In a new working paper, Ioana Bratu and Frans von der Dunk critically assess the proposal for the EU Space Act and its impact on the Dutch space environment.
Read the abstract below and download the working draft here.
Abstract
On 25 June 2025, the European Commission proposed the Regulation on the Safety, Resilience and Sustainability of Space Activities in the Union (EU Space Act), with the purpose of creating a single legal framework for space activities across all Member States. Applying to European as well as non-EU operators active in the Union, the proposal seeks to strengthen security, resilience, and environmental responsibility in the European space sector. Its adoption is expected to include intense debates focused on debris mitigation standards, cybersecurity obligations, institutional competences, the defence and national security exclusions, and the choice of legal basis under Article 114 TFEU as opposed to Article 189 TFEU.
This paper represents the first systematic examination of the proposal’s impact on Member States, interpreting its provisions through the lens of the Dutch space ecosystem. The Netherlands, the home of ESA ESTEC and of a vibrant and growing commercial space ecosystem, recently announced the transitioning of the Royal Netherlands Air Force into the Royal Netherlands Air and Space Force, reflecting the uncontested strategic importance of space.
The analysis serves as a case study for evaluating legal and operational implications of the EU Space Act, delivering insights applicable to all Member States, in particular to the national authorities that will be responsible for the implementation, and is also relevant to a broader audience: government representatives, policy advisors, legal practitioners, commercial enterprises and SMEs, research institutions, universities, NGOs, and think tanks. By tracing the potential adjustments required and the strategic considerations involved, the paper aims to support informed decision-making as the proposal advances toward its next legislative milestones.
