one of those. Same goes for whatever an Apollo is. Though, I agree with all the limitations. They sit fine with me. The only clause I find a bit strange is the last one about private space agencies having to apply for a license to operate from the ESA. Licensing as a whole has not been outlined in this bill, and no where in this legislation has it been mentioned that the ESA has licensing power to begin with. I assume then, that government agencies are automatically licensed? The term 'licensed national space agency' is mentioned near the end of the bill, but only in explaining something totally different, so I'm just assuming this is a thing. But again, legislation shouldn't leave room for massive and sweeping assumptions. Could a country create a government agency outside of the ESA? Could there theoretically be an unlicensed government agency? It is mentioned earlier in the bill that the ESA would have authority over member-state space technology, but the rest remains unclear.
Section IV also leaves me pretty lost. What are Space Memorandum Resolutions? What are Space Research and Exploration Regulations? Having an 8-member Space Exploration and Research Council also strikes me as quite arbitrary, and I feel like every member-state of the ESA should automatically get one and only one member of the SERC, otherwise why would a member-state consent to joining such an organization without having any representation?
These are just my thoughts. I'm interested in what others have to say.
Edward Firoux
Council Speaker and Councillor for Inquista -
Thank you Cllr. Hufton for provoking this discussion in the council, its been a topic I have been meaning to tackle for quite some time but was unsure of how to tackle it. That being said, this act has many sections that go against the Archrepublic's goals, ethics, and current successes in space exploration. Unless this act is massively overhauled, the Archrepublic will not support it.
Truth be told, I had about fifteen or so amendments ready to effectively rewrite this act. Many of which would gut it and change entire goals of the act. I realized however it would be more useful to say that this act just is incompatible with what I and the Archrepublic view as necessary to successful exploration of the stars. For now I will not propose these amendments as I am still researching and cutting them as necessary to be effective ways to amend this act, but I did wish to get my thoughts out before this.
Firstly, the first section covers the establishment of some European Space Administration. That was to be expected with such an proposed act on this topic, however, it stays that the ESA will build a "Space Complex" in the Free City of Europolis. I can only assume without proper definitions that this act is proposing building a launch site not just in the middle of highly populated landlocked section of the European continent , but in a major city!?!?! For the safety of the citizens here in Europolis I can not support such a dangerous proposal.
Launch sites are typically built by the water or in extremely rural areas. This is to ensure that in case of a major launch disaster that the danger to civilians will be as limited as possible. If the ESA is to have its own launch site it must fit one of these parameters. However, this rests on the definition of a "Space Complex" being a launch site, and not just a generic headquarters or mission control area. I request Cllr. Hufton propose an amendment to properly define "Space Complex".
If "space complex" is to mean a launch site, I would much rather that the ESA work as some sort of optional intermediary for EU Member-states and private corporations that get those who need an area to launch their space-related projects together with those who already have the necessary facilities in the right location. This would be a far more effective use of European budget funds as well as give the intention of fostering cooperation in the EU.
Moving onto section two. I have significant issues with the wordings on this section. This section states that the ESA will have total authority over space technology by any member-state in the European Union, much like Speaker Firoux I am confused as to whether this may or may apply to private companies. I am more concerned however by how this would cover military applications of space technology, as well as a completely overarching European arm not on the relatively young space industry. Alongside blanket authority to dull out "appropriate punishments" and more possibly unnecessary regulations with little if any say from the member-states; this entire section is a non-starter with the Archrepublic. It either needs to be completely reworked or removed completely to have any chance of being accepted by us.
I would love to see the ESA work to instead cross-harmonize regulations between member-states.
The Archrepublic will also not stand for the limitations proposed in the first portion of Section 3. The Archrepublic's position geographical makes launches both a big investment and risk for any party involved. If this act were to pass it would violate this entire section, as the Archrepublic will not deorbit any satellites to meet these completely artbitary and rather insane limitations. This is also on my working assumption that this section seeks to limit the total number of satellites, or is it mass? Possibly number and mass? It's quite hard to tell without properly defining what this entire portion of the section means with hard numbers and units. Does it apply to private organizations as well? I'm sorry but this attempt to limit space exploration is not only outrageous but detrimental for the development of continued spaceflight.
