Space Law 2024 Comparisons

Norway adopted a space law as early as in 1969. The Norwegian Space Act applies to the launching of objects into space. The Act also fulfil Norway’s obligations as a party to the so-called UN Outer Space Treaty (Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies), which was ratified by Norway on 6 June 1969. The Norwegian Space Act is an authorisation act that gives the authorities the right to manage space activities through decisions.

On 15 January 2019, the Norwegian Ministry of Industry and Fisheries appointed a Space Act Committee, which was supposed to propose a modern and forward-looking regulation of space activities. The Ministry cited several factors necessitating this new legislation, including ensuring Norway’s compliance with international legal obligations, anticipating a significant increase in the scale and scope of Norwegian space activities, and fostering an environment conducive to economic growth and business development within the space sector.

On 6 February 2020, the Space Act Committee submitted their report, including the proposed new Space Act, intended to replace the existing Space Act. The proposal has several features in common with other Norwegian laws that require permission to carry out risky activities and is supposed to ensure responsible management of the risks associated with space activities. The proposed act attempts to balance the consideration of the public’s need for governance and the private sector’s need for predictability and clearly defined rules for government intervention. The report has been subject to public consultation, and the Ministry of Industry and Fisheries is now working on a final draft of the new Space Act. The responsible Ministry has stated that the bill will be presented to the Norwegian Parliament during the autumn of 2024, and hopefully processed by the Parliament during the spring of 2025. 

There is considerable regulation of space activities, mainly by UN bodies. Norway has acceded to four of the UN’s five space treaties. The legal landscape is also affected by intergovernmental and non-binding guidelines.

The UN Outer Space Treaty is the most important treaty on activities in outer space and is ratified by all countries with significant activity in space. The treaty contains basic principles for activities in outer space, including rules on jurisdiction. The purpose of the treaty is that the exploitation and use of outer space must “be carried out for the benefit and interest of all countries, irrespective of their economic or scientific development” (cf. Article 1(1)). An essential obligation under the treaty is the obligation to require approval and to carry out continuous supervision of non-governmental space activities.

Norway is also party to the Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (the “Rescue Agreement”). The Rescue Agreement obliges the parties to assist in rescue operations under certain conditions. Furthermore, the agreement regulates obligations to return astronauts and space object if these land on the territory of another country. The Agreement has no significance for Norwegian national laws.

The Convention on international liability for damage caused by space objects (the “Liability Convention”), ratified by Norway in 1995, gives rules on liability to ensure coverage for damages that occur because of space activities. The parties to the treaty are liable for compensation to other countries for their own actions and actions carried out by private actors. Although the treaty does not oblige the treaty parties to implement specific forms of compensation rules in their national laws, the Space Act Committee intends to incorporate such rules into the Norwegian Space Act.

The Convention on registration of objects launched into outer space (the “Registration Convention”) was ratified by Norway on 28 June 1995. The convention provides more detailed rules on the registration of space objects.

The Norwegian ratification of the Rescue Agreement, Liability Convention and Registration Convention did not entail revisions to the Norwegian Space Act of 1969.

Norway is not party to the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the “Moon Treaty”). The Space Act Committee nevertheless considers that the Moon Treaty would not have impacted the proposed new Space Act.

Norway has also entered into several other multilateral and bilateral agreements. Of importance is Norway’s co-operation with the European Space Agency (ESA).

Finally, Norwegian space law is affected by non-binding instruments, such as resolutions from the UN General Assembly, decisions from COPUOUS (the Committee on the Peaceful Uses of Outer Space, set up by the General Assembly in 1959) and recommendations from the International Law Association. Although compliance with these instruments is voluntary, it is expected that Norwegian authorities will strive to adhere to them. The Space Act Committee assumes that compliance with non-binding guidelines and recommendations is in the interests of the Norwegian authorities.

