Launch vehicles: Can the EU Space Act regulate the way into space?
They enable access to space, but also cause debris and waste there – what will the draft EU Space Act cover in relation to launch vehicles.
From Sputnik and Falcon to Saturn V: Launch vehicles are of immense importance for space travel and have recently been the subject of major media coverage, for example when the American "Starship" rocket completed a successful test flight or when a European satellite for improved weather forecasting lifted off with the Ariane 6 rocket. A German rocket also achieved a milestone: The two-stage Spectrum launched a test flight, making it the first European rocket launch outside Russia. Further launches will follow as part of the European Launcher Challenge, an initiative of the European Space Agency (ESA) focused on expanding European launch service supply, among other things.
Launch vehicles are indispensable for the success of many space missions: They have a multi-stage structure and are used to transport people or cargo into the Earth's orbit. A distinct downside, however, is that they generate space junk and debris in Earth's orbit, which can make access to space more difficult. Moreover, many models can only be used once and must then be disposed of. To counteract these factors, the European Commission wants to use the provisions of the EU Space Act to reduce the amount of debris in orbit and thus also reduce the risk of collisions in space. This should ensure greater safety in space.
Launch vehicles and spacecraft in the European Commission's draft EU Space Act
The proposal of the European Commission for the EU Space Act has been available since 25 June 2025. The draft is now being negotiated in the European Parliament and the Council.
The provisions governing launch vehicles and spacecraft can be found in the technical requirements under Title IV, Chapter I, Sections 1 and 2 in Articles 58 ff. of the draft EU Space Act and contain, in particular, requirements regarding sustainability and safety in space. Section 1 concerns the launch vehicles and section 2 concerns spacecraft. The aim of the provisions is, in particular, to prevent debris, to which end the obligations are to apply from the design phase to the end of life (recital no. 58).
This article provides you with an overview of the provisions regarding launch vehicles in accordance with Section 1. One of the following posts will deal with the provisions for spacecraft under Section 2.
Launch vehicles within the meaning of the EU Space Act – where law meets space travel
The European Commission has recognised that the launch vehicle market is evolving. Recital no. 54 of the draft EU Space Act discusses, for example, the evolution from micro to heavy launchers, accompanied by new capabilities such as the possibility of reusing the first stage and boosters of a launch vehicle. Furthermore, investments in Member States are creating more and more launch capacity. The heightened presence of commercial providers of launch vehicles is also increasing the number of launches. The EU Space Act is intended to harmonise the hitherto fragmented legislation in the EU, including on launch vehicles, in order to strengthen safety, resilience and sustainability in space – the three pillars of the EU Space Act.
The draft EU Space Act also contains specific provisions for launch vehicles. According to the legal definition in Article 5 (29) of the draft EU Space Act, a launch vehicle is a system, part of the space segment, that is designed to transport one or more space objects into outer space. The launch vehicle orbital stage is defined in Article 5 (30) of the draft EU Space Act as a complete element of a launch vehicle that is designed to propel a defined thrust during a dedicated phase of the launch vehicle's operation and achieve orbit.
The launch vehicle orbital stage is also classified as a space object as per Article 5 (1) of the draft EU Space Act ("human-made object sent to outer space, including a spacecraft and the launch vehicle orbital stage") and the launch vehicle upper stages are also considered spacecraft as per Article 5 (2) of the draft EU Space Act. According to this provision, spacecraft are space objects designed to perform a specific function or space mission, such as providing services of communications, navigation or observation, or providing in-space operations and services, including a satellite, the launcher upper stages, or the re-entry vehicle.
EU Space Act: The provisions for launch vehicles
Most space junk comes from launch vehicle fragments. Launch activities also come with certain risks. It is precisely these aspects – risk assessment and the prevention of space debris – that the EU seeks to address in its draft (recital nos. 56 to 58). The provisions of the draft EU Space Act are intended to make it obligatory for launch operators to coordinate with authorities and traffic service providers in order to minimise the risk of collisions during launch and re-entry. The draft also provides for obligations to install flight safety systems and to implement measures to control space waste. The provisions are set out in detail in the annexes to the draft EU Space Act.
