Decreto-Lei n.º 16/2019
- Emissor:Presidência do Conselho de Ministros
- Entidade Proponente:Ciência, Tecnologia e Ensino Superior
- Tipo de Diploma:Decreto-Lei
- Páginas:454 - 462
Summary in plain english (Without legal value)
What is it?
This decree-law establishes rules about the access and exercise of space activities, on national territory or abroad, by Portuguese or foreign operators (provided that they are established on national territory).
What is going to change?
To begin any space activity, for instance the management of launching centres (premises aimed for the launch of space objects), is mandatory to:
- obtain a license;
- register the space objects.
An unitary license (applied to each space operation) or a global license (applied to all space operations of the same type) may be requested.
The license is granted by the Space Authority (AE), within 90 days upon the receipt of the request and after the verification of certain requirements.
It is valid for as long as the operation(s) in question may last and may be transferred to another operator, when authorized by the AE (within 60 days).
It expires when:
- the space activity ends;
- the holder waives the license granted.
The AE shall revoke it if its holder does not comply with his/her duties in the exercise of the activity.
The space activities are supervised by the AE.
The space objects (objects launched or intended to be launched to space, such as the satellites) must be registered before the AE.
The space activities may be subject to a previous qualification of the operators, systems, processes, characteristics and specifications.
The previous qualification may be requested before the AE.
It is not necessary to submit the information on the previous qualification certificate during the licensing proceeding.
The previous qualification expires in the cases of termination of the operator’s activity, resignation of the previous qualification certificate and non-compliance with the provisions established by the AE.
The operators are responsible for the damages caused during the exercise of the space activity.
Therefore, they are bound to hold an indemnity insurance which policy must be submitted upon the submission of the license’s request.
The non-compliance with his/her obligations (the submission of false information, for instance) by the space operator incurs an offense and is punishable with fines from 250€ to 44 891.81€.
The AE is responsible for the management of the offences.
Until the incorporation of the space authority, its competences and responsibilities were exercised by the National Communications Authority (ANACOM).
What advantages does it bring?
This decree-law aims to ease the access to the exercise of space activities in the country, through a faster process of licenses’ assignment.
It promotes the emergence and development of companies in this activity sector.
When does it enter into force?
This decree-law enters into force on the day following its publication.