Public Law

More responsibilities, a bigger budget, and a new name: European Commission proposes a new founding act for EUSPA

On 7 April 2026, the European Commission published its proposal for a new “Regulation on the European Union Space Services Agency”. The proposal replaces EUSPA’s current legal basis under Regulation (EU) 2021/696 with a separate founding act for the Agency, codifies its tasks and procedures, and decouples these from the current multiannual financial framework. EUSPA is responsible for implementing key EU space programmes and providing space services, chiefly satellite navigation, earth observation and secure connectivity. The proposal is directly linked to the planned EU Space Act and is a further step towards harmonising European space law (see “European Commission proposes EU Space Act” and “EU Space Act Update: Relationship to NIS 2 Directive, adjustments to scope and practical simplifications”). It also requires EUSPA to align its digital solutions with the AI Act, with implications for companies providing digital services to the Agency.

Background

On 7 April 2026, the European Commission published its proposal for a new Regulation on the European Union Space Services Agency and amending Regulation (EU) 2021/696 (“Draft Regulation”). The Draft Regulation aims to put the existing European Union Agency for the Space Programme (“EUSPA”) on a firmer institutional and financial footing, renaming it the “European Union Space Services Agency” in the process. The proposed legislation is a further step towards harmonising European space law, aiming to foster innovation, safeguard the market share of European players and create European space readiness.

EUSPA is an existing EU agency with legal capacity, whose legal basis is Title IX of Regulation (EU) 2021/696, the framework for the EU’s space programme spanning 2021 to 2027. As part of its mandate, EUSPA helps implement the EU’s space programme by providing security accreditation and developing market and downstream applications. The Agency also represents the public interest in connection with European global navigation satellite system (GNSS) programmes, the earth observation programme Copernicus, and governmental satellite communications in the European Union (GOVSATCOM). EUSPA’s administrative and management structure consists of an Administrative Board, an Executive Director and the Security Accreditation Board.

Since its founding, EUSPA has grown beyond its original mandate. Additional tasks and responsibilities were assigned to the Agency, including under Articles 27, 30 and 32 Regulation (EU) 2023/588 establishing the Union Secure Connectivity Programme, which aims to ensure global access to secure governmental satellite communication services. More tasks will follow from initiatives such as the proposed Regulation establishing the European Competitiveness Fund (ECF) and the proposed EU Space Act (see our previous articles “European Commission proposes EU Space Act” and “EU Space Act Update: Relationship to NIS 2 Directive, Adjustments to Scope and Practical Simplifications”).

While EUSPA’s role in European space security has continued to grow in recent years, its legal basis is the EU’s seven-year space programme, which is subject to the EU’s current multiannual financial framework (“MFF”). The Draft Regulation addresses this by creating a new, separate founding act for EUSPA, giving the Agency legal certainty beyond MFF cycles. It also changes the EUSPA’s administrative and management structure, broadens the Agency’s mandate and increases its budget. The Draft Regulation is closely linked to the EU Space Act and the proposed ECF Regulation. Going forward, EUSPA will be the operational pillar of EU space activities, carrying out the main tasks these initiatives will entail.