Does the act intend to ban the use of nuclear energy for only launch vehicles or any space vehicle? Nuclear propulsion is theoretically among the safest and most outright efficient in propulsion methods for long term space vehicles and the Archrepublic would like to see this section more defined or removed until more research has been finalized on the subject. It should be noted you can not use nuclear energy in any way right not as a fuel for launch vehicles due to the practical limitations.
Finally, does the three launches a day apply across the union or per member-states? Overall I would like to see this section removed nonetheless.
I would prefer the ESA not be an additional middleman for private organizations to get involved in the space industry, Vayinaod has worked extremely hard over the last 15 years to foster its private space industry. I believe that the ESA, if its governing bodies were expanded to all member-states with representatives, could establish basic guidelines and requirements but it should remain up to the memberstates, The ESA could limit these organizations in cross border functions obviously however.
Finally in Section 4, I would like to see how other Councillors would feel if this entire section was amended to be simply a European Space Advisory Council, where every national agency was awarded one representative automatically, with one Director elected annually by the council. Similar to my European Aviation Standardization Act.
I think my thoughts as best summarized as such, this act needs definitions and better ways to describe what it intends, but if its intentions are what I am reading right now. I can not support this act, and I am afraid my amendments would completely dismantle the author's intentions and I have no wish to hijack someone else's act without their consent.
Finally I would request a debate extension of 72 hours from Speaker Firoux.
Cllr. Carita Falk
Archrepublic of Vayinaod -
To explain properly what some terms used here really means.
Firstly, the ESA space complex will be built on the edge of the Free City of Europolis via land reclamation. This will mainly house the ESA Central Office but may also be used by any space company, government-owned or private, if necessary. And I agree to Cllr. Falk's idea "that the ESA work as some sort of optional intermediary for EU Member-states and private corporations that get those who need an area to launch their space-related projects together with those who already have the necessary facilities in the right location".
Secondly, the ESA will have authority over both national and private space agencies within a member-state.
The main goal of the regulations given on Section III is to limit the amount of nuclear waste and space junk orbiting around the Earth and to prevent spread of radioactive material in case of an in-flight explosion.
The ESA is not an additional middleman for private organizations to get involved in the space industry. The ESA will remain neutral over the private space companies and will have no authority over their transactions and intercompany relations.
The ESA is made to also assist any national and private space companies in case of emergency or any other necessity like additional personnel or additional space vehicle.Ben Hufton
Councilor, United Reichs of Reitzmag -
The debate extension shall be granted. Councillors will have until 22:45 GMT January 29th, 2020 to further debate this bill and propose amendments.
Edward Firoux
Council Speaker and Councillor for Inquista -
I would like to propose the following amendments to specify some conditions given:
Amendment I:
Section I.
Whereas, the ESA will have its headquarters in the Free City of Europolis and office branches within all member-states of the European Union.
Whereas, the ESA will build a Space Complex within the edge of the Free City of Europolis via land reclamation.
Whereas, the ESA Space Complex may be used by any space agency, whether government run or private owned, of all European member-states if necessary.Amendment II:
Section II.
Whereas, the ESA shall have authority over the use of space technology by any member-state of the European Union including government run or private owned agencies.
Whereas, the ESA may give any appropriate punishment to any space agency of any member-state that violates any section of this act, this may include suspension of operation within a certain period of time.
Whereas, the ESA may establish additional regulations about space research and exploration via the SERC.
Whereas, the ESA has the rights to issue licenses to private space agencies for operation.
Whereas, the ESA may hand-over the jurisdiction to the ECoJ if a member-state fails to comply with any Space Research and Exploration Regulation (SRER).
Whereas, the ESA has no rights over military exercises that involves the use of space technology.
Whereas, the ESA shall remain transparent of all information gathered whether from joint or independent researches.Amendment III:
Section III.
Whereas, space vehicles such as rockets and satellites sent out have the following limitations for each location:
For each member-state:- Low-Earth orbit- corresponds to the size of 4 Hubble Space telescopes
- Medium Earth orbit- corresponds to the size of 7 Hubble Space telescopes
- High Earth orbit- corresponds to the size of 10 Skylab Satellites
- Moon- corresponds to 3 Apollo 11 Lunar Modules
- Beyond Earth orbit- unlimited number of vehicles
Whereas, use of Nuclear Energy for fueling space rockets are prohibited.
