8 Amendments of Tarja CRONBERG related to 2011/0392(COD)
Amendment 28 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) It is of utmost importance to review Joint Action 2004/552/CFSP1 as it does not take into account the entry into force of the Lisbon Treaty and specifically the appointment of the High Representative of the Union for Foreign Affairs and Security Policy and the establishment of the European External Action Service (EEAS). Joint Action 2004/552/CFSP describes the exceptional and urgent cases of threats to the European Union or a Member State arising from the operation or use of the system, or in the event of a threat to the operation of the system, in particular as a result of an international crisis. There is an urgent need to clarify and strengthen the role of the High Representative of the Union for Foreign Affairs and Security Policy pursuant to the urgency procedure according to Articles 3 and 4 of Joint Action 2004/552/CFSP on the rules, procedures and measures to be taken in the event of a threat to the security of the European Union or a Member State, notably where PRS receivers are lost, misused or compromised. An amendment of Joint Action 2004/552/CFSP should also take into account the expertise of the EEAS in the field of early warning, situational awareness, security and defence. ____________ OJ L 246, 20.7.2004, p. 30.
Amendment 29 #
Proposal for a regulation
Recital 28
Recital 28
(28) As the programmes will be, in principle, financed by the Union, public procurement under the programmes should comply with Union rules on public contracts and should aim, first and foremost, to obtain best value for money, control costs, mitigate risks, improve efficiency and reduce reliance on a single supplier. Open access and fair competition throughout the supply chain and the balanced offering of participation opportunities to industry at all levels, including, in particular, new entrants and small and medium-sized enterprises (hereinafter ‘SMEs’), should be ensured. Possible abuse of dominance and of long- term reliance on single suppliers should be avoided. In order to mitigate programme risks, to avoid reliance on a single source of supply and to ensure better overall control of the programmes and their costs and schedules, multiple sourcing should be pursued, wherever appropriate. Union industries should be permitted to rely on non-Union sources for certain components and services where substantial advantages in terms of quality and costs are demonstrated, taking account, however, of the strategic nature of the programmes and of Union security and export control requirements. Advantage should be taken of public sector investment and industrial experience and competence, including that acquired during the definition and development and validation phases of the programmes, while ensuring that the rules on competitive tendering are not contravened.
Amendment 31 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) The services offered by Public Regulated Service (PRS) might play an important role for different weapon systems, especially concerning navigation and guidance. It is therefore important that the Commission, the Council, the European External Action Service (EEAS) and Member States act in accordance with the 1967 Outer Space Treaty and that Member States and the EEAS increase their efforts regarding the possible revision of the international legal framework or, alternatively, regarding a new treaty or code which takes into account the technological progress since the 1960s and effectively prevents an arms race in outer space. The Union should furthermore strengthen the legal framework created by the Outer Space Treaty to safeguard a peaceful and secure functioning of space infrastructure. The Union should therefore strengthen its capabilities to achieve space situational awareness together with its partners in the framework of a multilateral space surveillance system.
Amendment 32 #
Proposal for a regulation
Recital 31
Recital 31
(31) In view of the global nature of the systems, it is essential that the Union can enter into agreements with third countries and international organisations in the context of programmes under Article 218 of the Treaty on the Functioning of the European Union, in particular to ensure their smooth implementation, optimise services provided to citizens of the Union and meet the needs of third countries and international organisations. It is also useful, where necessary, to adapt existing agreements to changes in the programmes. When preparing or implemenand negotiating these agreements, the CommissionEEAS may have recourse to the assistance of the European External Action ServiceCommission, the European Space Agency and the European GNSS Agency, within the limits of the tasks allocated to them under this Regulation. . Due to the sensitive, strategic and global nature of the systems, the EEAS, when negotiating agreements with third countries, should duly take into account the rights of the European Parliament under Article 218. It should equally take into account the sensitive and strategic nature of some of the system's services such as PRS, thus ensuring full compliance with the criteria and guidelines laid down in Council common position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment1 and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items2. ____________ 1 OJ L 335, 13.12.2008, p. 99. 2 OJ L 134, 29.5.2009, p. 1.
Amendment 36 #
Proposal for a regulation
Article 15 – paragraph 1 – point a – point ii
Article 15 – paragraph 1 – point a – point ii
(ii) the operation of the Galileo security centre, in accordance with the standards and requirements referred to in Article 14 and the instructions provided under Joint Action 2004/552/CFSP referred to in Article 17, as amended;
Amendment 38 #
Proposal for a regulation
Article 17
Article 17
Joint Action Governance structures in case of exceptional situations 1. Whenever the security of the Union or its Member States may be affected by the operation of the systems, the procedures set out in Council Joint Action 2004/552/CFSP shall apply. Regulation (EU) .../... of the European Parliament and of the Council shall apply. 2. In situations where the operation of the system may affect the security of the Union or its Member States, the Council, in close coordination and cooperation with the High Representative of the Union for Foreign Affairs and Security Policy and with the EEAS, shall decide on the necessary measures to be taken. 3. The High Representative of the Union for Foreign Affairs and Security Policy shall be empowered to take the necessary measures in cases of urgency and shall ensure permanent surveillance of the operation of the system. 4. In the event of a threat to the security of the Union or of a Member State arising from the operation or use of the system, or in the event of a threat to the operation of the system, in particular as a result of an international crisis, the Council, in close coordination and cooperation with the High Representative of the Union for Foreign Affairs and Security Policy and the EEAS, acting unanimously, shall decide on the necessary instructions to the European GNSS Supervisory Authority (SA) and the concession holder of the system. Any Member of the Council, the High Representative or the Commission may request a Council discussion to agree on such instructions. 5. In exceptional cases, where the urgency of the situation is such that it requires immediate action, the High Representative is authorised to issue the necessary instructions. The High Representative shall immediately inform the Council and the Commission of any instructions issued pursuant to this paragraph. 6. The Council shall, in close coordination and cooperation with the High Representative of the Union for Foreign Affairs and Security Policy and the EEAS, specify in particular the measures to be taken in the event of a threat to the security of the European Union or a Member State, notably where PRS receivers are lost, misused or compromised; it shall also specify the necessary instructions that may be issued to the SA for all matters that could have an impact on the security of the Union or its Member States.
Amendment 41 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. The Member States shall take all necessary measures to ensure the protection of the Union's space infrastructure. In particular, Member States shall foster the legal framework in outer space and adhere to the principals of the EU Code of Conduct in Outer Space activities, including the prohibition of harmful interference with space objects, the prohibition of action that creates harmful space debris, the adherence to the UN space debris mitigation guidelines and the creation of transparency and security building measures in outer space.
Amendment 43 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
When negotiating agreements with third countries or when entering into agreements with third countries, the Union shall ensure full compliance with the criteria and guidelines laid down in Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment1 and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items2. The EU shall foster the legal framework created by the Outer Space Treaty to safeguard a peaceful and secure functioning of space infrastructure. The Union therefore shall strengthen its capabilities to achieve space situational awareness together with its partners in the framework of a multilateral space surveillance system. ____________ 1 OJ L 335, 13.12.2008, p. 99. 2 OJ L 134, 29.5.2009, p. 1.