Safety and coordination measures during launch and re-entry
Launch operators have special obligations with regard to safety and coordination measures during launch and re-entry, for example. Article 59 (1) and (2) of the draft EU Space Act, for example, stipulates that launch operators must take appropriate measures to mitigate the risk of collision between the launch vehicle and aircraft, maritime vessels, spacecraft and debris, including carrying out a Launch Collision Avoidance (LCOLA) risk assessment (Article 59 (2) (b) of the draft EU Space Act). Details are set out in Annex I no. 1.2 of the draft EU Space Act, such as the fact that the LCOLA risk assessment must be carried out with the support of the relevant entity before launch. To this end, the Commission will, by means of implementing acts pursuant to Article 59 (3) (a) and Annex I no. 1.2.3 of the draft EU Space Act, present methods for calculation based on collision probability, taking into account the size of the object concerned, whether the spacecraft is active and whether it is habitable.
Launch operators will also be required to coordinate with the competent authorities, the collision avoidance space service providers and the air traffic service providers that could be impacted. This provision can be found in Article 59 (2) (a) of the draft EU Space Act and is supplemented by Annex I no. 1.1 of the draft EU Space Act. The European Commission is also planning to adopt implementing acts to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise any disruption.
In addition, according to Article 59 (3) (b) of the draft EU Space Act, the European Commission intends to select and develop a new method for calculating the collective risk of accidents during launch and re-entry. This is to be achieved by taking various elements into account, including all phenomena leading to a risk of catastrophic damage (namely, for example, the ascent phase, fallout from the stage after separation, re-entry into the atmosphere of a deck put into orbit, recovery phase of a reusable deck). Furthermore, the dispersion on the ground of debris, its effects and the reliability of a launch vehicle during the launch or recovery phase are recorded.
According to Article 58 of the draft EU Space Act, launch operators in the EU must also submit a safety plan to the competent authority. This must comply with the requirements of Annex I no. 3 of the draft EU Space Act. Among other things, the safety plan must include the results of a calculation of the collective risk of accidents during launch and re-entry, as well as a risk assessment of the flight safety system failure scenario. Moreover, the result of the LCOLA risk assessment and various verifications of official confirmations are required.
Flight safety systems for launch vehicles according to the draft EU Space Act
The European Commission's draft EU Space Act also provides for flight safety systems for launch vehicles. In order to increase safety in space, launch vehicles must be equipped with tracking devices or offer the possibility of tracking to enable real-time monitoring of their position and velocity (Article 60 (1) of the draft EU Space Act). The draft also stipulates that launch vehicles must have at least one telemetry data transmitting system for monitoring their performance data. However, the draft contains an exception in the event that the pre-flight analysis establishes that the flight of the launch vehicle will not result in an unknown and hazardous impact area of dispersion (Article 60 (2) of the draft EU Space Act).
The obligation of launch vehicle operators to conduct a risk assessment in the EU under Article 60 (3) of the draft EU Space Act is set out in more detail in Annex I no. 2.1 of the draft EU Space Act. According to this, operators should establish specific rules for controlled or uncontrolled re-entry and identify potential failure scenarios that could make the launch vehicle a hazard. These may include deviations from the flight corridor, dangerous fallback phases, non-nominal flight control behaviour and failure to achieve orbit. Dangerous failure scenarios for controlled re-entry could include, for example, failure to control the level or direction of thrust. According to the draft, it must also be possible to neutralise the launch vehicle. To this end, the EU Space Act will make it obligatory for launch operators to add an on-board system for the neutralisation of the launch vehicle. This obligation under Article 60 (4) of the draft EU Space Act is also set out in detail in an annex. Annex I no. 2.2 of the draft EU Space Act stipulates that specific rules and criteria for controlled re-entry must be in place and that it must be possible to activate the neutralisation system remotely or automatically through an on-board algorithm. If automated systems are used for this purpose, the operators will have to submit the detailed data and validation test results to the competent authority.
