Região Autónoma dos Açores - Assembleia Legislativa (Autonomous Region of the Azores - Legislative Assembly)
Decreto Legislativo Regional (Regional Legislative Decree)
(This is not an official translation of the Law)
First amendment to Regional Legislative Decree No 9/2019/A, of 9 May, which approves the legal regime for licensing space activities, for prior qualification and for the registration and transfer of space objects in the Autonomous Region of the Azores
It is incumbent on the Regional Public Administration to ensure the principle of good management of public resources, and to this end, it is required to abide by a careful and reasoned exercise of these resources and, accordingly, to adopt measures that guarantee the implementation of the most adequate solutions with a view to making full use of the available resources.
Within this context, with regard to the exercise of space activities, subject to specific licensing under Regional Legislative Decree No 9/2019/A, of 9 May, it is imperative to ensure the application of measures that may safeguard as well as maximise aspects related to social benefits and costs, namely with regard to issues that may concern the economy and the environment.
Also from this standpoint, space operations may be associated with activities that, while not using space itself as their purpose, make economic use of resources of a public nature that require prior licensing or authorisation, granted subject to compliance with conditions that take into account not only competitive and market aspects but also the social and environmental balance that these activities must not undermine.
Based on this premise, through Resolution of the Government Council No 48/2019 of 2 April, the Regional Government of the Azores authorised the launch of the Competitive Dialogue procedure for the Construction, Operation and Exploitation of a Space Port that will enable a new generation of launch services, located on the island of Santa Maria.
In these terms, in the public interest and in safeguarding the principle of good management of public assets, Regional Legislative Decree No 9/2019/A, of 9 May, must be amended in order to ensure that the rights to exploit space activities in the Region are subject to administrative concession contracts to be signed with the Regional Government of the Azores.
The purpose of this amendment is also to ensure that, on the one hand, the exercise of space activities in the Autonomous Region of the Azores safeguards environmental assets and, on the other hand, ensures all potential protection processes of areas covered by this activity, as well as of populations and ecosystems established therein.
Therefore, the Legislative Assembly of the Autonomous Region of the Azores hereby decrees, under point a) of paragraph 1 of article 227 of the Constitution of the Portuguese Republic and paragraph 1 of article 37 of the Political-Administrative Statute of the Autonomous Region of the Azores, as follows:
Article 1
First amendment to Regional Legislative Decree No 9/2019/A, of May 9
Article 2 of Regional Legislative Decree No 9/2019/A, of 9 May, is hereby amended to read as follows:
«Article 2
[...]
1 – Space activities to be developed in the Autonomous Region of the Azores are considered to be those that are based on infrastructures or platforms located in its terrestrial or maritime space, including, in the latter case, the maritime areas adjacent to the archipelago.
2 – The use of infrastructures and platforms referred to in the previous paragraph, which are part of the development of space activities in the Azores, shall be exercised exclusively through an administrative concession contract to be signed with the Regional Government of the Azores, in compliance with the respective applicable legal procedure.
3 – For the purposes set out in the previous paragraphs, infrastructures and platforms are considered to be all structures that contribute to the exploitation and development of space activities, including ground tests, vertical or horizontal launch and/or return operations, as well as structures integrated in technical solutions that specifically target organisational models of businesses dedicated to space or to space technologies.»
Article 2
Republication
Regional Legislative Decree No 9/2019/A, of 9 May, is hereby duly republished in an annex to this statutory instrument, being deemed to be an integral part hereof, with the amendments introduced by this statutory instrument.
Article 3
Entry into force
This statutory instrument shall enter into force on the day following its publication.
Approved by the Legislative Assembly of the Autonomous Region of the Azores, in Horta, on 16 June 2021.
The President of the Legislative Assembly, Luís Carlos Correia Garcia.
Signed at Angra do Heroismo on 12 July, 2021.
Let it be published.
