Legal and Political Aspects of the Exploitation of the European Satellite Navigation Systems Galileo and EGNOS

The European Union (EU), together with the European Space Agency (ESA), is currently building its own satellite navigation systems – the global GALILEO and the augmentation system EGNOS. The European systems are intended to be an alternative to the American GPS and the Russian GLONASS and are, by design, systems for civilian use. At the beginning of the 21st century, European Commissioner G. Verheugen recognised space as a fundamental tool for managing the Union and one of the essential technologies for implementing other policies in Europe. Already then, among the EU's objectives was to transform it from a beneficiary to a provider of space services, especially those provided by the global satellite navigation system. Global satellite navigation systems are currently used in a variety of fields: banking operations, commercial transactions, telecommunications, electricity distribution networks, radio and television broadcasting, computer synchronisation, space exploration, dating of measurements in automatic measuring instruments (probes, tide gauges, seismometers, buoys, etc.) and others. In the future, universal access to navigation signals emitted by satellites will further contribute to an increase in the number of possible GNSS applications across many sectors. GNSS receivers will be found in everyday electronic devices, including palmtops, cameras, portable computers, and even watches. Of particular importance is the phenomenon already observed today of placing satellite navigation receivers in mobile phones and means of communication, such as cars. However, satellite navigation systems are generally associated primarily with their use in air, maritime and road transport. It should be remembered that satellite navigation, e.g., GPS and GLONASS systems, were designed and launched with security and defence in mind. Currently, these systems provide the most accurate way of determining location and directing weapon systems, distinguishing themselves by precision of orientation and maximum accuracy. Furthermore, research has shown that satellite navigation systems are resistant to natural interference, e.g., atmospheric conditions or ionospheric disturbances, as well as time of day. The space sector is, therefore, today considered one of the pillars of national security and is used both by states with enormous military potential, e.g., the USA and Russia, and by states particularly threatened by external intervention, e.g., Iran, Pakistan, South Korea. Public opinion in Poland is slowly becoming aware that the development of satellite techniques can support economic growth, contribute to the creation of new jobs, or create an opportunity for Polish enterprises to enter the space industry market outside the country. The implementation of practical applications of satellite techniques, including satellite navigation, in Poland will have significant, positive consequences, already visible today in countries that have been pursuing their own space policy for years. In the "Programme of actions for the development of space technologies and the use of satellite systems in Poland" developed by the Ministry of Economy of the Republic of Poland in 2012, the most important tasks included, among others, supporting the development of the space sector in Poland (both industry and research and development units) by 2020, increasing the participation of the space sector in Poland in space programmes and projects implemented by the EU and ESA, as well as developing and implementing new, innovative solutions based on satellite techniques in the economy and public administration. The document noted that "meeting international technical, technological and organizational requirements will therefore be one of the biggest challenges for Poland in these and coming years. To achieve this, a national programme for the development of space technologies must be created and active participation in multinational programmes must be taken…". By becoming a member of the EU and ESA, Poland accepted co-responsibility for the implementation of European space policy. Poland can boast of prestigious scientific projects, and Polish companies and scientific centres are able to deliver advanced technologies and implement multi-million contracts. The implementation of these objectives requires a thorough analysis covering the political assumptions and legal basis for the functioning of flagship space programmes implemented by the EU and ESA within the framework of European space policy. Our research project will focus on European satellite navigation systems – EGNOS and GALILEO. Problems of a legal and political nature may arise not only in connection with the launch of navigation satellites into outer space, but also as a result of improper exploitation of GNSS and numerous applications of satellite navigation. In the current situation, science has several important tasks to fulfil, including a review of applicable international, European Union and national law in terms of the extent to which it is adapted to current needs resulting from dynamically developing space techniques, including satellite navigation, and assistance in solving legal problems arising in connection with this space technique.