Space Law 2024 Comparisons

Italy’s approach to space law is deeply rooted in its international commitments, as the country is a member of the European Space Agency (ESA) and a signatory to key international space treaties. This integration ensures that Italy’s regulatory framework aligns with global standards. However, Italy also has specific national legislation addressing unique aspects of its space activities: Law No 186 of 30 May 1988, established the Italian Space Agency to co-ordinate national space activities. Subsequently, Legislative Decree No 128 of 2003, reorganised the Italian Space Agency, defining its purposes, activities, bodies and principles and criteria for its organisation and operation, in order to optimise its activity as an agency in the field of space and aerospace research.

Italian legislation also fully implements the main international treaties on space. In particular, Law No 87 of 1970 ratified and implemented the Outer Space Treaty. Presidential Decree No 965 of 1975 implemented the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. Law No 426 of 1976 ratified and executed the Convention on International Liability for Damage Caused by Space Objects (which was fully implemented seven years later by Law No 23 of 1983).

Law No 153 of 2005 ratified and executed the Convention on the Registration of Space Objects.

Italy has not ratified the Moon Agreement.

The biggest news at the moment is certainly the Disegno di Legge proposed by Minister Adolfo Urso and his cabinet regarding a specific Regulation on Space for Italy.

Italy is one of the few countries in the world that can boast a complete supply chain in the sector, from access to space to services for end consumers. It is the third-largest contributor to the European Space Agency, has its own Space Agency, ASI (Italian Space Agency), and several territorial clusters concentrated in specific regions where the presence of industries and institutions in the sector is strongest.

The space programmes in which Italy is investing and growing most are Earth Observation, space exploration, orbiting services and downstream services.

The Italian space industry is characterised by a number of large, internationally recognised players, but the skeleton of the industry is made up of small and medium-sized enterprises (around 80%), in particular specialised in manufacturing and spread evenly across the territory.

The Italian legal system, including its space law framework, is fundamentally a civil law system. This means that it is primarily based on written laws and statutes, as opposed to the common law system which relies heavily on judicial precedents and case law.

Main Sources of Italian Space Law

The main sources of Italian space law are the following.

• Constitution of the Italian Republic – as the supreme law of Italy, the Constitution lays down the fundamental principles, including the organisation and powers of the government, which have an indirect impact on space law.
• National legislation – specific statutes passed by the Italian parliament are the primary sources of space law, as are the Regulations issued by the National Civil Aviation Authority (ENAC) and the ASI. 
• EU law.
• International treaties and conventions – Italy is a party to several key international treaties governing space activities.

In the Italian landscape, space is considered a strategic asset. The government acts as a regulator and facilitator in Italian space activities.

Italy contributes to space activities with the Agenzia Spaziale Italiana, that is the Italian Space Agency.

Law No 7 of 2018 assigned responsibility and co-ordination of space and aerospace policies to the Prime Minister. It also established the Interministerial Committee for Space and Aerospace Research Policies (COMINT), headed by the Minister for Technological Innovation and Digital Transition. COMINT sets government guidelines on space matters, establishes priorities for European programmes, and promotes national security and economic development through space projects. It proposes two main documents: the Strategic National Space Policy Document and the Strategic Vision Document for Space. ASI, a participant in COMINT meetings, provides scientific and technical support and operates under Legislative Decree No 128 of 2003.

Authorisations for launches into orbit or space are issued by the ENAC, which regulates and controls aviation and space activities. The Suborbital and Space Access Operations (SASO) Regulations define the requirements for obtaining authorisation to conduct space operations, both suborbital and orbital. This regulation is divided into five sections. Scope, applicability, definitions and general requirements that apply to each type of operation are given in Sections I and II. Requirements for suborbital operations are given in Section III, while requirements for launch to orbit and re-entry from orbit are given in Section IV and Section V, respectively.

To obtain an operational clearance, the operator of the vehicle system must demonstrate that the risks associated with operations are managed in a safe and acceptable manner. These risks include those to the public, critical infrastructure, people involved, and vehicle occupants. The operator must also enter into agreements with various entities, such as spaceport operators and navigation service providers.

The licence, valid for up to five years, requires prior consultation with ENAC to discuss the application process and possible regulatory issues.

A prospective applicant should consult with ENAC before submitting an application to discuss the application process and possible issues relevant to ENAC’s decision on issuing a licence.