Norway is also a party to the EEA Agreement, which makes Norway part of the EU’s internal market. Although the EU does not have the competence to harmonise national space law, EU law will, depending on the circumstances, have an impact on national space law, considering that the four freedoms place restrictions on authorities’ ability to interfere with economic activity.

The Norwegian space industry has undergone significant changes since the adoption of the Norwegian Space Act in 1969. When the Act was passed, it was essentially a state-run business. The Norwegian Space Act was, despite its general wording, intended to regulate, in particular, the launching of probe rockets from Andoeya in Nordland County, Norway. The activities at Andoeya kicked off the Norwegian space activities in 1962, under the control of the Norwegian Defense Research Establishment (FFI). These activities led to Norway adopting one of the world’s first Space Acts.

FFI and several universities participated in research with probe rockets and balloons, and Norwegian research environments were, on the basis of their experience with probe rockets, involved in Europe’s first research satellites. However, Norwegian participation ended because Norway was not yet a member of the ESA. This, and the increased need for access to earth observation information, was among the reasons Norway became a member of the ESA in 1987. The Norwegian Space Agency was established at the same time. The Norwegian Space Agency is actively participating in ESA initiatives, EU programmes, and has overseen our membership of the ESA since we became members. 

Norwegian participation in the ESA, EUMETSAT3 (European operational satellite agency for monitoring weather, climate and the environment) and in the EU’s space programmes continues to be central to national industrial space investment. The Norwegian authorities have strengthened the public investment over time, not only through participation in these programmes, but also through national programmes. Most important are the investments in Space Norway AS to create a communication system in the Arctic.

Today there are several Norwegian private companies providing services to the space industry, such as technology providers and service providers. Telenor ASA, a Norwegian-listed telecommunications company in which the Norwegian state has a 54% stake through the Ministry of Industry and Fisheries, acquired its first satellite in 1992. Telenor is now a significant international service provider.

The developments in Norwegian space activity continue at an increasing pace. The private actors in the space industry have a turnover of almost NOK8 billion a year, and there is a great variation in the services and products provided. Within this industry there are several different types of companies, which deliver very different services and products. The industry organisation NIFRO (The Norwegian Industrial Forum for Space Activities) has members within very diverse industries, including telecommunications, satellite components and sub-systems, propulsion and the development of probe rockets, satellite development, launch facilities for probe rocket and balloon operations, ground stations and systems for satellite communication and operation, space science, space education and other services to the space sector.

The Norwegian space industry is partially funded and operated by the state, with space-related expenditures constituting a distinct line item in the national budget. The majority of the funds are allocated towards financing Norway’s participation in international space programmes, as well as the operation of the Norwegian Space Center and certain national investments. In addition, the state controls three executive bodies within space activities, namely the Norwegian Space Agency, Space Norway and has 90% ownership in Andøya Space Center AS. The Norwegian Space Agency manages the state’s investment funds and advises the state, Space Norway develops space infrastructure to meet society’s needs, while Andøya Space Center serves customers who wish to launch probe rockets. Notably, as of 15 May 2024, Andøya Space Center is preparing for the first-ever launch of vehicles capable of placing satellites in orbit from Norwegian soil.

Norwegian law is based on a civil law tradition. Thus, the majority of the relevant rules are adopted by the Norwegian Parliament (Stortinget). However, the authority to adopt rules can be delegated to administrative bodies, which is the case for both the existing and proposed Space Act. Furthermore, Norway’s membership of the EEA and obligations under international law will, depending on the circumstances, involve obligations to implement international rules in Norwegian law. For more detailed information, see 1.1 The New Space and Space Tech Economy.

The Ministry of Industry and Fisheries is currently drafting a new Space Act to be presented to the Norwegian Parliament during the autumn of 2024.

To date, there is no relevant case law related to space law in Norway.

The Norwegian space industry started as a state-run business and, for a number of years, was characterised by government initiatives and governance. Today, however, private actors in the space industry have a turnover of almost NOK8 billion a year, providing a large range of services and products. A significant portion of space activity is still state funded, and the majority of the funding goes towards financing Norway’s participation in international space programmes.