The Representative of the Republic for the Autonomous Region of the Azores, Pedro Manuel dos Reis Alves Catarino.
ANNEX
(referred to in article 2)
Republication of Regional Legislative Decree No 9/2019/A, of 9 May
CHAPTER I
General provisions
Article 1
Subject-matter
This statutory instrument governs the legal regime for licensing space activities, for prior qualification and for the registration and transfer of space objects, regarding activities to be developed in the Autonomous Region of the Azores, as well as the respective economic and financial regime.
Article 2
Scope of application
1 – Space activities to be developed in the Autonomous Region of the Azores are considered to be those that are based on infrastructures or platforms located in its terrestrial or maritime space, including, in the latter case, the maritime areas adjacent to the archipelago.
2 – The use of infrastructures and platforms referred to in the previous paragraph, which are part of the development of space activities in the Azores, shall be exercised exclusively through an administrative concession contract to be signed with the Regional Government of the Azores, in compliance with the respective applicable legal procedure.
3 – For the purposes set out in the previous paragraphs, infrastructures and platforms are considered to be all structures that contribute to the exploitation and development of space activities, including ground tests, vertical or horizontal launch and/or return operations, as well as structures integrated in technical solutions that specifically target organisational models of businesses dedicated to space or to space technologies.
Article 3
Definitions
For the purposes of this statutory instrument, the following definitions shall apply:
a) «Space Authority» (AE) shall mean the body provided for in article 21 of Decree-Law No 16/2019, of 22 January;
b) «Regional Space Body» (EER) shall mean the department of the Regional Government with competence in matters of science and technology;
c) «Launch centre» shall mean any fixed or mobile facility designed for the launch or return of spacecrafts, including all the equipment in that facility that is necessary for carrying out launches or returns;
d) «Space object» shall mean:
i) An object launched or intended to be launched into or returned from space, namely into or beyond Earth orbit;
ii) Any vehicle intended to launch or return an object referred to in the previous point, even if operated without such an object, in particular for development or validation purposes, hereinafter referred to as a launcher;
iii) Any component part of space objects referred to in the preceding points;
e) «Launch centre operation» shall mean the management, administration or direction of a launch centre;
f) «Space operation» shall mean a launch and or return operation or a command and control operation;
g) «Launch operation» shall mean an activity to send or launch space objects into space, namely with a view to their being placed in orbit or beyond, beginning, if applicable, when it becomes irreversible, and terminating with the separation of the launcher and the object intended to be placed in space;
h) «Return operation» shall mean an activity intended to return space objects to the surface of the Earth;
i) «Command and control operation» shall mean the activity consisting in exercising effective control over the space object which, if applicable, begins upon separation of the launcher and the object destined for space, and ends when the first of the following occurs, as applicable:
i) The completion of the last de-orbiting manoeuvres and passivation activities;
ii) The loss of control of the space object;
iii) The moment of the beginning of the return to Earth or complete disintegration of the space object in the atmosphere;
j) «Launch centre operator» shall mean the natural or legal person who manages, administers or directs a launch centre;
k) «Command and control operator» shall mean the natural or legal person who undertakes command and control operations of space objects in space, and where the object cannot be controlled or guided, the command and control operator shall be the natural or legal person who has contracted its launch or who undertakes its exploitation, as notified to EER in the prior qualification and licensing process;
l) «Launch and/or return operator» shall mean a natural or legal person who undertakes operations to launch and/or return space objects.
CHAPTER II
Exercise of space activities
SECTION I
General provisions
Article 4
Access requirements
Space activities in the Region shall be subject to:
a) Optional prior qualification of operators, as well as systems, processes, characteristics and specifications, with a view to simplifying the licensing procedure;
b) Mandatory license for launch and/or return operations and for command and control operations;
c) Registration of space objects.
Article 5
Opinions, authorisations and communications
1 – The licensing procedures for space activities, prior qualification for registration and transfer of space objects, relating to activities to be developed in the Region, shall be subject to the mandatory technical opinion of the EA, and shall also require an authorisation for the use of the public air domain by the competent national body.
