What does the new legislation address?

In line with the Federal Council’s intent, the future Space Operations Act will implement the United Nations space treaties ratified by Switzerland and for regulate the authorisation and supervision of space operations. This will ensure legal certainty for all actors involved and strengthen Switzerland’s attractiveness as a location within the forward-looking and strategically important space sector. In addition, the Act will clarify questions of liability and enable the establishment and maintenance of a national register of space objects.

ESA satellites are keeping a watchful eye on our planet — © ESA

Space activities conducted from Switzerland must furthermore be carried out in a sustainable manner, and environmental impacts, both on Earth and in outer space, are to be limited. In doing so, the Act seeks to safeguard long-term access to outer space and its peaceful use for future generations.

The drafting of the act and corresponding ordinance was based on the guidelines set out in particular in the 2023 Space Policy. The new federal act will mainly regulate Swiss satellite operators. The aim is to create internationally competitive framework conditions, enabling them to develop as effectively as possible. Suppliers and manufacturers of satellites or satellite components will not be subject to the new law.

Frequently asked questions on the Federal Act on Space Operations (FAQ)

• Why does Switzerland need a Space Operations Act?

  • The Space Operations Act enhances legal certainty for public and private actors that carry out space activities from Switzerland, in particular satellite operators. In future, companies will be able to apply for an authorisation for such activities, which they require in their business relations with foreign authorities and partners.
  • Clear legal framework conditions and planning reliability are essential for the economy and strengthen Switzerland’s attractiveness as a location in the growing space sector. The Swiss Confederation will be able to supervise space operations in order to ensure that satellites operated “under the Swiss flag” are both safe and sustainable. The Act thereby helps to preserve outer space for future generations.
  • The Act transposes the UN space treaties ratified by Switzerland into national law. It clarifies responsibilities and enables effective risk management.

• Who will require an authorisation in future?

  • An authorisation will be required for the conduct of any space operation, in particular for a satellite that is operated and controlled from Switzerland (Swiss territory). This requirement applies to both natural and legal persons.
  • The manufacture of satellite components or subsystems (for example solar panels, payload fairings, cameras) does not fall within the scope of the Space Operations Act. The use of space objects for specific purposes is likewise not covered. What kind of research is conducted on a satellite, which images are taken, what is communicated – such uses are governed by other acts, such as the Federal Act on the Promotion of Research and Innovation, the Human Research Act, the Telecommunications Act or the Military Act. However, the Space Operations Act will make it clear that Swiss law applies on a Swiss satellite.

• Where will the new Act apply?

  • The draft Act covers space operations carried out on Swiss territory, in particular the operation and control of space objects from Switzerland.
  • The Act will also apply to ships, floating platforms and aircraft that are registered in Switzerland.

• Will there be measures on sustainability and space debris?

  • Sustainability of space activities is an important priority for the Federal Council under the “2023 Space Policy”. The Space Operations Act helps ensure that space activities are sustainable in the long term and that environmental impacts on Earth and in outer space are limited.
  • The Act will promote responsible conduct in outer space, for example by requiring that satellites, at the end of their operational life, be safely disposed of through de‑orbiting or controlled atmospheric re‑entry. Long-term access to outer space and its peaceful use are to be safeguarded for future generations. The Federal Council will lay down the relevant international standards and technical details at ordinance level.

• Where will it be possible to obtain an authorisation?

  • Authorisations can only be granted once the Space Operations Act and the corresponding ordinance have entered into force. The authority responsible for granting authorisations and for ongoing supervision is yet to be designated.
  • The Federal Council will determine in an ordinance which administrative unit will take on the tasks related to authorization and surveillance. The aim is to establish a procedure that is as straightforward and efficient as possible, while also taking the needs of the business community and the research sector into account.

• Why is a national register of space objects necessary?

  • The UN Registration Convention (SR 0.790.3) provides that states establish a national register.
  • Satellites and other space objects for which Switzerland has granted an authorisation will be entered in this register.
  • The register increases transparency, facilitates international cooperation and forms the basis for registration with the United Nations.

• How will financial risks and liability be regulated?

  • The draft Act provides that space operations must meet certain safety requirements. In cases involving greater risks, operators will be required to optain insurance to cover potential liability risks.
  • Under the UN Liability Convention, the “launching State” is, in principle, liable for damage caused in outer space or on Earth. The Space Activities Act will stipulate that, in the event of damage, the operator is liable under private law to the injured party, thereby ensuring an appropriate allocation of liability risk.

• When will the Space Operations Act enter into force?

  • The proposal is currently under consideration in Parliament.
  • The Space Operations Act and the corresponding ordinance of the Federal Council are not expected to enter into force before 2028. The exact date will depend on the outcome of the legislative procedure in Parliament and on further developments.