In addition, the state controls three executive bodies within space activities, namely the Norwegian Space Agency, Space Norway and has 90% ownership in Andøya Space Center AS. The Norwegian Space Agency manages the state’s investment funds and advises the state, Space Norway develops space infrastructure to meet society’s needs, while Andøya Space Center serves customers who wish to launch probe rockets.

Even though the Norwegian authorities have adopted little legislation in the area of the space industry so far, new legislative work is now underway (see 1.1 The New Space and Space Tech Economy).

The Norwegian Ministry of Industry and Fisheries has sectoral responsibility for the space industry. The Ministry has sectoral responsibility for space operations and has agency responsibility for the Norwegian Space Center and Norwegian nuclear decommissioning. The Ministry is also responsible for corporate governance of the state’s ownership in Andøya Space AS and Space Norway AS, as well as for space co-operation in the European Space Agency, the EU and the UN.

Thus, the Norwegian state acts as both regulator, participant and facilitator.

The Norwegian Space Act is an authorisation act that gives the authorities (the Ministry of Industry and Fisheries) the right to manage space activities through decisions. The Act states that it is illegal to launch objects into space from Norwegian territory, from Norwegian vessels or by Norwegian citizens or people resident in Norway on territory not subject to any state power, unless permission has been granted by the Ministry.  The law does not say anything about when, and possibly under what conditions, such permits shall be granted.

The Norwegian Communications Authority (Nasjonal kommunikasjonsmyndighet, NKOM) is responsible for the management of radio frequencies in Norway. The management consists of planning, allocation, guidance and supervision. NKOM collaborates with the International Telecommunication Union  (ITU), a special body for information and communication technology under the UN, and participates in the ITU Radiocommunication Sector (ITU-R). ITU-R is responsible for global regulation of the frequency spectrum and satellite orbits. The basis for ITU-R is the Radio Regulations, an international agreement on how frequency use should be organised at national borders to avoid interference. In Europe, European countries co-operate through CEPT (European Conference of Postal and Telecommunications Administrations).

NKOM does not have its own dispute resolution service but will in practice resolve conflicts through its administrative function.

Norway acts both as a facilitator through its control function (granting permits), and as a provider through Andøya Space Center.

Norway is a party to the UN Outer Space Treaty, the Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space (the “Rescue Agreement”), the Convention on international liability for damage caused by space objects (the “Liability Convention”) and the Convention on registration of objects launched into outer space (the “Registration Convention”). Norway is not party to the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the “Moon Treaty”).

Norway has been a member of the Committee on the Peaceful Uses of Outer Space since 2017.

The Space Act Committee assumes that Norwegian authorities will strive to comply with non-binding legal instruments, although compliance is voluntary. Non-binding instruments have had a significant influence on the proposed new Space Act.

The current Norwegian Space Act has no rules on liability and insurance. In contrast, Section 6-7 of the Electronic Communications Act contains a basis for recourse from the state. In the absence of special rules, the general tort law rules in Norway will apply. This includes Section 2-1 of the Norwegian Compensation Act, which states that employers are liable for intentional and negligent damage to their employees. Furthermore, there is a non-statutory objective (strict) liability for “dangerous business”.

Norway is, however, a party to the Convention on international liability for damage caused by space objects (Liability Convention). The convention gives rules on liability to ensure coverage for damages that occur due to space activities. The parties to the treaty are liable for compensation to other countries for their own actions and actions carried out by private actors. Although the treaty does not oblige the treaty parties to implement specific forms of compensation rules in their national laws, the Space Act Committee intends to incorporate such rules into the Norwegian Space Act.

The Space Act Committee has proposed that the new Space Act state that there is an objective (strict) responsibility for the operator according to the model of the Liability Convention. Furthermore, the Committee suggests recourse liability for the operator if the state has to pay under the Liability Convention, but that both liability for damages and liability for recourse are limited. In addition, the Committee suggests a duty for the operator to take out insurance or provide other security for liability.