2 – The licensing procedures referred to in the preceding paragraph shall be subject to the binding reasoned opinion of the ministries with powers in matters of national defence and internal administration where issues of national defence and security are at stake.
3 – EER shall communicate to the EA all necessary information related to the procedures referred to in the previous paragraphs, to ensure compliance of this body with the applicable international obligations, namely those arising from the Convention on Registration of Objects Launched into Outer Space.
Article 6
Cooperation
In implementing the provisions of the regional regulatory decree referred to in articles 7, 9, 10, 18 and 19 of this statutory instrument, in the procedures for prior qualification, licensing, registration and transfer of space objects, as well as in the supervision of space activities to be developed in the Azores, EER and AE shall cooperate with each other, taking the necessary steps that are deemed necessary to achieve the purposes for which this statutory instrument is intended.
SECTION II
Prior qualification
Article 7
Prior qualification
1 – The operators may request from EER a prior qualification for any of the situations indicated in the following paragraph, under the terms of the procedure to be approved by regional regulatory decree.
2 - Prior qualification is intended to:
a) Attest that the launch centre operator, the launch and/or return operator and the command and control operator have the technical, economic and financial capacity for the space operations they intend to perform;
b) Attest, as regards the launch centre operator, that the implemented systems and processes comply with the applicable legislation and meet the requirements set out in the procedure referred to in paragraph 1;
c) Attest, as regards the launch and/or return operator and the command and control operator, the characteristics and specifications of the respective space object;
d) Attest, as regards the command and control operator, the systems and processes implemented in the command and control centre.
3 – The prior qualification shall exempt the submission of information contained in the prior qualification certificate in the licensing procedure set out in the following articles.
4 – Operators that have obtained a certificate of prior qualification shall regularly update the information submitted, according to the terms to be defined by the regulation referred to in paragraph 1.
5 – When the update of the information submitted, under the terms of the previous number, implies changes to the conditions on which the prior qualification was based, EER shall notify the operator to state, under penalty of losing the certificate, whether it intends to open a new prior qualification process.
6 - The prior qualification shall terminate in the following cases:
a) Termination of the operator’s activity;
b) Surrender of the prior qualification certificate, by means of a written statement addressed to EER, at least 90 days in advance in relation to the intended date of termination, unless EER expressly consents to a shorter period;
c) Change of the conditions that determined the granting of the prior qualification, under the terms of the previous paragraph, namely when these affect the technical, economic or financial capacity of the operator or the regular and adequate functioning of the elements verified;
d) Non-compliance with determinations imposed by EER, namely following inspection actions;
e) Mandatory requirements related to the safety of persons or property, determined by the competent authorities.
7 – The prior qualification may also be terminated by decision of EER in cases where it has been granted to a licensed operator and the respective licence expires, provided that the ownership of that licence has had a relevant impact on the conditions for granting the prior qualification.
8 – The termination of the prior qualification under the terms of points c), d) and e) of paragraph 6 and of the previous paragraph shall be subject to prior notification to the operator, who may express his opinion in writing within the period set by EER, which shall not be less than 10 days.
SECTION III
Licencing
Article 8
Types of licences
1 - A licence shall be obtained from EER for the following types of space operation:
a) Launch and/or return operations;
b) Command and control operations.
2 - There are two types of licences:
a) Unitary license, applicable to each type of space operation and assigned to the respective operator;
b) Global licence, applicable to a series of space operations of the same type and allocated to the respective operator.
3 – Space operations of the same or a different type comprising one or more launch and/or return operations and the corresponding command and control operations of the space objects launched may also be licensed jointly, even if they are conducted by more than one operator, in which case the licence, which may be unitary or global as appropriate, is granted to one of the operators involved on behalf of the others.