To obtain a vehicle system operator’s licence, in addition to satisfying the other requirements of these regulations, the applicant must:

• submit a preliminary application for a licence in the form and manner determined by ENAC;
• obtain approval from ENAC in accordance with SASO-450.41;
• obtain acceptance of compliance methods pursuant to SASO-450.35;
• submit a licence application in the form and manner established by ENAC;
• obtain from ENAC a favourable payload assessment in accordance SASO-450.43, if applicable;
• obtain safety approval from ENAC in accordance with SASO-450.45;
• meet the environmental assessment requirements of SASO-450.47; and
• meet the insurance requirements of SASO-450.206.

To meet the requirements of the application, the applicant may use reference materials previously provided as part of the licence application itself.

The operator of the vehicle system must comply with the applicable requirements of Sections III, IV and V of the regulations, where applicable, and any other applicable domestic regulations.

The use of radio frequencies in Italy, including those for space operations, is regulated by:

• the Electronic Communications Code (Codice delle Comunicazioni Elettroniche), implemented by Legislative Decree No 259 of 2003 and subsequent amendments;
• the National Frequency Allocation Plan (Piano Nazionale di Ripartizione delle Frequenze or PNRF), which outlines the allocation of frequency bands for various uses, including space communications; and
• as a member of the International Telecommunication Union (ITU), Italy adheres to ITU regulations which govern international frequency allocations and satellite communications.

The National Regulatory Authority for Communications (Autorità per le Garanzie nelle Comunicazioni or AGCOM): is an independent authority which works alongside the Ministry to ensure regulation and proper management of telecommunications and broadcasting, which includes oversight of spectrum use.

The Ministry conducts consultations with stakeholders, including space operators, telecommunications companies, and other spectrum users, to address frequency use and potential interference issues.

As a member of international frameworks, the following applies. 

• Italy follows ITU procedures for consultation and co-ordination in cases of potential interference. This includes submitting detailed co-ordination requests and engaging in negotiations to find mutually acceptable solutions.
• Italy participates in ITU co-ordination meetings, such as the World Radiocommunication Conference (WRC), to discuss and resolve issues related to frequency allocations and interference.
• If bilateral or multilateral negotiations fail, disputes may be escalated to the ITU’s Radiocommunication Bureau for resolution.

The Italian state’s role in the launching of space assets is multifaceted, as it acts as a provider, facilitator and user. This comprehensive involvement is primarily co-ordinated through ENAC, ASI and other relevant governmental bodies.

Italy is a party to the following main international space treaties:

• Outer Space Treaty (OST) 1967 – ratified;
• Rescue Agreement (ARRA) 1968 – ratified;
• Liability Convention (LIAB) 1972 – ratified; and
• Registration Convention (REG) 1976 – Ratified.

Italy is a member of the Committee on the Peaceful Uses of Outer Space (COPUOS). It plays an active role in contributing to international discussions on the peaceful use and exploration of outer space, as well as promoting responsible behaviour in outer space activities. Italy also participates in the Conference on Disarmament, where it engages in discussions on arms control, disarmament, and non-proliferation issues, including those related to outer space.

Italy implements international legal instruments into its domestic legal framework. The country ensures adherence to international guidelines and best practices through various measures:

• Italy has established national laws and regulations that align with international space treaties;
• Law 153/2005 assigns ASI the task of establishing and maintaining the National Registry of Objects Launched into Space; and
• any natural or legal person of Italian nationality who carries out a launch, commissions a launch, or performs a launch from a base located on Italian territory or under Italian control, must notify ASI of the details of the launch carried out in outer space. The specific information to be reported includes:
1. the name of the launching state(s);
2. the name or appropriate appellation of the space object or its registration number;
3. the date, territory or place of launch; and
4. the general function and basic orbital parameters of the space object, including nodal period, inclination, apogee and perigee;
• this information is then forwarded by ASI to the United Nations for inclusion in the Registry of Space Objects, thus contributing to transparency and international information sharing regarding the use of outer space
• the ASI and the ENAC play a pivotal role in supervising space activities to ensure compliance with domestic law and international law;
• Italy participates in international forums and working groups to stay updated and contribute to the development of global best practices for space activities; and
• licensing and regulatory frameworks are in place to ensure that private and public entities engaging in space activities adhere to established guidelines.