The exact content of the rules will have to be determined by the Parliament when considering the bill, which, as of May 2024, is being prepared by the Ministry of Industry and Fisheries.

There are no specific rules, including limitations, on certain space activities.

Norway’s obligations under international law require only limited implementation of specific rules, and the Norwegian Space Act is very short and concise. The Act consists of only three sections and is an authorisation act that gives the authorities (the Ministry of Industry and Fisheries) the right to manage space activities through decisions.

Section one states that it is illegal to launch objects into space from Norwegian territory, from Norwegian vessels or by Norwegian citizens or people resident in Norway on territory not subject to any state power, unless permission has been granted by the Ministry. The law does not say anything about when, and possibly under what conditions, such permits shall be granted.

Furthermore, the Space Act gives the Ministry the authorisation to give more detailed regulations, which they have done.

Regulations on earth stations for satellites in Svalbard and Regulations on earth stations for satellites in Antarctica state that establishment, operation and use of an earth station that sends data to or receives data from a satellite requires permission from NKOM. Further, the regulation states that it is not permitted to use an earth station to send data to or read data from a satellite that performs functions specifically for military purposes, with the exception of assistance to a satellite in an emergency. The holder of a permit to establish, operate and use an earth station with a movable antenna must continuously log all satellite passes where an earth station sends data to or reads data from a satellite and store all relevant data about the antenna control orders at the same level as the logging.

Further, it can be assumed that Norwegian space activity will be regulated by the Norwegian Digital Security Act, which implements the NIS1 directive. The Act is, amongst other things, supposed to counteract unwanted incidents in network and information systems that are used to deliver socially important services and digital services. It was announced in December 2023, and will enter into force in 2024. NIS2, an updated version of the NIS1 directive, was adopted on 14 December 2022, and must be implemented by EU member states by 24 October 2024. The NIS2 directive categories space activities as “high risk”.

In addition, the Norwegian Space Center and Space Norway are subject to the National Security Act, which is designed to prevent, uncover and counter activities that threaten national security interests.

The Norwegian Space Act has no rules to ensure non-interference with the activities of other space-faring entities.  While international law provides limited guidance for the legal requirements governing space activities, the Ministry or NKOM can impose conditions on permissions granted, thus controlling activities with a potential for harm. This principle is retained in the proposed new legislation.

The Space Act Committee has also proposed new rules on responsible conduct of space activities. The rule is supposed to apply as an overarching norm for operator behaviour,  with the draft’s specific obligations serving as case-based examples of responsible behaviour. These specific obligations clarify the overarching norm, while the norm itself implies that all parties involved in space activities are subject to legal requirements.

None of the proposed rules specifically apply to non-interference, but the principle of responsible conduct will apply as a norm, nonetheless.

We refer to the description of the principle of responsible conduct in 3.2 Principles of Non-interference and Prevention of Harmful Interference. This principle is exemplified by the proposed rules on space debris and the safeguarding of the environment.

The committee suggests that space activities should not generate more space debris than is strictly necessary. This obligation is not an absolute prohibition of space debris but sets a high threshold, emphasising that minimising space debris is critical for the sustainable use of outer space. Operators are thus required to make significant efforts to avoid leaving space debris. The committee also refers to non-binding guidelines that must be taken into account by the operator carrying out the space activity, including the Inter-Agency Space Debris Coordination Committee (IADC), UNCOPUOS Space Debris Mitigation Guidelines and Guidelines for the Long-Term Sustainability of Outer Space Activities.

Furthermore, the committee’s proposal stipulates that space activity must not lead to unnecessary or unreasonable damage to the environment. This proposed duty entails that space activity must be conducted in such a way that the activity does not at any time lead to significant negative effects on the environment. The provision sets a legal standard and is a general material provision which, together with the proposed regulatory authority, allows for the creation of further provisions to ensure that space activities are carried out without unreasonable environmental damage.

There are no specific intellectual property rules applying to space activities and assets.