4 – The operator holding a global licence shall give prior notification of licensed space operations to EER at least three days before the date planned for the operations.
5 – EER may require the holder of a global license to submit the information contained in the prior qualification certificate terminated under paragraphs 6 and 7 of the previous article for future space operations under the global license. The said space operations shall not be carried out without written confirmation, by EER, of compliance of the said information with the provisions of this statutory instrument, to be issued within 30 days of submission of the complete information by the operator.
Article 9
Conditions for granting a licence
1 - The licence shall granted subject to verification by EER that:
a) The applicant enjoys the technical, economic and financial capacity for the space operations it intends to carry out;
b) The space operation properly safeguards damage to the earth’s surface, airspace and outer space in accordance with applicable national and international obligations;
c) The space operation ensures that space debris is minimised to the maximum extent possible, in accordance with international principles and obligations;
d) The space operation is compatible with applicable public security standards, including those relating to public health and physical safety of citizens;
e) The space operation does not jeopardise the internal security and strategic interests of the Portuguese Republic and does not violate its international obligations;
f) All other authorisations required for the purposes of the space operation have been issued by the respective competent authorities;
g) The applicant holds the mandatory insurance required under article 19 of Decree-Law No 16/2019, of 22 January.
2 – The criteria used to assess the conditions set out in the previous number shall be defined by regional regulatory decree as referred to in paragraph 1 of article 7.
3 – The licence may lay down conditions in addition to those referred to in paragraph 1, including environmental conditions, which must be expressly accepted by the operator, failing which the licence shall not be granted.
Article 10
Licensing procedure
1 – The licensing procedure shall be defined by regional regulatory decree and the decision on whether to grant or refuse a licence shall be issued by EER no later than 90 days after receipt of the complete application.
2 – For the purpose of obtaining other authorisations that may be required under the terms of point f) of paragraph 1 of the preceding article, the following procedure shall be followed:
a) In the case of a unitary licence, the information and documentation required for other authorisations shall be submitted to EER together with the information and documentation for obtaining the licence for space operations;
b) In the case of a global licence, and where indicated by EER, the information and documentation required for the other authorisations shall be submitted prior to each operation, and the operator shall not carry out the space operation without these authorisations.
3 – The granting of licenses for space activities that are developed in maritime areas adjacent to the archipelago shall require a mandatory opinion from the regional directorate in charge of maritime affairs, within the scope of its competences, without prejudice to other opinions that may be legally required.
4 – The regulation referred to in paragraph 1 may establish special licensing arrangements, which may involve reducing time limits or simplifying procedures, in situations where:
a) The licence applicant is a public body or an international organisation acting under international agreements concluded with the Portuguese Republic;
b) The intended space operation is exclusively for scientific, research and development (R&D), education or training purposes or takes the form of activities for experimental purposes of high technical risk and duly justified in terms of their public interest objectives, without involving public risks;
c) The licence applicant has obtained authorisation to engage in space activities from another State whose legal system ensures compliance with the applicable international obligations.
5 – Space activities carried out by Portuguese operators or established on national territory, for which the operator proves, to the satisfaction of EER, that it has obtained the necessary authorisations and complies with the law of a State with which the Portuguese Republic has concluded an agreement that ensures the compliance of the latter with its international obligations, may be exempted from licensing.
6 – EER shall notify the Regional Civil Protection and Fire Brigade Service of the Azores (SRPCBA) of the list of licensed operators and their location.
Article 11
Rights and duties of the licence holder
1 – The granting of a license shall confer on its holder the right to carry out the corresponding space operations, under this statutory instrument and the contents of the respective license.
