Activities of Niklas NIENASS related to 2022/0039(COD)
Plenary speeches (1)
Union Secure Connectivity Programme 2023-2027 (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Union Secure Connectivity Programme for the period 2023-2027
Amendments (80)
Amendment 100 #
Proposal for a regulation
Point 2a (new)
Point 2a (new)
2a. Calls on the Commission to ensure that the activities foreseen to be funded before the approval of this Programme are financially secure and the resignation of activities does not lead to a reduction of the available finding for the original source programmes and activities;
Amendment 101 #
Proposal for a regulation
Point 2a (new)
Point 2a (new)
2b. Calls on the Commission to follow the established policy line of including all the space activities of the Union in one single Union Space Programme and proceed as soon as possible to a legislative review aimed at including Aemilia into the single act.
Amendment 102 #
Proposal for a regulation
Recital 1
Recital 1
Amendment 105 #
Proposal for a regulation
Recital 4
Recital 4
(4) The EU adopted the GOVSATCOM component of Regulation (EU) 2021/696 on 28 April 2021, to ensure the long-term availability of reliable, secure and cost-effective satellite communications services for GOVSATCOM users. Regulation (EU) 2021/696 envisages that in a first phase, of the GOVSATCOM component until approximately 2025, existing capacity would be used. In that context, the Commission is to procure GOVSATCOM capacities from Member States with national systems and space capacities and from commercial satellite communication or service providers, taking into account the essential security interests of the Union. In that first phase, GOVSATCOM services are to be introduced by a step-by-step approach. It is also based on the premise that if in the course of the first phase a detailed analysis of future supply and demand reveals that this approach was insufficient to cover the evolving demand, will be necessary to move to a second phase and develop additional bespoke space infrastructure or capacities through cooperation with the private sector, e.g. with Union satellite operators.
Amendment 108 #
Proposal for a regulation
Recital 5
Recital 5
(5) It is now clear that the Union’s current satellite communication assets cannot meet new needs of the governmental users who are moving towards higher security solutions, low latency and global coverage. Although rRecent technical progress has allowed non- geostationary-orbit (NGSO) communications constellations to emerge and gradually offer high-speed and low- latency connectivity services. There is a window of opportunity for addressing the evolving needs of the governmental users by developing and deploying additional infrastructure as filings for the frequencies necessary to provide the required services are currently available within the European Union. If not used, these filings will become obsolete and be attributed to other players. As frequencies are an increasingly scarce resource, the EU may not get this opportunity again.
Amendment 112 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 114 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to honour and recognise the contribution of women in science and technology, it is appropriate to follow the model of Galileo and Copernicus constellations and assign a recognisable name to the constellation established under this Regulation. To that regard, the constellation should be designated as "Aemilia".
Amendment 115 #
Proposal for a regulation
Recital 10
Recital 10
(10) Therefore, it is important to establish a new, Union Secure Connectivity Programme (‘the Programme’) to provide for the Union satellite based communication infrastructure, which should be built uponbased on the demand of governmental entities. It should complement the GOVSATCOM component of the Union Space Programme and which should also take advantage of additional national and European capacities, which exist at the time the action is being carried out and develop further the European Quantum Communication Infrastructure (EuroQCI) initiative. In the context of the Programme, the European Quantum Communication Infrastructure (EuroQCI) initiative should be developed further to obtain secure services through new technologies in the mid-term.
Amendment 117 #
(10) Therefore, it is important to establish a new, Union Secure Connectivity Programme programme for a connectivity constellation, Aemilia (‘the Programme’) to provide for the Union satellite based communication infrastructure, which should be built upon the GOVSATCOM component of the Union Space Programme and which should also take advantage of additional national and European capacities, which exist at the time the action is being carried out and develop further the European Quantum Communication Infrastructure (EuroQCI) initiative.
Amendment 119 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Programme should ensure the provision of the governmental services and allow for the provision of the commercial services through a dedicated governmental and commercialand commercial services through respective dedicated infrastructures. The Programme should therefore consist of development and validation actions for the construction of the initial space and ground infrastructure and for the launch of the initial space infrastructure. The Programme should then entail deployment activities aimed at completing both the space and ground infrastructure required for the provision of governmental services. The provision of governmental services, the operation, maintenance and continuous improvement of the infrastructure, once deployed, as well as the development of the future generations of the governmental services should be part of the exploitation activities. The exploitation activities should begin as soon as possible with the provision of the initial set of services aimed by 2024 to meet as soon as possiblebased on the evolving needs of the governmental users.
Amendment 122 #
Proposal for a regulation
Recital 13
Recital 13
(13) To optimise all available satellite communication resources, in order to guarantee access in unpredictable situations, such as natural disasters, and to ensure operational efficiency and short turn-around times, a ground segment is required. It should be designed on the basis of operational and security requirements.
Amendment 124 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to expand the Union satellite communication capacities, the Programme should be integrated with the GOVSATCOM governance structures and all infrastructure should integratebe linked to the infrastructure developed for the purposes of the of the GOVSATCOM component of the Union Space Programme. In particular, the Programme’s ground infrastructure should encompass the GOVSATCOM Hubs and other ground segment assets.
Amendment 128 #
Proposal for a regulation
Recital 15
Recital 15
(15) The services enablprovided by the Programme should connect strategic areas such as the Arctic and Africa, and contribute to geopolitical resilience by offering additional connectivity in line with policy targets in these regions and the Global Gateway strategy20 . _________________ 20 JOIN(2021) 30 final.
