The Swiss Federal Council published the preliminary draft of a new Federal Act on Space ("PD-SpA") in the beginning of 2025. In the new act, the Federal Council intends to regulate the following:
- Creation of a national legal framework for the space industry, in particular to introduce a liability concept for space travel activities.
- Implementation of an authorization and supervision requirement for civil space travel activities in Switzerland.
- Introduction of sustainability requirements for the handling of "space debris".
Elias Mühlemann and Joel Drittenbass from VISCHER have analyzed this preliminary draft from the perspective of legal practitioners. In doing so, they have identified various opportunities for improvement (see consultation response).
This initial blog post on the future Space Act explains the Federal Council's regulatory intent and shows how the future Space Act could be designed to be clearer and more innovation-friendly. In a new blog series, we will present further specific aspects of the draft.
1. Why does Switzerland need a Space Act?
International public law provides that nations are responsible for activities in outer space carried out from their territory, regardless of whether these activities are conducted by governmental organizations or by other, particularly civil, actors (SR 0.790, Art. VI). Just a few decades ago, there were almost no civil outer space activities – hence, no need for implementing a regulatory framework. This has changed significantly in recent years due to technological developments. In fact, transport into space can now be "booked" via online shops (see Link) and Youtubers are also sending their own mini-satellites into space (Link).
The Swiss Federal Council therefore sees a need for action: First, a new liability regime is to be introduced. This will allow the Swiss Confederation to pass on its liability under international public law to the respective actors. Second, a national register for space objects is to be introduced; this obligation also arises from Switzerland's long-standing obligations under international law (SR 0.790.2, Art. II). The introduction of a supervision and authorization requirement is intended to create a clear legal framework and thus promote Switzerland's attractiveness for civil space travel (Explanatory Report on the opening of the consultation procedure for the SpA of January 29, 2025, p. 9).
2. For which activities will the Space Act apply?
A central element of any law is the question on which activities a law effectively applies to. In the preliminary draft of the Space Act, the Federal Council uses four central definitions, which are primarily intended to describe the scope of application of the future SpA: The "space object", the "space activities", the "space travel activities" and the "operator":
- According to Art. 3 lit. b PD-SpA, a space object is (i) an object that has been or is to be launched into outer space and enters or is to enter into an Earth orbit, into an orbit around other celestial bodies or into a trajectory for reaching destinations in more distant outer space or that is located on a celestial body and (ii) a launch vehicle with which a satellite or another object is transported from the Earth or from airspace into outer space. The so-called flag principle is to apply to these space objects. This means that Swiss law applies to space objects that are entered in the space register in accordance with the PD-SpA (Art. 6 PD-SpA).
- Space travel activities ("Raumfahrtaktivitäten") relate to the launch, positioning, operation, steering and control of space objects, in particular satellites (cf. Art. 3 lit. a PD-SpA).
- Space activities ("Weltraumaktivitäten") are to comprise the purposeful use or application of space objects (e.g. information/data transmission, research, Earth observation, meteorology; cf. Art. 3 lit. c PD-SpA).
- Operators ("Betreiberinnen") are companies that carry out space travel activities on the basis of an authorization by launching and controlling a launch vehicle or a space object under its own responsibility or instruct a third party to carry out the activity (cf. Art. 3 lit. e PD-SpA).
In principle, only space travel activities are to be subject to an authorization requirement (cf. Art. 8 PD-SpA); however, the authorization for space travel activities is to be granted for specific space activities. This means that space activities would also de facto be subject to an authorization requirement (cf. below).
3. Space activities vs. space travel activity: Clarification necessary
The distinction between space travel activity and space activities in the PD-SpA is unfortunate: In order for research to be carried out or telecommunication services to be provided with the help of a space object, these space objects must be operated, steered and controlled. Therefore, there is a risk that actual space activities will also fall under the definition of a space travel activity, which obviously is not the intention of the legislator.
A clarification of the definition introduced by the Federal Council could be made relatively easily. Mühlemann/Drittenbass suggest the following alternative proposal for the definition of space activities: "Activity on a space object in outer space that is supported or enabled by a space travel activity within the meaning of Art. 3 lit. a.".
Furthermore, the definition of an "operator" should be sharpened to the effect that an operator is anyone who determines the space travel activities of a space object independently and on their own responsibility - regardless of whether an authorization was granted or not.
The amended definitions would make it clear that the responsibility for the control and steering of a space object remains exclusively with the operator of a space object – but also that only this operator is subject to the authorization requirement within the meaning of Art. 8 ff. PD-SpA. A space activity is therefore the use of a space object in outer space, provided that the definition of space travel activity is not met. All activities in outer space that do not constitute space travel activities are therefore space activities and do not require an authorization under the future Space Act.
4. What happens next?
The public consultation period ended on May 6, 2025. The responses are now being analyzed by the Federal Administration and the draft will then be handed off to the Federal Parliament. Because a draft of the EU Space Act is now also available (Link), it can be assumed that the Federal Council will also make an adjustment to the regulatory structure. The Federal Council assumes that the Space Act will "not enter into force before 2028" (Link).
Author: Elias Mühlemann