2 - The licence holder shall have the following duties:
a) To comply with and respect the international principles on the use of space, namely under the terms of the space treaties by which the Portuguese Republic is bound, including on matters of peaceful use, security and minimisation of space debris;
b) To undertake the registration of the space objects launched or controlled by it, identifying the respective owner, pursuant to this statutory instrument;
c) To establish and keep updated the civil liability insurance required under this statutory instrument;
d) To provide for and properly safeguard against any damage on Earth and in space, directly or indirectly, in accordance with applicable national and international obligations;
e) To comply with all legal and regulatory provisions in force, as well as conditions laid down in the license granted, pursuant to paragraph 3 of article 9.
Article 12
Duration of the licence
1 - Unitary licenses shall be granted for the period of time corresponding to the licensed operation.
2 - Global licences can be granted for a certain number of operations or for a certain period of time after issue.
Article 13
Transfer of the licence
1 – The transfer of a licence shall be subject to the prior authorisation of EER following a request by the holder, which may only be given provided that the conditions for its granting are met.
2 – The application for transfer must provide full details of the transferee’s identification and profile and include a declaration by the transferee confirming acceptance of the transfer and of all the terms of the licence.
3 – The decision on the transfer of the license shall be made within 60 days, and in case of acceptance, the identification of the transferee shall be recorded in the operator’s license.
4 – The transferee shall be subject to the same duties, obligations and charges of the transferor, as well as any others that may be imposed on him in the authorisation of the transfer.
5 – The authorisation referred to in this article shall expire where the legal transaction resulting in the transfer is not concluded within the period set forth therein.
Article 14
Termination of the licence
1 – The licence shall be terminated by expiry, surrender or revocation, under the following articles.
2 – Should the license be terminated for any of the reasons referred to in the previous paragraph, EER may:
a) Order the operator to take, at its own expense, such steps as are necessary to ensure the temporary continuation or safe termination of the space operation and to limit the risk of damage, the operator remaining to that effect subject to all obligations under this statutory instrument and its licence; and or
b) Transfer the exercise of the space operation to another interested operator with a view to ensuring the continuity of the operation or to take, at the expense of the operator whose licence has been terminated, the necessary actions to de-orbit or destroy the space object.
3 – Without prejudice to compliance with the duty of notification in general terms, the termination of the licence shall be disclosed on the website of EER.
Article 15
Expiry of the licence
The licence shall expire in the following situations:
a) Where the operator ceases its activities;
b) Where it reaches the end of the period for which it was granted.
Article 16
Surrender of the licence
1 – The license holder shall be entitled to surrender the license it has been granted before the expiry of the respective term.
2 – The notice of licence surrender shall be submitted in writing to EER at least 120 days before the intended effective date of the surrender, unless EER expressly consents to a shorter period.
Article 17
Revocation of the licence
1 – The licence may be revoked by EER in the following situations:
a) Where its holder fails to comply with the duties related to the exercise of the activity, under the terms of the applicable legislation and the respective license, including when, for any reason, the compulsory civil liability insurance is no longer in force or does not guarantee the applicable conditions;
b) Where its holder fails to comply with the imposed determinations, namely following inspection actions;
c) Where its holder repeatedly fails to comply with the duty to send to EER the information referred to in article 24;
d) For compelling reasons related to the safety of persons or property, as determined by the competent authorities.
2 – The revocation decision may not be issued without a prior notification to the licensee, who shall be entitled to express its opinion, in writing, within the period set by EER, which may not be less than 10 working days.
SECTION IV
Registration and transfer of space objects
Article 18
Registration of space objects
1 – Space objects for which the Region is the launch or return site shall be subject to registration by EER.
2 - Records shall include the following information:
a) Identification of the responsible launch or return operator;
b) Identification of the owner and the command and control operator in charge;
c) Name of the space object, registration number and frequency allocation number assigned by competent bodies;
d) Date and place of launch;
e) Basic orbital parameters, including nodal period, inclination, apogee and perigee;
f) General function of the space object.
