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Government space contracts and licensing · ESA and EU

ESA and EU space contracts

ESA is an intergovernmental agency, not an EU body. It contracts under its own Contracting Regulations and General Clauses and Conditions, which steer work to member states in line with their contributions (geographic return). The EU runs its own space programmes (Galileo, Copernicus, IRIS²) under the EU Space Programme Regulation, contracting through the Commission and the EU Agency for the Space Programme. Licensing is national today. The proposed EU Space Act would add an EU authorisation regime from 2030.

Randeep Bubbra | Lawyer | Making space financeable

What to know

  • ESA contracts are governed by the General Clauses and Conditions (ESA/REG/002, rev 4, July 2024), read with the Contracting Regulations (ESA/REG/001, rev 6, in force 1 January 2025).
  • ESA tenders can be scored on industrial policy measures and geographic return as well as price, so a member state's subscription to a programme shapes who wins the work.
  • Under the EU Space Programme Regulation the Union owns assets created under its programmes unless an exception applies, and large contracts aim to subcontract at least 30% outside the prime's group.
  • The EU Space Act proposal (COM(2025) 335) would require EU authorisation for space operators, recognised across member states. As proposed it applies from 1 January 2030, excludes defence and national security objects, and excludes assets launched before 2030.
  • Export control follows the EU Dual-Use Regulation, with national military lists on top.

The instruments

Term by term

Licence to launch and operate

National laws today (France, Luxembourg, Italy and others). The proposed EU Space Act would require an EU authorisation, recognised across member states, from 2030.

Third-party liability and insurance

The 1972 Liability Convention makes the launching State liable. National laws pass liability to operators with caps and insurance. ESA contracts exclude consequential damages between the parties.

Cross-waivers

Contractual. Launch services agreements commonly include reciprocal waivers, flowed down to contractors. ESA contracts exclude consequential damages between the parties.

Procurement and geographic return

ESA scores tenders on price, technical marks and, where set, industrial policy and geographic return. EU programmes follow the Space Programme Regulation, with a 30% subcontracting target outside the prime's group on contracts above €10m.

IP and data rights

ESA: the contractor owns the IP, ESA and participating states get access rights, and ESA can require assignment on failure to register or exploit. EU programmes: the Union owns assets created under them, with exceptions.

Export control

EU Dual-Use Regulation: an authorisation is needed to export listed items, including spacecraft and components in Category 9. Military items fall under national lists.

Spectrum and ITU filings

Spectrum is national: each state files with the ITU and licenses use. The EU Space Act proposal leaves spectrum outside its scope.

Change of control and transfer

ESA contracts cannot be transferred without prior authorisation, and may not be used as capital to float a company. National licences set their own transfer rules.

Anchor revenue and termination

ESA may terminate without fault, taking over work in progress at a fair price and indemnifying losses, including the part of lost profit attributable to termination.

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General information on public law and standard terms as at 28 Oct 2026, not legal advice on any contract or transaction. Quoted wording is checked against the official text linked to it.