30 July 2009. This ESPI Report responds to the pressing question on how to proceed with establishing a legal framework for Third Party Liability in satellite navigation, which is a basis for making Galileo services globally marketable.
The goal of the study was to investigate in the perspective for the European institutions and organisations to regulate one of the most important legal aspects, the Third Party Liability (TPL), for making GNSS systems marketable on a global scale. While the positioning systems are becoming more and more important for economical activities, at the moment there is not a specific legal framework; therefore these activities are ruled now by applicable national laws. GNSS systems employ new technologies which present a certain degree of risk. This risk needs an international comprehensive legal framework to ensure an adequate and uniform compensation for persons who suffered damage caused by a system malfunctioning. This report comprises the contributions by the three most renowned experts in the field, the professors Ulrich Magnus, Sergio M. Carbone and Anna Masutti, who gave presentations at the ESPI Workshop on this topic, held at the institute on 15 May 2009 (related webnews here).
Workshop of 15 May 2009: Speakers and panellists at the workshop from left: Walter Vasselli, David Seité, Alfredo Roma, Matxalen Sánchez Aranzamendi, Giedre Valentaite, Caroline Mantl, Anna Masutti, Ulrich Magnus, Sergio Carbone, Thierry Herman and Kai-Uwe Schrogl
The conclusion of the study leads to the recommendation of an approach, which says that the TPL issue should be ruled as soon as possible with an EU Regulation, proceeding at the same time for an International Convention. The route towards a GNSS regulation for TPL goes through an EU Regulation that could settle the matter for 27 countries; while the procedure for an international convention will be started, the instrument of Framework Agreement can be utilised between EU and third countries or between ICAO Member States. Considering that EGNOS should be operational within 2009 and that in 2010 the selection of a concessionaire starts, the TPL issue should have a regulation by 2010 and not by 2013. This study had been led by ESPI Advisory Council Member Alfreado Roma, ESPI’s Director Kai-Uwe Schrogl and ESPI Project Manager Matxalen Sánchez Aranzamendi who also jointly edited the Report and prepared the recommendations based on the contributions and discussions at the workshop of 15 May 2009.