3 – The following shall also be subject to registration, under the terms to be defined by regional regulatory decree:
a) Space objects whose launch, return or command and control is carried out by operators licensed in the Region, including technical characteristics and specifications, the respective licensed operator being responsible for ensuring the registration;
b) The transfer of ownership of any space objects whose launch, return or command and control is carried out by licensed operators within the scope of this statutory instrument, the respective transferor being responsible for ensuring the registration;
c) The end of useful life of a space object operated and controlled by a command and control operator licensed in the Region, the respective command and control operator being responsible for ensuring the registration;
d) Any serious incident or accident incurred by the space object, the respective operator being responsible for ensuring the registration.
4 – EER may determine the obligation to make available additional elements to those provided for in paragraphs 2 and 3, including those necessary to comply with supervening international rules or resolutions.
5 – The operator shall submit the information for registration to EER within two days of the launch of the space object.
6 – Any update or change to the information in the records shall also be notified by the operator to EER within two days.
Article 19
Transfer of space objects
1 – The transfer of ownership of space objects whose launch, return or command and control is carried out by licensed operators shall be communicated to EER, pursuant to and with the information to be defined in a regional regulatory decree.
2 – The communication referred to in the previous paragraph shall include, at least, information on the identification of the transferor, indicating the name or corporate name, address or headquarters, share capital and contact details.
3 – The transfer of ownership of space objects and the information provided for in the previous paragraphs shall be communicated to the EA by EER.
CHAPTER III
Regulation
Article 20
Liability and insurance
Operators shall be liable for damages caused in the exercise of space activity and shall have their liability covered by an insurance contract, under the terms of articles 18 and 19 of Decree-Law No 16/2019, of 22 January, and of a joint Administrative Order of the members of the Regional Government in charge of finance and science and technology.
Article 21
Reporting of incidents and accidents
1 – Operators shall report to EER, within twenty-four hours of becoming aware of the occurrence, of:
a) Incidents and accidents that have occurred on their premises or in connection with their space activities;
b) Any manoeuvre, malfunction or anomaly of the space object, or other circumstances arising out of or in connection with their space activity, which could result in a serious incident or accident.
2 – Operators shall immediately report to EER, the regional directorate for the environment and the SRPCBA, as well as to the regional directorate with competence for maritime affairs as regards activities carried out in maritime space, all serious accidents that have taken place on their premises or within the scope of their spatial activity.
3 – EER shall be responsible for forwarding the communication received under the terms of the previous numbers to the other competent entities, and shall act in close coordination with them.
4 – Following the occurrences provided for in paragraph 1, EER shall examine the state of the installations and other relevant elements of the operator and other operators associated with the activity in question, as well as analyse the circumstances of the occurrence, drawing up a technical report.
5 - EER shall report to the EA, within no more than twenty-four hours, the recorded occurrences and the respective technical reports.
CHAPTER IV
Supervision of space activities
SECTION I
Scope, objectives and activities
Article 22
Regional Space Body (EER)
EER shall be responsible for supervising space activities based on launch centres on the land or sea territory of the Azores archipelago, including, in the latter case, adjacent maritime areas, without prejudice to the national regulatory and supervisory powers of the EA.
Article 23
Duties
1 - It shall be incumbent on EER to:
a) Issue prior qualification certificates and licences and undertake registration of space objects;
b) Cooperate with other national and international bodies with relevant competences in the space sector;
c) Ensure that, in similar circumstances, there is no discrimination in the treatment of bodies engaged in space activities;
d) To draw up regulations and issue instructions on practices to be followed in order to comply with the provisions of this statutory instrument;
e) Any others provided for by law or regulation.
2 – EER shall also responsible for assessing and deciding on any requests or complaints from operators, seeking to settle any disputes related to the obligations arising from this statutory instrument, between the bodies subject to it, without prejudice to the possibility of appealing to the courts.
3 – The response of EER to the requests or complaints provided for in the previous paragraph shall be issued not later than six months from the date they are submitted and notified to the interested parties with the respective grounds, and shall be published on EER’s website, without prejudice to the duty to safeguard commercial confidentiality.