Key changes

  • Organisation: EUSPA’s basic administrative and management structure (Administrative Board, Executive Director, Security Accreditation Board) will be retained. The Administrative Board is made up of one voting representative per Member State, three voting representatives of the European Commission and a non-voting representative of the European Parliament. It oversees the Agency’s performance, adopts the annual and multiannual work programmes, and approves the budget and the annual report. The Executive Director is nominated by the European Commission and appointed by the Administrative Board. He or she heads the Agency and is its public face. The Security Accreditation Board comprises one representative per Member State, one representative of the Commission, and one of the High Representative, and is responsible for the security accreditation of all Union space components. This board’s tasks include managing the security accreditation strategy and approving satellite launches and ground stations. The Draft Regulation introduces the following changes:
    • Deputy Executive Director: A new post of Deputy Executive Director has been added to the administrative and management structure, in line with the expansion of the Agency’s operational mandate (Article 5(1) Draft Regulation).
    • Crisis situations: The Administrative Board will have new powers to declare a crisis situation to ensure the continuity of services for government-authorised users, upon the Executive Director’s proposal and by a two-thirds majority (Article 9(1), letter (q) Draft Regulation). Such situations may arise, for example, from the imminent or rapid escalation of an armed conflict, for example, or as a result of natural disasters. In these circumstances, the Executive Director may take the necessary actions to preserve the security of the Union space systems’ infrastructures and operations (Article 30(5) Draft Regulation).
  • Seat of EUSPA: EUSPA’s headquarters will remain in Prague (Article 3(1) Draft Regulation). In addition to its headquarters, however, EUSPA may also establish local offices in the Member States if this is required by the Union space components referred to in Article 58 of the proposed ECF Regulation (Article 3(2) in conjunction with Article 13 Draft Regulation). The Union space components implement EU space policy and include satellite communication for public authorities (GOVSATCOM), Space Situational Awareness (SSA), and Positioning, Navigation and Timing (PNT).
  • Digital requirements and the AI Act: A “digital statement” appended to the Draft Regulation requires EUSPA to align its digital solutions with the Union’s relevant horizontal legal framework, in particular the AI Act (see our previous post “Commission’s digital omnibus proposal to simplify the Artificial Intelligence Act”), the EU Cybersecurity Framework, the eIDAS Regulation and the Single Digital Gateway Regulation. Providers of digital solutions for EUSPA are therefore likely to face stricter compliance requirements in connection with AI, cybersecurity and interoperability.
  • Contractual operators and the continuity of services: In future, EUSPA will have to ensure that its contractual operators have the necessary competency frameworks, succession planning and operational capability in place (Article 4(7) Draft Regulation). EUSPA must ensure that these operators can guarantee the continuity of services for government-authorised users during crisis or extended disruptions. For companies contracted to EUSPA, this will mean specific contractual and organisational requirements concerning business continuity and resilience concepts.
  • Broader operational mandate: Article 4 Draft Regulation sets out EUSPA’s tasks, dividing them into three categories. Under current statutory provisions, EUSPA’s mandate already includes the tasks set out in Article 4(1) and (2). But Article 4(3) will allow the European Commission to assign further tasks to EUSPA in future. These tasks are closely linked to the proposed ECF Regulation.
    • Article 4(1) Draft Regulation: The first category consists of EUSPA’s own tasks that it performs autonomously. These include the security accreditation of the Union space components, the operational security of the Union space components “Positioning, Navigation and Timing (PNT)” and “Earth Observation (EO)” and space security monitoring.
      • Security accreditation of Union space components: EUSPA verifies and confirms that all security requirements have been met before systems become operational. That includes approving the security procedures for satellite launches and authorising the operation of ground stations (Article 17(2), letter (b) Draft Regulation).
      • Operational security of PNT and EO: EUSPA continuously assesses potential risks to the Union space components and ensures that appropriate protective measures are in place. To this end, it carries out risk and threat analyses and prepares the relevant accreditation files (Article 4(1), letter (b) Draft Regulation). 
      • Space security monitoring: EUSPA operates a security monitoring structure for the Union space components and establishes processes so that EU security instructions, such as decisions on the Common Foreign and Security Policy, are put into operational effect.
    • Article 4(2) Draft Regulation: The second category comprises tasks that the European Commission entrusts to EUSPA, in particular managing the exploitation of PNT and the operational management of the “Governmental Satellite Communication (GOVSATCOM) Hub”.
      • Managing the exploitation of PNT: This includes the management, operation, maintenance, evolution and protection of the space-based and ground-based infrastructure of the “Positioning, Navigation and Timing (PNT)” component and support for certification and standardisation activities (Article 4(2), letter (a) Draft Regulation).
      • Management of the GOVSATCOM Hub: In this capacity, EUSPA coordinates secure satellite communication services for governmental users, e.g. for crisis management as well as security and defence, and ensures their reliable operation (Article 4(2), letter (b) Draft Regulation).
    • Article 4(3) Draft Regulation: The third category comprises tasks that the European Commission entrusts to EUSPA, subject to sufficient operational readiness and, where necessary, continuity of the Agency’s activities. These include:
      • Actions to support the security of the “Earth Observation Governmental Service (EOGS)”, a satellite system designed to deliver high-resolution imagery at regular intervals;
      • Provision of radio-frequency interference monitoring services for the needs of Union space components;
      • Cooperating with the European Commission to support space operators in cybersecurity and other matters;
      • Actions to support space commercialisation and space economy.
         
  • New fee-based funding option for EUSPA: EUSPA’s revenue will continue to comprise a Union contribution, voluntary contributions from Member States and third countries, and ad hoc grants. In addition, Article 25(3e) Draft Regulation will allow EUSPA to charge fees for services it provides. The substantive legal basis for imposing fees is to be established by the EU Space Act (see our previous articles “European Commission proposes EU Space Act” and “EU Space Act Update: Relationship to NIS 2 Directive, adjustments to scope and practical simplifications”) (p. 65 Draft Regulation).
  • Increase in Union funding: To ensure the continuation of EUSPA’s current tasks and to fund new activities under the Agency’s broader mandate, the Draft Regulation provides for an increase in the Union’s financial contribution to EUSPA, from EUR 525.7 million under the 2021-2027 MFF to EUR 979.6 million for the 2028-2034 period.
  • Transitional arrangements: Under Article 42(1) Draft Regulation, EUSPA will take over all operations and activities of the current European Union Agency for the Space Programme. This includes all assets, agreements, legal obligations, employment contracts, financial commitments and liabilities.

Conclusion and outlook

For the EU, the Draft Regulation is another milestone on the path towards a coherent, sustainable regulatory framework for the space sector. The goal is for EUSPA to become a permanent pillar in the operations of European space services, with a significantly broader mandate. Together with the planned EU Space Act and further initiatives such as the proposed ECF Regulation, EUSPA will expand to become the main body for implementing and supporting European space services. The Draft Regulation underlines the ongoing harmonisation of European space law and the growing economic and strategic importance of space for the EU.

The current geopolitical situation has brought security and resilience into sharper focus. EUSPA is set to play a key role by assisting the European Commission on security issues including cybersecurity and cooperating with specialised bodies such as the European Union Agency for Cybersecurity (ENISA). The targeted support for operators in the space sector, especially in cybersecurity as well as IT and communications security, reflects EUSPA’s increasing proximity to market players.

The Draft Regulation will now go through the EU’s legislative process and will be considered by the European Parliament and the Council. If adopted, the new Regulation is scheduled to apply from 1 January 2028, although amendments may be made during the ordinary legislative procedure.

Companies in the space sector and downstream sectors will therefore face both new requirements and new opportunities. Deeper institutional integration, the expansion of EUSPA’s mandate, and the likely introduction of fee-based services in the medium term point to increased interaction between business and the Agency. Companies should monitor regulatory developments now and integrate them into their strategies to profit from fresh business opportunities while preparing for new regulatory and security requirements.

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