Whereas, launching of space vehicles each day is limited to 3 rockets per space agency to prevent the increase of pollution via too much combustion of rocket fuel.
Whereas, use of space-borne WMD is prohibited.
Whereas, national space agencies must notify the ESA for any incoming space launches.
Whereas, all national space agencies are automatically given license to operate.
Whereas, all member-states may only have 1 dedicated national space agency.
Whereas, private space agencies must apply for a license to operate from the ESA.Amendment IV:
Section IV.
Whereas, the Astronaut General shall hold the highest authority over the ESA and shall preside over council meetings.
Whereas, the Directors of Space Exploration and Space Research shall presideside-to-sidetogether over SERC meetings in the absence of the Astronaut General.
Whereas, the Space Exploration and Research Council (SERC) shall be made up of 8 members which vote over proposed Space Memorandum Resolutions (SMR) to be passed as a Space Research and Exploration Regulation (SRER).
Whereas, the absence of any SER Councilor shall be limited to 14 consecutive days.
Whereas, SER Councilors absent from the SERC for more than 14 consecutive days are subject for replacement and immediate by-election.
Whereas, the following officials in the ESA must be elected within a period of time:- Astronaut-General- elected every 6 months
- Director of Space Exploration (DSE)- elected every 3 months
- Director of Space Research (DSR)- elected every 3 months
Space Exploration and Research Council- elected every 6 months
Whereas, all member-states shall provide a representative in the Space Exploration and Research Council (SERC)
Whereas, all member-stateswith a licensed national space agencyhave the rights to nominate at most3 candidates for the SERC,1 candidate for either the DSE or the DSR, and 1 for Astronaut-General.
Whereas, election of ESA Officials shall follow the same election procedures of the European Commission.Amendment V:
Section V. Definitions of Terms and Specification of Parameters
Whereas, the Hubble Space Telescope's size in Section III is defined as:- Length: 43.5 feet (13.2 m)
- Maximum Diameter: 14 feet (4.2 m)
Whereas, the Skylab Satellite's size in Section III is defined as:
- Length: 84 feet (25.6032 m)
- Maximum Diameter: 22 feet (6.7056 m)
Whereas, the Apollo 11 Lunar Module's size in Section III is defined as:
- Weight: 15,103 kg
Whereas, the ESA Space Complex in Section I will be defined as:
- Total Land Area: 600 sq. km (231.661 sq. mi)
- Total Reclaimed Land Area: 500 sq. km (193.051 sq. mi)
Whereas, Space Memorandum Resolutions are defined as to something similar to proposals made to the EU Council but are intended only for the SERC which follows the same procedures until it becomes a Space Research and Exploration Regulation.
Whereas, Space Research and Exploration Regulations are laws intended for space research and exploration whether to restrict an action or to further support something such as a new method of launching spacecraft.Note:
- All additional phrases, clauses, articles, or parts are italicized.
- All parts of the previous proposal that are in strike through are subject for removal.
- An additional Section V is included for the sake of Definitions of terms and Specification of parameters.
Ben Hufton
Councilor, United Reichs of Reitzmag -
I appreciate Cllr. Hufton's clarifications, it makes understanding the intent at least for debate on this act easier. However, considering the massive implications on a multi-billion dollar industry, the bill as is still presents some issues.
Namely still the purpose and potential outright danger of the "space complex" whose apparent dimensions have already been decided but still with a generic purpose of being a headquarters and 'usable' by other agencies. Along with greater environmental dangers of simply ripping apart the environment in the Free City to "reclaim" over 500 square kilometers.
I have some amendments that I believe will improve the overall act.
AMENDMENT VI
Section I. Establishment of European Space Administration (ESA)
Whereas, the ESA will have its headquarters in the Free City of Europolisand office branches within all member-states of the European Union., as well as additional office branches as allowed by European Member-states.
Whereas, the ESAwill build a Space Complex within the Free City of Europolis.will prepare a report to the Premier Commissioner and the European Council on the feasibility of a regional spaceport.
