In accordance with the provisions of article 26.2 of Law 50/1997, of November 27, of the Government, the public consultation is carried out prior to the elaboration of the draft royal decree amending Royal Decree 208/2019, of March 29, which establishes the regulatory rules for the direct granting of a loan to the company HISDESAT STRATEGIC SERVICES, S.A., for the development of the SPAINSAT-NG satellite communications program.

Royal Decree 208/2019, of March 29, established the regulatory rules for the direct granting of a loan to Hisdesat Servicios Strategic, S.A. (hereinafter, Hisdesat) for the development of the SPAINSAT NG satellite communications program. In compliance with the provisions of the aforementioned royal decree, dated July 25, 2019, the loan was granted to Hisdesat through the Order of the Minister of Industry, Trade and Tourism, having modified that order of concession on several occasions.

The SPAINSAT-NG programme culminated in 2025 with the launch of the two secure communications satellites SPAINSAT-NG I and NG II. The SPAINSAT-NG I satellite was successfully launched on January 30, 2025 and is operational at 100% of its capacities, providing services to the Ministry of Defense. However, the SPAINSAT-NG II satellite suffered an anomaly in its phase of rise to the geostationary orbit, as a result of a fortuitous and unpredictable impact with a high-energy millimetric space particle, with the consequence of irreparable damage to some critical systems of the satellite, which has meant the total loss of the mission of the SPAINSAT-NG II.

As indicated in article 5 of Royal Decree 208/2019, of March 29, in case of failure in the orbit of the satellites, the reimbursement to the Treasury by Hisdesat of the proportional part of the project is insured by the Launch Insurance Contract that Hisdesat signed with an insurance entity. To this end, this royal decree modifies the schedule of repayments of the loan corresponding to SPAINSAT NG II, once the amount corresponding to the insurance of the failed satellite SPAINSAT NG II has been entered into the Treasury.

The purpose advocated by the initiative must necessarily be addressed through a regulatory alternative, through Royal Decree since to modify a norm of regulatory rank another norm of similar or greater rank is required.

The regulation will modify the repayment schedule of the loan granted to Hisdesat, in article 5 of Royal Decree 208/2019, of 29 March, which establishes the regulatory rules for the direct granting of a loan to the company HISDESAT SERVICIOS STRATEGIC, S.A., for the development of the SPAINSAT-NG satellite communications program.

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