In Italy, rules regarding space activities and responsibilities are transposed from international regulations and designed to ensure that space operations are conducted in a safe, secure and responsible manner. The key aspects include:

• national responsibility and authorisation – according to the OST, Italy bears international responsibility for national space activities, whether conducted by governmental or non-governmental entities. All space activities require authorisation and continuous supervision by the state;
• liability and insurance – Italy adheres to the Liability Convention, ensuring adequate liability measures. Entities involved in space activities may be required to hold insurance or other financial guarantees to cover potential damages caused by space operations; and
• co-operation with private sector – private entities and individuals must work under the authorisation and supervision of the Italian government, which maintains ultimate responsibility and ensures compliance with international obligations.

Italy ratified the Liability Convention by Law No 426 of 1976; subsequently, some principles were concretely implemented by Law No 23 of 1983.

The latter, in Article 1, circumscribes its application to damage caused by space objects launched from a foreign state party to the Liability Convention. In Article 2, it stipulates that Italian natural and legal persons may obtain from the Italian state compensation for the damage indicated in Article 1 to the extent that the Italian state has requested and obtained, in accordance with Article VIII, No 1, of the Liability Convention, compensation from the launching state for the damage they have suffered.

The Italian state, if it has not made the request referred to in Article VIII of the Liability Convention, is obliged to compensate for the damage suffered. The only condition is that the state in whose territory the damage occurred or the State in whose territory the said persons have their residence have not sought and obtained compensation for such damage from the Launching State pursuant to Nos 2 and 3 of Article VIII of the Liability Convention, respectively (this is evidently to avoid duplication of compensation).

Moreover, foreign natural and legal persons may obtain from the Italian state compensation for the damages specified in Article 1 when and to the extent that the Italian state has requested and obtained compensation for the aforementioned damages from the launching state.

As for the time limit for submitting the claim for compensation to the Italian state, the law provides in Article 4 the time limit of five years from the date on which such damage occurred or from the date on which the effects of such damage were completed.

Regarding the measure of compensation, Article 5 of the law refers to the Italian Civil Code and, more specifically, Articles 2056, 1223, 1226. In addition, the same Article 5, referring to Article 2058, provides for the possibility of requesting compensazione in forma specifica, that is, the restoration of the situation that existed at the time before the occurrence of the damage (unless reinstatement in specific form proves excessively burdensome for the debtor).

Finally, ENAC’s SASO Regulations, in Section III, dictate some safety requirements and risk-control strategies regarding suborbital operations.

• The total risk to the public must not exceed an expected number of fatalities of 2 x 10^-5.
1. The probability of casualties to an individual shall not exceed 1 x 10^-6 per launch.
2. The probability of debris impact on aircraft must not exceed 1 x 10^-6.
3. Finally, the probability of loss of functionality must be less than 1 x 10^-3 for most resources, and 1 x 10^-4 for critical payloads.
• Operators must document a safety organisation with defined roles such as mission director and safety manager. They must also implement methods to manage and control hazards, monitor risks, and verify mitigation measures.
1. There is a post-flight review of data to identify and resolve any inconsistencies or anomalies.
• Operators must determine control strategies for each phase of the flight, considering all functional failures and safety-critical systems. Moreover, they must conduct a flight hazard analysis to adequately mitigate risks to the safety of the public.

Currently, there is no detailed and comprehensive legislation specifically dedicated to various sectors such as healthcare and life sciences, agri-food, mobility, environment, and energy in space. Operational limitations mainly arise from the need to comply with safety norms, environmental protection, and the peaceful use of outer space.

Italy follows the guidelines of the European Union concerning the management of data.

Space activities must be conducted following cybersecurity directives, including the Decreto Legislativo No 138, deriving from the (UE) 2022/2555, the NIS 2 Regulation.

As mentioned in 2.7 Commitment to International Treaties and Multilateral Discussions, Italy adheres to international norms and agreements which fundamentally aim at ensuring the peaceful use of outer space and preventing interference with the activities of other space-faring entities. The ASI follows these international frameworks:

• Outer Space Treaty (1967) – Italy is a signatory to this treaty which requires that activities in outer space be conducted in a manner that avoids harmful interference with the space activities of other states.
• Space Debris Mitigation Guidelines of the COPUOS.