Whereas, a spaceport shall be defined as a site capable of launching and receiving space craft, launch vehicles into orbital or suborbital trajectories; this site shall be capable of whatever activities are needed to support said actions.
Whereas, the report complied by the ESA shall focus on the potential impact to the local area of proposed sites, total end cost, safety to local residents, and long term feasibility of the project.
Whereas,the ESA Space Complex may be used by any national space agency of European member-states if necessary.on a case by case basis, ESA facilities shall be considered open for use by European Union Member-states, private organizations. The European Union has the right to request compensation for this use.AMENDMENT VII
Section II. Rights and Duties of the ESA
Whereas, the ESAshall have authority over the use of space technology by any member-state of the European Union.shall work to invest and research in new technologies and sciences that relate to the civilian use of space. The ESA shall work with national agencies in member states to cross-harmonize regulations.
Whereas, the ESAmay give any appropriate punishment to national space agencies of any member-state that violates any section of this act.may provide administrative punishments to any local agencies or private entity that violates any section of this act, and any regulations established by the ESA. The Commissioner of Internal Affairs shall be considered the final arbiter in any dispute against administrative punishments.
Whereas, the ESA shall attempt to the best of its ability refer any judicial punishments to lowest appropriate level after consultations with member-states.
Whereas, the ESA may establish additional regulations about space research and exploration.
Whereas, the ESA may hand-over the jurisdiction to the ECoJ if a member-state fails to comply with any Space Memorandum Circulars (SMRs).
Whereas, the ESA shall have the ability to participate in incident investigations of regional important, or as requested by member-states of the European Union. The ESA shall issue a report to the European Council if any investigation is conducted.
Whereas, the ESA shall provide a biannual report on its activities to the European Council, and a yearly budgetary request.
Whereas, the ESA shall set forth standards and recommendations on regulations; it has no right to establish outright regulation without the consent of a member-state.
Whereas. the ESA has the right to be notified of civil use of space, as well as potential emergencies that could impact multi-nations.AMENDMENT VIII
Section III. Space Research and Exploration Regulations
Whereas, space vehicles such as rockets and satellites sent out have the following limitations for each location:
For each member-state:Low-Earth orbit- corresponds to the size of 4 Hubble Space telescopes
Medium Earth orbit- corresponds to the size of 7 Hubble Space telescopes
High Earth orbit- corresponds to the size of 10 Skylab Satellites
Moon- corresponds to 3 Apollo 11 Lunar Modules
Beyond Earth orbit- unlimited number of vehicles
Whereas, use of Nuclear Energy for fueling space rockets are prohibited.
Whereas, launching of space vehicles each day is limited to 3 rockets to prevent the increase of pollution via combustion of rocket fuel.
Whereas, use of space-borne WMD is prohibited.
Whereas, national space agencies must notify the ESA for any incoming space launches.
Whereas, private space agencies must apply for a license to operate from the ESA.AMENDMENT IX
SectionIVIII. Administration of the ESA
Whereas, the Astronaut General shall hold the highest authority over the ESA and shall preside over council meetings.
Whereas, the Directors of Space Exploration and Space Research shall preside side-to-side in the absence of the Astronaut General.
Whereas, the Space Exploration and Research Council (SERC) shall be made up of 8 members which vote over proposed Space Memorandum Resolutions (SMR) to be passed as a Space Research and Exploration Regulation (SRER).
Whereas, the absence of any SER Councilor shall be limited to 14 consecutive days.
Whereas, SER Councilors absent from the SERC for more than 14 consecutive days are subject for replacement and immediate by-election.
Whereas, the following officials in the ESA must be elected within a period of time:Astronaut-General- elected every 6 months
Director of Space Exploration- elected every 3 months
Director of Space Research- elected every 3 months
Space Exploration and Research Council- elected every 6 months
Whereas, all member-states with a licensed national space agency have the rights to nominate at most 3 candidates for the SERC, 1 for either the DSE or the DSR, and 1 for Astronaut-General.
Whereas, election of ESA Officials shall follow the same election procedures of the European Commission.Whereas, the ESA shall be organized, and overseen under the purview of the Commissioner of Internal Affairs
Whereas, the Commissioner of Internal Affairs will appoint a Director of the European Space Agency, and may dismiss them as they see fit.
