Expert: Without a Space Act, the sector is operating in the dark

The adoption of the Space Activity Act is crucial to regulating this rapidly developing sector in Poland. The act must finally be created; without it, Polish companies are operating in the dark, says Dr. Bartosz Malinowski, an expert in space law from the Space Research Center of the Polish Academy of Sciences.

Work on the act has been ongoing for several years; its introduction is part of the implementation of the Polish Space Strategy, adopted by the Council of Ministers in 2017. The first draft appeared in the Government Legislation Centre in 2017. Now – in mid-May this year – another draft, authored by the Ministry of Development and Technology, has been published.

This coincides with the upcoming launch (June 10) of the Polish technological and scientific mission to the International Space Station (ISS) – with Polish astronaut Sławosz Uznański-Wiśniewski among the four-person crew. The IGNIS mission is the result of an agreement between Poland and the European Space Agency (ESA). It has also become possible thanks to a significant increase in Poland's financial contribution to ESA projects in recent years. It also contributes to the dynamic development of the space sector in Poland.

"It is assumed that one of the industries that can contribute to the development of the Polish economy, based to a greater extent on knowledge, innovation and technological progress than on low production costs, is the space sector, which has recorded dynamic growth in recent years. Its key advantages include, above all, strengthening lasting contacts between science and industry, creating innovative technologies and stimulating international cooperation" - we read in the justification of the bill on the website of the Government Legislation Centre (RCL).

Meanwhile, the national legal system lacks provisions comprehensively regulating the principles of conducting space activities and supervision over these activities. Therefore, in the opinion of Dr. Bartosz Malinowski, an expert in the field of space law from the Space Research Center of the Polish Academy of Sciences, the introduction of the act on space activities is urgent and very necessary.

"Firstly, Poland, by not having a law on space activities, violates international law (the Treaty on Principles of Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies of 1967 - the so-called Outer Space Treaty), which affects the image of our country. Secondly, entrepreneurs have the right to a clear legal position so that they do not have to wonder how their activities will be regulated and what will be required of them, especially if such a decision were to be made during a project. Therefore, this law must finally be created - the sooner the better," he told PAP.

He added that today, companies from the Polish space sector are operating in the dark. "We already have Polish satellites in orbit, which of course do not violate international regulations, but the state should ensure that this space activity is carried out safely," he assessed.

The draft act specifies the principles of conducting space activities, the principles of liability for damage caused by a space object, the principles and procedure for controlling space activities, and the principles of liability for violating the provisions of the act, including the method of imposing financial penalties.

It is also intended to define the method of maintaining the National Register of Space Objects, the method of explaining events related to space activities (including the method of operation of the Commission for investigating unforeseen events related to this) and the procedure in the event of finding an item suspected of being space debris.

The new law is also to regulate the legal situation of entities that have launched space objects into space before the date of its entry into force. As the draft states, it does not provide for the obligation for them to obtain a permit to perform space activities, although they will be subject to liability for damage caused by a space object; according to the draft regulations - regardless of whether they are covered by civil liability insurance.

When asked what, in his opinion, is the most important provision in the draft act, the expert pointed to the very definition of outer space. "Firstly, international law requires us to impose the obligation to obtain a permit on all activities of national entities in outer space. But such an entrepreneur or scientific unit must know where this space is located; this is crucial. Importantly, the draft act provides a clear and easy-to-use national definition of outer space, which at the same time does not violate any international obligations of Poland," he said.

This proposed definition is: "outer space - the space above 100 km above sea level".

Another issue raised by Bartosz Malinowski is the record of the conditions for obtaining a permit for space activities using a given space object. "These objects are, however, very diverse - it can be a satellite, a rover or a suborbital rocket. It is therefore difficult to indicate one, rigid record of technical requirements that will fit each of these objects. In this respect, the legislator should ensure flexibility, which should also be ensured in the project," he explained.

When asked about the issue of space debris falling to Earth (which is also mentioned in the project), he assessed that in the case of the Polish space sector it is not the most important issue, because – as he said – currently Polish space objects are relatively small and therefore should be completely destroyed when returning to the denser layers of the atmosphere.

Along with the draft act, a draft regulation was also published on the mandatory third-party liability insurance of the operator performing space activities, covering damage caused by a given space object during the period of such insurance. It is to define the detailed scope of insurance and its minimum sum guaranteed.

The "package" also includes a draft regulation on the National Register of Space Objects, which is the implementation of the obligations undertaken by the Republic of Poland's accession to the Convention on the Registration of Objects Launched into Outer Space. This register - run by the Polish Space Agency - is to collect, among other things, information such as space object data, data on its launch and its status.

As we read in the justification for this regulation, "currently (May 2025) 20 space objects originating from Poland and placed in space since 2012 are identified. 5 of these objects are still in space. It is expected that in the first years of the register's operation, 5-10 space objects will be registered per year."

According to information on the website of the Council of Ministers, the planned date of adoption of the bill is the second quarter of this year.

Science in Poland, Agnieszka Kliks-Pudlik

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