The AED Cluster Portugal has set out its position on the EU Space Act, contributing to the national and European debate on the future regulatory framework for the space sector. The document emphasises the need to ensure that the creation of a European Single Market for Space promotes safety, resilience and sustainability, without compromising the competitiveness, innovation and internationalisation capacity of the European space ecosystem.
The proposed European Union regulation is the first European legislative initiative aimed at harmonising the regulatory framework for the space sector, which is currently characterised by the coexistence of different national regimes. For the AED Cluster Portugal, this harmonisation represents a strategic opportunity to reduce fragmentation, create legal predictability and strengthen European industrial cooperation, in a context where space is becoming increasingly important for Europe’s security, strategic autonomy and technological sovereignty.
The AED’s position was shared as part of the national consultation process on the EU Space Act, including dialogue with the Interministerial Working Group on Space, the relevant national authorities and the European Commission. The document reflects contributions from the national ecosystem and incorporates specialist technical and legal expertise, with the support of Abreu Advogados and VdA – Vieira de Almeida.
Regulation as a catalyst for competitiveness
AED Cluster Portugal recognises the importance of a European regulatory framework capable of ensuring safe, resilient and sustainable space activities. However, it emphasises that the success of the EU Space Act will depend on its ability to act as a catalyst for scale, investment and competitiveness, whilst avoiding the creation of disproportionate administrative or financial burdens.
The Portuguese space ecosystem is at a turning point, with an export-oriented industrial base comprising, to a large extent, SMEs, universities, scientific bodies and research centres. In this context, the Cluster highlights the need to safeguard business agility and responsiveness to the market, factors that are essential for the integration of Portuguese companies into global value chains.
Among the main concerns identified is the risk that new compliance requirements may impose excessive costs on SMEs, limiting their ability to innovate, invest and compete internationally. The AED therefore argues that the mechanisms for implementing the regulation must be accompanied by appropriate support measures, so as to ensure that the regulation does not become a barrier to the sector’s growth.
Proportionality, administrative efficiency and legal predictability
Proportionality is one of the central principles underpinning the AED’s position. The cluster argues that regulatory requirements should be determined on the basis of the risk profile of missions and operations, rather than solely on the size of the organisations. This approach is particularly relevant for growing companies, including technology scale-ups, which can rapidly expand their teams without yet reaching turnover levels commensurate with more onerous regulatory burdens.
The AED Cluster Portugal also considers it essential to maintain agile and competitive licensing regimes. The Portuguese regulatory framework, which allows authorisations for space operations to be granted within short timeframes, has been a key factor in the development of national capabilities, including commercial and dual-use operations. The introduction of excessively long processing times within the European context could reduce the market’s attractiveness and limit the ability of European companies to respond effectively to international competitors.
Regulatory consistency is another key priority. The position paper emphasises the importance of building on existing technical standards and avoiding redundancies that could lead to legal uncertainty or duplication of procedures. For the AED, effective regulation should enhance predictability, simplify procedures and facilitate the participation of European companies in international projects.
A level playing field in the European market
AED Cluster Portugal also draws attention to the need to ensure a level playing field between European operators and entities from third countries. Access to the European market must be based on reciprocity, ensuring that external operators meet requirements equivalent to those imposed on European companies, particularly in terms of safety, sustainability and resilience.
This concern is particularly relevant in a geopolitical context in which space is increasingly recognised as a strategic domain for security, industrial competitiveness and technological autonomy. For the AED, European strategic autonomy depends not only on major infrastructure but also on the existence of a solid, diverse, innovative and competitive industrial base, capable of developing, testing, integrating and operating value-added space solutions.
AED Cluster Portugal presented its position at a meeting of the interministerial group on space, which was attended by the European Commission, represented by Rodolphe Muñoz from DG DEFIS. The meeting took place on 10 April at the Thalia Theatre in Lisbon and included the participation of the Portuguese Space Agency.