4 – It shall also be incumbent on EER to:
a) Monitor compliance with the obligations contained in this statutory instrument;
b) Bring and investigate administrative offence proceedings, as well as apply the sanctions provided for in this statutory instrument.
5 - EER and other competent authorities and services shall cooperate with each other, whenever necessary, on matters of common interest and as required for the adequate pursuit of the purposes of this statutory instrument.
Article 24
Obligations of operators with regard to supervision
Operators shall be required, in relation to EER, to:
a) Allow and facilitate the free access of technical staff to their premises and facilities, as well as to their equipment and instruments;
b) Provide all information and assistance required for the performance of their supervisory duties;
c) To keep a file, duly organised and updated, in their premises based in the Region, that shall include all relevant documents and records pertaining to its space activities and to the licensing and previous qualification process, namely all licences, certificates and all opinions issued within this scope, the inspection reports and other relevant elements, in conditions that can be made available for information access and consultation by EER.
SECTION II
Sanctioning regime
Article 25
Administrative offences
1 - The following breaches shall be deemed to be administrative offences:
a) The pursuit of space operations by unlicensed operators;
b) Failure by the licensed operator to comply with any of its obligations under article 9, paragraph 2 of article 11 and the respective development regulations, as well as failure to comply with specific conditions set out in the licence in accordance with paragraph 3 of article 9;
c) Failure to submit information subject to mandatory registration, in breach of article 18;
d) Failure to take out or maintain insurance, in breach of article 20;
e) Failure to report incidents and accidents, reporting false or incorrect information, or untimely reporting, in breach of article 21;
f) Failure to comply with supervision and monitoring obligations, in breach of article 24;
g) The submission of false or incorrect information as part of the licensing or prior qualification process, in breach of articles 7 and 9;
h) The submission of false or incorrect information for the registration of space objects, in breach of article 18;
i) The submission of false or incorrect information for the transfer of the licence, in breach of article 13;
j) Failure to submit information, or submission of false or incorrect information, for the purpose of obtaining other authorisations, under paragraph 2 of article 10;
k) Failure to update information within the scope of the prior qualification, in breach of paragraph 4 of article 7;
l) The failure to report the transfer of the space object or the submission of false or incorrect information, in breach of article 19;
m) The failure to give prior notification of space operations, in breach of paragraph 4 of article 8.
2 – The administrative offences set out in points a) to f) of the preceding paragraph shall be punishable by a fine of between EUR 1000 (one thousand euros) to EUR 3740.98 (three thousand, seven hundred and forty euros and ninety-eight cents) and of EUR 10 000 (ten thousand euros) to EUR 44 891.81 (forty-four thousand, eight hundred and ninety-one euros and eighty-one cents), depending on whether the offence is committed by a natural or legal person.
3 – The administrative offence provided for in point h) of paragraph 1 shall be punishable by a fine of between EUR 500 (five hundred euros) to EUR 1500 (one thousand five hundred euros) and EUR 5000 (five thousand euros) to EUR 25 000 (twenty-five thousand euros), depending on whether the offence is committed by a natural or legal person.
4 – The administrative offences referred to in points j), l) and m) of paragraph 1 shall be punishable by a fine of between EUR 250 (two hundred and fifty euros) to EUR 750 (seven hundred and fifty euros) and a fine of between EUR 2 500 (two thousand and five hundred euros) to EUR 15 000 (fifteen thousand euros), depending on whether the offence is committed by a natural or legal person.
