Proposal for a Directive of the European Parliament and of the Council on the dissemination of Earth observation satellite data for commercial purposes

Author (Corporate)
Series Title
Series Details (2014) 344 final (17.06.14)
Publication Date 17/06/2014
Content Type

The Commission Communication on the EU Space Industrial Policy from February 2013 “Releasing the potential for economic growth in the space sector” identifies as one of the objectives for an EU space industrial policy the establishment of a comprehensive regulatory framework in order to improve legal coherence and foster the emergence of a European market for space products and services. In this context, the Communication refers in particular to the establishment of a possible regulatory initiative for the production and dissemination of high resolution satellite data for commercial purposes.

The Council Conclusions of 30 May 2013 on the above mentioned Communication recognise the need to examine existing legal frameworks with a view to promote the security, safety, sustainability and economic development of space activities and invite the Commission to assess the need for the development of a space legislative framework in the context of ensuring the proper functioning of the internal market.

In line with the above, this proposal for a Directive treats the subject of dissemination of Earth observation satellite data within the Union for commercial purposes, and in particular the issue of defining and controlling high resolutions satellite data (HRSD), as a distinct category of data requiring a differentiated regulatory regime when it is disseminated for commercial purposes. The proposal seeks to secure the proper functioning and development of the internal market for high resolution satellite data products and services by establishing a transparent, fair and consistent legal framework across Member States.

This Directive is necessary, as there are no express guarantees on the EU legal level that the dissemination of satellite data by commercial operators should be free and unrestricted within the Union, except dissemination of data that could be defined as high resolution satellite data, which should be controlled due to the higher potential risk that its unauthorized handling can entail. Furthermore, there is no common approach on the national regulatory level for the treatment of high resolution satellite data and for services and products deriving from this data. This leads to a fragmented regulatory framework across Europe, characterised by a lack of coherence, transparency and predictability which therefore hinders the market from developing to its full potential. In addition, as the number of Member States with high resolution data capacities is increasing it is likely to aggravate further the problem of fragmentation of the applicable regulatory framework, thus creating new barriers on the internal market and greater obstacles to competitiveness.

To overcome these problems this proposal will lead to an approximation of the Member States’ legislation in the domain of the dissemination satellite data to ensure coherence. It will help to reduce bureaucratic barriers for the industry and ease the efforts necessary to comply with legislative requirements. Business predictability will improve as there are clearer conditions for the establishment and operation of businesses. Business losses that may arise from the lack of clear and predictable conditions for data acquisition will be reduced and new business opportunities can be realised. There will be significant positive effects for the establishment and operation of high resolution satellite data providing businesses and for data sales.

Source Link http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2014:344:FIN
Related Links
EUR-Lex: COM(2014)344: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:344:FIN
EUR-Lex: SWD(2014)184: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2014:184:FIN
EUR-Lex: SWD(2014)185: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2014:185:FIN
ESO: Background information: EU enhances commercial access to Earth observation data http://www.europeansources.info/record/press-release-eu-enhances-commercial-access-to-earth-observation-data/

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