Several measures are deployed to prevent harmful interference, as follows.

• Licensing and Authorisation – Italy requires that all space operations receive proper licensing and authorisation from the ASI. Part of the licensing process involves ensuring that the proposed activities will not interfere with existing or planned missions by other entities. Co-ordination with the International Telecommunication Union (ITU) is required to ensure that radio frequencies used by Italian space missions do not interfere with other satellite communications.
• Compliance with international guidelines – the ASI ensures that all national space activities comply with the international guidelines set forth by entities like COPUOS, the Inter-Agency Space Debris Coordination Committee (IADC), and the ITU. Italy actively participates in discussions and collaborations at these international fora to update and refine best practices for the non-interference of space activities.
• Collision avoidance – operators of Italian spacecraft must implement collision avoidance protocols, which often involve co-ordination with organisations such as the United States’ Combined Space Operations Center (CSpOC) and the ESA. These measures include timely sharing of orbital data to assess potential collisions and adopting strategies to manoeuvre spacecraft when necessary.
• Space debris management – this involves designing spacecraft to minimise debris creation, planning end-of-life disposal steps for satellites, and avoiding orbital paths congested with debris. ASI requires that space operators demonstrate their plans for space debris mitigation as part of the licensing process.
• Co-ordination and notification – the ASI works in co-ordination with international counterparts to notify and harmonise their space activities, avoiding conflicts and potential interference. This includes pre-launch consultations and harmonisation of space missions to ensure no harmful interference will occur.

Italian operators are required to follow several general obligations, primarily derived from international treaties and national regulations.

• Peaceful use of outer space – as a signatory to the Outer Space Treaty, Italy mandates that space activities must be conducted for the benefit of all humankind and should be peaceful in nature.
• Non-interference – operators must ensure their activities do not interfere with the activities of other countries.
• Avoidance of harmful contamination – operators must avoid harmful contamination of space and celestial bodies, as well as Earth, as per the guidelines set forth by COPUOS.
• Liability for damage – according to the Outer Space Treaty and the Liability Convention, Italy holds operators liable for any damage caused by their space objects to other parties.

The following applies in respect of preparation for launch and re-entry.

• Launch authorisation – operators must obtain necessary authorisation from ENAC. This is required for suborbital operations or space access operations (eg, launch to orbit) or re-entry from orbit. According to ENAC’s SASO Regulations (450.48 Environmental Requirements), the space operator must comply with the relevant environmental requirements set forth in Sections III, IV and V of the regulations, as applicable, and any other relevant regulatory laws applicable in Italy. Moreover, Section III (6) of the Regulation requires the operator to produce an environmental impact assessment, agreed with ENAC, to determine the risk to environmental elements (atmosphere, water and soil) from emissions and noise generated by the vehicle during its operation and to establish appropriate prevention and mitigation measures to reduce that risk to acceptable levels.
• Safety measures – detailed safety measures and protocols must be in place for the launch vehicle and payload.
• International notification – as required by the Registration Convention, Italy must notify the United Nations of details concerning the space object.

Any natural or legal person of Italian nationality carrying out a launch or commissioning a launch, or any person carrying out a launch from a launch base located on national territory or under Italian control, shall notify ASI of launches carried out in outer space, communicating to ASI:

• the name of the launching state or states;
• the name or appropriate appellation of the space object or its registration number;
• the date, territory, or place of launch; and
• the general function and basic orbital parameters of the space object, including nodal period, inclination, apogee, and perigee.

Currently, Italy does not have specific ESG (Environmental, Social, and Governance) guidelines tailored exclusively for space activities. However, general principles of ESG are embedded in various international frameworks and Italy’s own commitment to sustainable space practices. Operators are encouraged to follow these principles, which include:

• environmental sustainability – minimising the impact of space operations on both the outer space environment and Earth’s environment;
• social responsibility – ensuring space activities benefit all and do not disproportionately impact any community negatively.
• governance – adhering to transparent, ethical practices and robust regulatory compliance.

Italy adheres to guidelines set by the IADC and COPUOS for minimising space debris:

• design for disposability – satellites and space objects must be designed to minimise debris generation and have end-of-life disposal plans;
• post-mission disposal – operators should have plans to move defunct satellites to graveyard orbits or deorbit them safely; and
• minimising risk – procedures to lower the risk of collision and fragmentation are mandatory.