Norway has no rules on the utilisation of space resources. However, Norway acknowledges the principle that space resources belong to the international community, and that there is a common right to exploit these resources based on a principle of equal treatment. The Space Act Committee has further proposed a purpose provision which stipulates that space activity must be conducted in a way that does not impair the possibility of future utilisation of outer space.

According to the Norwegian Space Act, the Norwegian Ministry of Industry and Fisheries has the authority to grant permits to launch objects into space.

NKOM grants permits to establish, operate and use earth stations that send data to or receive data from a satellite on Svalbard or Antarctica.

See 3.3 Operators’ Responsibilities. There are no specific rules on protected zones or critical space minerals. However, such considerations will be taken into account when granting permits to conduct space activities.

See 3.3 Operators’ Responsibilities and 5.1 Environmental Protection in Space.

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Andøya Space Center opened its so-called Spaceport in late 2023. The Spaceport is the first of its kind in Europe and will become a commercial operator for launching small satellites. The hope is that Norway will thus become a commercial destination for the new, quickly growing space industry.

In 2022, Andøy Municipality published a preliminary study titled “Newspace North 2022”. The purpose of the study was to describe possible building blocks and  positioning for a Norwegian/Nordic Innovation Center at Andøya, in conjunction withAndøya Spaceport. The study analysed the possibilities and associated risks for the establishment of such a centre on Andøya, focusing on the market, competitors, location and possible partners and customers. The study also provided a recommendation for the way forward, proposing a comprehensive project plan for a preliminary project with defined main deliverables.

It concluded with a recommendation to initiate the development of a mandate for a preliminary project, with Andøy Municipality as the owner.

The state budget has its own line item for space activities. In 2020, the line item consisted of NOK1.68 billion. Most of these funds are allocated to finance Norway’s participation in international space programmes, like the European Space Agency (ESA) and EU space programmes. The funds also finance the operation of the Norwegian Space Center and some national investments in infrastructure and technology. Norway has committed to further participation in ESA’s voluntary and mandatory programmes, pledging EUR248 million over a three- to five-year period commencing in 2020.

Private actors in the space industry can apply for support through Innovation Norway, which allocates money to projects in the business world through loans, grants, consultancy, and so on. The Norwegian Space Center also distributes funds through a separate grant scheme. The ESA and the EU also have several instruments for development support.

Recent years have witnessed an increase in private initiatives and financing within the Norwegian space industry, mirroring a global trend towards supplementing public funding with private risk capital, ranging from wealthy individuals to conventional financial investors such as banks and investment funds. This influx of private investment is driven by both technological advancements and evolving policies of leading nations.

Among the most important technological changes is the emergence of small satellite technology, which lowers the threshold for entering the space market by offering smaller, lighter and cheaper satellites based on commercial components from consumer technology. Such satellites can be replaced relatively quickly at a relatively low price. This reduces the barriers for new players in the market. At the same time, there has been growth in the market for data. This enables the commercial harvesting and sale of data.

The Norwegian space industry has been cultivated through sustained investment from both state and private entities. While the competitiveness of Norwegian businesses ultimately rests on their ability to leverage opportunities created by the evolving space landscape, the Norwegian authorities play an important role in ensuring a favourable environment for growth. This includes providing access to qualified labour, robust infrastructure, streamlined regulations, access to international markets, and a user-friendly policy apparatus. The Norwegian authorities also seek to facilitate private investment through public investment and public-private partnerships with an emphasis on developing new suppliers in the private sector.

There are no such specific rules under Norwegian law. However, actors within the space industry can be subject to the National Security Act, which applies to state, county and municipal bodies and suppliers of goods or services in connection with security-graded acquisitions. The National Security Act includes provisions on ownership control, allowing the government to intervene and prevent acquisitions of ownership stakes in covered businesses if deemed to pose a significant risk to national security interests. Furthermore, the acquisition of a qualifying share in such businesses triggers a mandatory reporting obligation.

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