Article 9

Authorisation for constellations

1. Where the Union space operator intends to carry out a space mission that entails the launch of a satellite constellation, it shall submit to the competent authority an application for a single authorisation covering the launch or, as applicable, the launch and operation, in respect to all satellites that are part of the constellation, provided that all of the following conditions are met:

(a) all satellites planned to be launched under the respective space mission are identical and perform the same tasks in the same manner;

(b) the launch of all satellites is planned to be carried out through the same launch vehicle and from the same launch site. The Union space operator shall ensure that the satellites that are part of the constellation comply with the requirements laid down in Title IV, Chapters I to V, and declare that the conditions laid down in the first subparagraph are fulfilled.

2. If, following the receipt of an application in accordance with paragraph 1, first subparagraph, the assessment of the competent authority carried out in respect to a single satellite to be launched under the respective space mission, demonstrates compliance with the requirements laid down in Title IV, Chapters I to V, the competent authority shall issue an authorisation for the entire satellite constellation (‘single authorisation’).

3. Competent authorities may, from the date of the delivery of the single authorisation carry out random inspections on any of those satellites part of the constellation which have not been subject to the ex-ante check upon which the single authorisation was based.

4. The competent authority shall withdraw the single authorisation when the results of the random inspections establish non-compliance of the satellite with the authorisation requirements.

5. Where the random inspections referred to in paragraph 3, identify aspects that conflict with the declaration referred to in paragraph 1, second subparagraph, without however amounting to non-compliance, and the assessment of the competent authority, taking into consideration the explanations provided by the Union space operator, find no major risks for the respective space mission, the competent authority may impose a penalty.

6. Competent authorities shall review authorisations for the launch of satellite constellations when launching the first batch of the new generation of satellites.

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