In Italy, intellectual property rights related to space activities are governed by a combination of national laws, European Union regulations, and international treaties. There are no IP laws exclusively tailored to space activities.

At the moment, Italy does not have a specific domestic legal framework governing space resources (such as minerals on asteroids or the Moon). The issue of space resources is primarily addressed through international treaties and regulations, which Italy, as a part of the international community, adheres to.

There is no Italian national granting authority for resource rights in outer space, and the jurisdictional framework is primarily international. ASI operates within this international framework but does not have the authority to grant resource rights. Moving forward, any development in this area would likely require new international agreements or national legislation that aligns with international law.

According to ENAC’s SASO Regulations (450.48 Environmental Requirements), the space operator must comply with the relevant environmental requirements set forth in Sections III, IV and V of the Regulations, as applicable, and any other relevant regulatory laws applicable in Italy. Moreover, Section III (6) of the Regulations requires the operator to produce an environmental impact assessment, agreed with ENAC, to determine the risk to environmental elements (atmosphere, water and soil) from emissions and noise generated by the vehicle during its operation and to establish appropriate prevention and mitigation measures to reduce that risk to acceptable levels.

Moreover, Italy follows the guidelines set by the IADC and the United Nations COPUOS to manage and mitigate space debris. The focus is on reducing the creation of debris during missions and ensuring responsible end-of-life disposal of satellites.

Italy’s national legal framework does not currently have specific provisions regarding the extraction and use of critical space minerals like helium-3. However, the country participates actively in international discussions about space resource utilisation and is aligned with the ESA’s policies and initiatives on this front.

Italy participates in initiatives such as the European Green Deal and the EU Space Programme, which support sustainable development and environmental monitoring through space activities. ASI is involved in Earth observation programmes, primarily Copernicus, that provide data for climate monitoring and environmental protection. About 50% of climate variables are in fact observable only from Earth.

Italy is also committed to the United Nations 2030 Agenda, contributing through space activities to goals such as climate action.

Italy’s tax system for space activities is integrated within the broader framework of the country’s corporate tax and incentive structures.

Italy offers a variety of tax incentives to promote investment in innovative sectors, including space activities. These incentives are designed to support research, development and innovation, making the country an attractive destination for businesses within the space sector.

The tax implications of transferring or selling space assets in Italy are multifaceted, involving corporate income tax on capital gains, VAT considerations, transfer pricing rules, withholding taxes, and potentially favourable treaty provisions.

Italy’s NewSpace sector is experiencing a significant positive trajectory, supported by strong governmental policies, an innovation-friendly ecosystem, and increasing venture capital interest. Successful start-ups like D-Orbit and innovative research institutions create a dynamic landscape. The evolution in fundraising demonstrates the growing confidence of investors in the sector’s potential, as capital inflows continue to rise and diversify. With sustained support and investment, Italy’s NewSpace industry is poised for continued growth and global impact.

Both Italian and international VC firms are participating in funding rounds, indicating a robust ecosystem of financial support. Primo Space is the first Italian VC dedicated to Space start-ups.

The financing of space activities in Italy relies on a diverse range of sources, both public and private. Public funding from ASI, national and regional governments, and the EU plays a significant role in supporting research, innovation and development. Private funding, including venture capital, private equity, and corporate investments, is crucial for scaling operations and commercialisation. Additionally, debt financing through bank loans and bonds complements equity investments, while alternative financing methods like crowdfunding and public-private partnerships provide flexible options for raising capital. These multifaceted funding mechanisms collectively support the dynamic growth and sustainability of Italy’s space sector.

Italy has created an inviting environment for investment in space activities through a combination of robust governmental support, tax incentives and a thriving innovation ecosystem. The presence of distinguished academic institutions, active incubators and accelerators, and growing venture capital interest further enhances Italy’s attractiveness. Additionally, international collaborations and strategic market access opportunities make Italy a compelling destination for investment in the burgeoning NewSpace sector.

Cross-sectoral and sector-specific EU investment screening rules, and the associated thresholds, may apply to acquisitions and investments in Italian companies by non-EU investors. This would give rise to certain reporting requirements for domestic companies.

There are few space-sector companies listed on Italian exchanges, nor do companies appear to be making use of the bond markets in this sector. There is therefore no applicable information in this jurisdiction.