Whereas, the Director of the ESA will oversee the day to day operations of the ESA, as well as chair the ESA Advisory Council.
Whereas, the ESA Advisory Council will be composed of one representative from each member-state.
Whereas, the ESA Advisory Council shall set forth standards, recommendations, as well as conduct other administrative duties within the ESA.
Whereas, the ESA shall received its director and have its council established within a one year period from the passage of this act. Any standards, recommendations, or other declarations from the ESA shall have a one year grace period to be fully implemented.
These amendments, I believe in a way drastically alter the act, but make it far more acceptable for the Archrepublic. I did model it after my the European Aviation Standization Act.
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Thank you Cllr. Falk, I suggest that you have made a better amendment that really suits the interest of both parties, now therefore. I, Ben Hufton, Councilor for the United Reichs of Reitzmag, withdraw the whole of my 5 amendments.
It can also be observed that the EU Council is becoming more active because of these resolutions. I also commend the councilors from Inquista and Vayinaod for their great dedication in helping me understand the basic concepts of proposing laws for the EU.Lastly, I would like to request that an OIC Director of the European Space Agency be assigned by the council immediately after this act is passed.
This also goes without saying that I vote FOR amendments VI, VII, VIII, and IX.
Ben Hufton
Councilor, United Reichs of Reitzmag -
Good afternoon everybody.
I might say that the United Reichs of Reitzmag has started working very fast, and today they have brought us a very interesting proposal that I'm looking forward to analyze properly.
But, I'd like to specially focus on the proposed Section VI. This section seems to me as a very unnecessary one. In my opinion, the European Union doesn't need more charges or seats for every single important organization we make. Of course they need a director and such things like that, but not charges like Astronaut General. So, I'll vote FOR the proposed amendants by Cllr. Falk.
Anyway, I look to get this passed and start working all together in exploring the space, because we need that. And, from my point of view, if something has been prooved by the European Union, is the fact that together we're stronger and we can make more things than being separated.
Alfonso Rodríguez
Councillor, Spain -
On behalf of the Most Blessed State of Inquista, I vote FOR all of Councillor Falk's amendments.
Voting on amendments will continue to be open for a further 72 hours, until 06:30 GMT February 2nd, 2020.
Edward Firoux
Council Speaker and Councillor for Inquista -
On behalf of the Archrepublic of Vayinaod, I vote FOR all of my amendments.
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On behalf of the Kingdom of Spain, I vote FOR all of Councillor Falk's amendments.
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On behalf of the Democratic Republic of Boseevick, I vote FOR all of Councillor Falk's amendments
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Apologies for the significant delay.
With 6 votes for, ALL of Councillor Falk's amendments have been PASSED. The original piece of legislation has been updated to reflect the passed amendments.
Final voting on the legislation begins NOW and will last until 03:30 GMT February 9th, 2020.
I applaud Councillor Falk's amendments, which, in my opinion, have saved this bill. Thus...
On behalf of the Most Blesse State of Inquista, I vote FOR this bill.
Edward Firoux
Council Speaker and Councillor for Inquista -
On behalf of the Kingdom of Gallorum, I, Marion Rousselot vote FOR the act.
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On behalf of the United Reichs of Reitzmag, HM George I, and all of the Reitzmen. I vote FOR this bill.
I also would like to appreciate nominating Engr. Friedrich Johann von Schwitz of the Reitzmic Royal Space Agency as Director of the ESA.Ben Hufton
Councilor, United Reichs of Reitzmag -
On behalf of the Kingdom of Spain, i vote FOR this act
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I wish to firstly say I believe that while my amendments have helped make this bill more easy to digest; it is far more fair to say that they were simply band-aid solutions.
My personal belief is that something like the ESA should be a treaty based organization, and my government has concurred with this assessment.
I, Carita Falk, on behalf of the Archrepublic vote AGAINST this act.
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Voting has now concluded. With 4 votes for and 1 vote against, this Act has PASSED.
Edward Firoux
Council Speaker and Councillor for Inquista
The Kingdom of Spain