Article 59

Safety and coordination measures during launch and re-entry

1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases.

2. The mitigation measures referred to in paragraph 1 shall include:

(a) the implementation of the coordination requirements laid down in point 1.1, of Annex I with the competent authorities regarding air traffic services, the collision avoidance space services provider and the air traffic service providers that could be impacted.;

(b) the performance of a risk assessment - the Launch Collision Avoidance (‘LCOLA’) - in accordance with point 1.2, of Annex I, and the implementation of the launch closure window accordingly;

(c) the calculation and limitation of the casualty risk at launch and re-entry, in accordance with point 1.3, of Annex I.

3. The Commission shall, by means of implementing acts:

(a) develop the method to calculate the LCOLA, based on the probability of collision which shall be adapted depending on the object of interest size, and on whether the spacecraft is habitable or active;

(b) select, among existing methods, and develop, a new method for the calculation of the collective risk for casualties due to launch and re-entry, with due consideration for the following elements:

(i) all the phenomena leading to a risk of catastrophic damage (ascent phase, fallout from stage after separation, re-entry into the atmosphere of a deck put into orbit, recovery phase of a reusable deck);

(ii) pre-fragmentation trajectories (atmospheric or in outer space), depending on the flight times and faults considered;

(iii) the corresponding fragmentation and debris generation scenarios, at the re-entry or at the moment of neutralisation of the launch vehicle and the return to Earth of any element of the launcher;

(iv) the dispersion on the ground of the debris and the evaluation of the effects thereof;

(v) the reliability of the launch vehicle for the launch phase, including, where applicable, during the recovery phase;

(vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry;

(c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I, for the mentioned risk scenarios;

(d) set up the minimum coordination requirements between the Union launch operator, the collision avoidance space services provider, the competent authorities and traffic services providers to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise the disruption. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2).

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