Measures to reduce and control space waste and debris
The European Commission's goal is to prevent space waste with the help of the EU Space Act. Due to their potential to cause debris and waste, the EU Commission is placing particular focus on launch vehicles. Space debris is defined in the draft as any space object, including spacecraft or fragments and elements thereof, in Earth's orbit and the lunar orbit, or re-entering Earth's atmosphere or the lunar exosphere, that are non-functional or no longer serve any specific purpose, including parts of rockets or artificial satellites, or inactive artificial satellites (Article 5 (45) of the draft EU Space Act). The definition corresponds almost exactly to the one in Regulation EU 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme.
Article 61 (1) of the draft EU Space Act provides for various measures for launch vehicle operators to limit waste and debris. Firstly, implementation measures will be taken to limit any planned release of debris into Earth during nominal operations. This means, among other things, that launch vehicles should be designed in such a way that the total number of their orbital stages does not exceed a certain number depending on the number of spacecraft present at launch. In addition, the risk of detached debris is to be limited, with exemptions or more specific measures being provided for pyrotechnic systems and for solid and hybrid propellants (Article 61 (1) (a) in conjunction with Annex II no. 1.1 of the draft EU Space Act). Furthermore, implementation measures are to be taken to protect against unintentional fragmentation in orbit due to collision or internal causes (Article 61 (1) (b) in conjunction with Annex II nos. 1.2 and 1.3 of the draft EU Space Act). End-of-life disposal must also be ensured. Measures envisaged here include controlled re-entry into the atmosphere in near-Earth orbits and a design for demise, or, under certain circumstances, transfer to decay orbits (Article 61 (1) (a) in conjunction with Annex II no. 2 of the draft EU Space Act).
Disposal means a set of actions performed by a spacecraft or a launch vehicle orbital stage, with or without support of a servicer spacecraft, with a view to permanently reduce the risk of accidental fragmentation and to achieve long-term clearance of orbits (Article 5 (40) of the draft EU Space Act). The end of life is reached when a launch vehicle's orbital stage is permanently turned off, i.e. when it completes its disposal phase, re-enters the Earth's atmosphere or can no longer be controlled by a space operator. The disposal phase refers to the period between the end of the space mission of a launch vehicle's orbital stage and the end of its life (Article 5 (41 f.) of the draft EU Space Act). In addition to these specific measures, launch vehicle operators in the EU are also required to submit plans to mitigate space debris, including a debris mitigation plan and an end-of-life disposal plan (Article 61 (2) in conjunction with Annex II no. 3.2 of the draft EU Space Act). According to Article 61 (3) of the draft EU Space Act, these obligations are also set to be followed by implementing acts of the Commission.
The obligations for launch operators under the draft EU Space Act – rocket launch or boost for bureaucracy?
With the EU Space Act, the European Commission is clearly focusing on increasing safety and sustainably reducing space waste through technical and organisational requirements. In particular, the mandatory risk assessment, the mandatory introduction of neutralisation systems and comprehensive waste prevention plans could lead to a surge in innovation, but also to rising costs for operators. As regards the economic impact in the run-up to the proposed EU Space Act, the European Commission expects costs to rise for launch service providers, with large providers of heavy launch vehicles such as the Ariane 64 class facing costs of up to EUR 1.5 million. SMEs, on the other hand, should expect costs of up to EUR 200,000. The complexity of the Space Act's provisions, its annexes and their implementation requires a high degree of technical and administrative diligence on the part of companies. At the same time, the measures envisaged underscore the EU's ambition to take a leading role in responsible space travel. The draft EU Space Act thus provides important impetus for the future of the European space industry.
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