Brussels’ Orbital Triad: EU Space Act, AI Act and Cyber Resilience Act - Binding Resilience for European Satellites and Megaconstellations

3 Key Takeaways

  • The triad creates the first binding horizontal regime for orbital safety, AI autonomy and cybersecurity.
  • IRIS² sovereignty and Starlink market presence render compliance non-optional for European connectivity.
  • Romania transforms regulatory density into notified-body leadership and NewSpace conformity hubs.

As Europe’s sovereign constellation IRIS², a multi-orbital fleet of 290 satellites under the SpaceRISE concession signed in late 2024, edges toward initial deployments by 2030,1 and Starlink’s megaconstellation continues its deep penetration of the Union market (fully operational in Romania since mid-2025 following landmark EPFD tests with ANCOM and the Ministry of Defence),2 the European regulatory landscape has crystallised into a formidable triad. The Proposal for a Regulation on the Safety, Resilience and Sustainability of Space Operations (EU Space Act, COM(2025) 335 final, June 2025),3 the Artificial Intelligence Act (Regulation (EU) 2024/1689),4 and the Cyber Resilience Act (Regulation (EU) 2024/2847)5 collectively impose the world’s first horizontal regime governing orbital safety, high-risk autonomy, and lifecycle cybersecurity - binding not only Union operators but any constellation serving European users or overflying Union territory.

The Triad Interwoven: Safety, Autonomy and Lifecycle Resilience

The EU Space Act establishes unified authorisation for Union operators (Title II) and mandatory assessment/registration for third-country providers whose objects overfly the Union or provide services therein (Title III), with tailored all-hazard resilience requirements (Title IV, Chapter II) operating as lex specialis to NIS2.6 Collision-avoidance manoeuvrability, debris mitigation plans and sustainability reporting become non-derogable.

The Cyber Resilience Act overlays security-by-design on critical digital components  -  onboard processors, ground-segment software, user terminals - demanding exploited-vulnerability reporting within 24 hours, comprehensive handling protocols and minimum five-year support periods (Arts. 13–14; Annex I).7 Non-compliance invites fines up to €15 million or 2.5 % worldwide annual turnover (Art. 64).

The AI Act completes the lattice by classifying autonomous collision-avoidance and swarm-management systems in space operations as high-risk (Annex III, point 4; Arts. 6-7),8 triggering conformity assessments, transparency logs, robustness testing and human oversight - obligations that cascade extraterritorially whenever outputs affect persons in the Union (Recital 22).

European Constellations in the Crosshairs: IRIS² Sovereignty and Starlink Market Realities

IRIS², bridging GOVSATCOM interim services from 2025 toward full sovereignty by 2030, must embed triad compliance from design: high-risk AI for inter-satellite routing, CRA-secured quantum-key distribution payloads, and Space Act sustainability metrics for its multi-orbital architecture.9 Starlink, having secured Romanian endorsement for relaxed EPFD limits in April 2025 and full commercial rollout thereafter,10 confronts the triad via market-placement triggers: user terminals distributed in the Union invoke CRA lifecycle obligations, while autonomous conjunction avoidance, increasingly AI-driven amid 40 000+ satellites, falls squarely within AI Act high-risk scope.11

The “Brussels Effect” (Bradford, 2020)12 thus exports European standards globally: non-EU operators serving Union citizens must appoint EU representatives, submit to notified-body audits and align with delegated acts yet to come.

Romanian Asymmetries and Eastern Opportunity

Romania, ESA member since 2011 (Law No. 262/2011), IRIS² contributor and host to Starlink’s pioneering EPFD trials, occupies a privileged nexus. Absent dedicated national space legislation, the triad’s density risks SME strangulation, yet Bucharest’s proven collaboration with SpaceX and growing cyber-space talent pool (DNSC, ENISA partnerships) positions it ideally as notified body under CRA Article 36, conformity-assessment hub for AI Act high-risk space systems, and potential Space Traffic Management Centre of Excellence.13

Prescriptive Vectors: From Compliance Burden to Competitive Edge

Three pathways illuminate:

  • Mutual recognition agreements under the EU-U.S. Trade and Technology Council, harmonising FAA mishap data with triad reporting;
  • Digital Europe Programme-funded Romanian cyber-AI ranges simulating megaconstellation conjunctions;
  • ETSI/ECSS leadership embedding Eastern operational realities into delegated acts.

Footnotes:

  • (1) European Commission, IRIS² Concession Contract Award (Dec. 2024); SpaceRISE Consortium Press Release (2024).
  • (2) ANCOM & SpaceX EPFD Tests Conclusion (Apr. 2025); Romania Insider (30 Apr. 2025).
  • (3) European Commission, COM(2025) 335 final (25 June 2025).
  • (4) Regulation (EU) 2024/1689, 2024 O.J. (L 1689).
  • (5) Regulation (EU) 2024/2847, 2024 O.J. (L 2847).
  • (6) COM(2025) 335 final, Title III & arts. 74–95.
  • (7) Regulation (EU) 2024/2847, arts. 13–14, Annex I.
  • (8) Regulation (EU) 2024/1689, annex III pt. 4.
  • (9) European Commission, IRIS² Secure Connectivity Overview (2025).
  • (10) Prime Minister Marcel Ciolacu Statement (29 Apr. 2025).
  • (11) Starlink Availability Map & Service Updates (2025).
  • (12) Bradford, A. (2020). The Brussels Effect. Oxford University Press.
  • (13) Law No. 262/2011; Bucharest Cybersecurity Conference Outcomes (2025).
Author

Amala Mararu

Amala Mararu writes about AI, art, space and technology law, with a passion for Science, Technology, Engineering, Art and Mathematics (S.T.E.A.M.). She's led dozens of art and tech law projects, and loves making complex topics easy to understand.

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