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Implementing the European Space Policy: A Coherent European Procurement Law and Policy for the Space Sector – Towards a Third Way (SP4ESP)
Start date: Aug 1, 2009, End date: Oct 31, 2010 PROJECT  FINISHED 

"The main objective of the SP4ESP project is to develop a new approach for the procurement of joint ESA/ EU space programmes. It will constitute the first ever attempt for a concentrated, creative and coherent study in this field.The one year project will elaborate a set of mandatory and facultative criteria for a new European procurement regulation. It will solve the intrinsic conflict of the respective procurement rules. EC rules based on fair competition collide with ESA rules based on the principle of geographic return. This conflict is the main obstacle to the implementation of the ESA/ EU cooperation and their European Space Policy (ESP). Its solution will not only facilitate further programme collaboration. Leading eventually to a third way, also the political cooperation will be fostered.The study is divided into three main parts. Firstly, the current regulatory state of the above mentioned procurement rules for EU and ESA financed programs will be assessed. The experience of new EU and ESA Member States in the transition to procurement rules will provide practical impetus. Secondly, the space market industry will be analysed. Together with proponent opinions of stakeholders this will provide the necessary factual background for the development of a space industry specific procurement law. Thirdly, based on the findings of the first and second part, a third way will be developed. This third way will be based on comprehensive comparisons with similar industries and should account for proponent benefits of both procurement types.At the end, a set of modules will be formulated. With these, the relevant organs will be enabled to formulate a single common approach. This approach will be specifically designed for the space industry.The pragmatic solution of the biggest legal conflict will give the ESP fresh impetus for future collaborative projects to come."
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