5 - The administrative offences referred to in points g), i) and k) of paragraph 1 shall be punishable by:
a) A fine of between EUR 500 (five hundred euros) to EUR 1500 (one thousand five hundred euros) and EUR 5000 (five thousand euros) to EUR 25 000 (twenty-five thousand euros), depending on whether the offence is committed by a natural or legal person, where:
i) For offences under points g) and i), the false or incorrect information was decisive in the decision to grant or maintain the licence, the prior qualification or the authorisation to transfer the licence;
ii) For offences referred to in point k), the failure to update the information was decisive for maintaining the prior qualification;
b) A fine of between EUR 250 (two hundred and fifty euros) to EUR 750 (seven hundred and fifty euros) and a fine of between EUR 2 500 (two thousand and five hundred euros) to EUR 15 000 (fifteen thousand euros), depending on whether the offence is committed by a natural or legal person, where:
i) For offences under points g) and i), the false or incorrect information was not decisive in the decision to grant or maintain the licence, the prior qualification or the authorisation to transfer the licence;
ii) For the offences referred to in point k), the failure to update the information was not decisive for maintaining the prior qualification.
6 – Administrative offences set out in the preceding numbers shall be punishable by virtue of negligence and attempt, under the terms of the legal framework for administrative offences, which shall be subsidiarily applicable to all that is not regulated by this statutory instrument.
Article 26
Additional sanctions
1 – The prohibition to develop space activities in the Region for a period of between six months and two years may be imposed as an additional sanction for the commission of the administrative offence provided for in point a) of paragraph 1 of the preceding article.
2 – The suspension of the license or prohibition to develop space activities in the Region for a period of between six months and two years may be imposed as an additional sanction for the commission of the administrative offences provided for in points b), d), e), f) and g) of paragraph 1 of the preceding article, insofar as:
a) For administrative offences referred to in point e), incidents or accidents are proven to be wholly or partly attributable to the operator;
b) For the administrative offences referred to in point g), where the false or incorrect information submitted was decisive in the decision to grant a licence or prior qualification.
Article 27
Processing of administrative offences
1 – The opening of administrative offence proceedings falls within the competence of the supervisory entity referred to in article 22, with the respective services being responsible for the respective investigation.
2 – The application of fines and additional sanctions provided for in this statutory instrument falls under the competence of the supervisory entity referred to in article 22.
3 – 80% of the fines shall revert to the Region and 20% to the EA.
CHAPTER V
Economic and financial regime
Article 28
Fees and contributions
The economic and financial regime of space activities, developed under this statutory instrument, includes the collection of fees related to licensing procedures for space activities, prior qualification and registration and transfer of space objects and the space use fee (TUE), payable by launch centre operators, command and control operators and launch and/or return operators, under the following articles.
Article 29
Fees for procedures
The value of fees related to licensing procedures for space activities, prior qualification and registration and transfer of space objects is established by joint order of the members of the Regional Government with competence in matters of finance and science and technology.
Article 30
Tax base and exemptions from TUE
1 – The components of TUE, its base value and its calculation formula are determined by an Administrative Order from the members of the Regional Government with competence in the areas of finance and science and technology, without prejudice to the automatic annual update through the application of the consumer price index published by the National Institute of Statistics.
2 - Any exemptions from the TUE, in any of its components, are determined by an Administrative Order from the members of the Regional Government with competences in the areas of finance and science and technology.
Article 31
Payment
1 – The payment of the TUE is made through a single collection document, to be settled with the department of the Regional Government with competence in matters of finance.
2 – The lack of timely payment of the TUE determines the application of interest for late payments at the legal rate in force, and may constitute, when repeated, grounds for the revocation of the license.
Article 32
Allocation of revenue
The revenue resulting from the collection of fees and the TUE shall be distributed as follows:
a) 80 % to the public funds of the Autonomous Region of the Azores;
b) 20% to the Portuguese Space Agency - Portugal Space.
CHAPTER VI
Final provisions
Article 33
Regulations
The regional regulation decree referred to in articles 7, 9, 10, 18 and 19, as well as the administrative rule referred to in article 30, shall be approved within 90 days from the entry into force of this statutory instrument.
Article 34
Entry into force and effect
This decree-law shall enter into force on the day following its publication and shall become effective on the date of publication of the regional regulatory decree referred to in the previous article.