Amendment 129 #
Proposal for a regulation
Recital 16
Recital 16
(16) It is appropriate that the satellites built for the purposes of the Programme arcould be equipped with payloads that can allow to increase the capacity and services of the components of the Union Space Programme, enabling thereby the development of additional missions under the conditions set out in Regulation (EU) 2021/696It could. They could be developed to offer alternative positioning, navigation and timing services complementing Galileo, ensure the broadcast of EGNOS/SBAS messages with a lower latency, provide space based sensors for space surveillance and support enhancement of current Copernicus capabilities in particular for emergency and civil security services. Commercial payloads can also be carried on the Aemilia satellites.
Amendment 131 #
Proposal for a regulation
Recital 17
Recital 17
(17) It is vital for the security of the Union and its Member States and for ensuring the security and integrity of the governmental services, that, where possible, the space assets of the Programme are launched from the territory of the Member States. Furthermore, microlaunchers are ableIn duly justified cases where that is not possible launches should also be able to take place from third countries. Microlaunchers should be used in order to provide additional flexibility to allow for a rapid deployment of the space assets.
Amendment 137 #
Proposal for a regulation
Recital 21
Recital 21
(21) Satellite communications is a finite resource limited by the satellite capacity, frequency and geographical coverage. In order to be cost-effective and to capitalise on economies of scale, the Programme should optimise the match between the supply andsupply according to demand of the governmental uservices. Since the demand and the potential supply both change over time, the Commission should monitor and report the needs to adjust the portfolio for the governmental services whenever this appears necessaryevery five years to Union institutions and Member States.
Amendment 140 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should also allow for the provision of commercial services by the private sector. Such commercial services cshould in particular contribute to availability of high-speed broadband and seamless connectivity throughout Europe, removing communication dead zones and increasing cohesion across Member State territories, including rural, peripheral, remote and isolated areas and islands, and provide connectivity over geographical areas of strategic interest.
Amendment 145 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Programme objectives are coherent and complementary with those of other Union programmes, particularly Horizon Europe established by Regulation (EU) 2021/695 of the European Parliament and of the Council23 , the Digital Europe Programme established by Regulation (EU) 2021/694 of the European Parliament and of the Council24 , the Neighbourhood, Development and International Cooperation Instrument – Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council25 , the Connecting Europe Facility established by Regulation (EU) 2021/1153 of the European Parliament and of the Council26 and, in particular, the Union Space Programme established by Regulation (EU) 2021/696 of the European Parliament and of the Council27 . , which is why it needs to be included in it. _________________ 23 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 24 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1). 25 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1). 26 Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38). 27 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 147 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Horizon Europe Programme will allocate a dedicated share of its Cluster 4 components to R&I activities related to development and validation of the secure connectivity system, including for the potential technologies that would be developed under New Space, especially leveraging the impact of small- and medium-sized enterprises and start-ups. The Neighbourhood, Development and International Cooperation Instrument (NDICI) will allocate a dedicated share of its Global Europe funds for activities related to the operation of the system and the worldwide provision of services that will allow to offer an array of services to international partners. The Union Space Programme will allocate a dedicated share of its GOVSATCOM component for the activities related to the development of the GOVSATCOM Hub which will form part of the ground infrastructure of the Secure Connectivity system. The funding stemming from these programmes should be implemented in accordance with the rules of these programmes. Since those rules may differ significantly from the rules under this Regulation, the need to achieve effectively the intended policy objectives should be taken into account when deciding to finance actions from both the allocated funds from Horizon Europe and NDICI and from the Union Secure Connectivity Programme.
Amendment 152 #
Proposal for a regulation
Recital 30
Recital 30
(30) In accordance with Article 191(3) of the Financial Regulation, in no circumstances are the same costs to be financed twice by the Union budget. There should be mechanisms for ensuring this and this aspect should be included in the regular review on the implementation of the Programme.
Amendment 156 #
Proposal for a regulation
Recital 38
Recital 38
(38) A public-private partnership is the most appropriatecould be a scheme to ensure that the objectives of the Programme couldwill be pursued. It wshould permit to build upon the existing EU satellite communication technological and infrastructural base and to provide robust and innovative governmental services, while allowing thand incentivise private partners to complement the Programme infrastructureAemilia services with additional capabilities to offefor commercial services through additional own investments. Such a scheme wshould furthermore optimise deployment and operation costs by sharing development and deployment costs on components common to both governmental and commercial infrastructures, as well as operational costs by allowing a high level of capacity mutualisation. It wshould stimulate innovation in particular for New Space by enabling the sharing of Research and Development risks between public and private partners.
Amendment 157 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) With regard to the environmental impact of the Programme, it must be acknowledged that while the space based assets do not emit greenhouses gases, their manufacturing and associated ground facilities do have an environmental impact, and there are measures that can be taken to minimise and mitigate that. Beyond that, there are legitimate concerns on the protection of space environment that are being discussed (e.g. in the United Nations’ Committee on the Peaceful Uses of Outer Space (COPUOS) and Inter-Agency Space Debris Coordination Committee (IADC)) and the Union must show leadership in space activities sustainability.
Amendment 162 #
Proposal for a regulation
Recital 44
Recital 44
(44) Building on the expertise developed in the past years in management, operation and service provision related to the Galileo and EGNOS components of the Union Space Programme, the Agency is the most appropriate body to develop capacities to implement, under the supervision of the Commission, all the tasks relating to the operation of the governmental infrastructure and provision of governmental services. The Agency should therefore take steps in order to meet the requirements to be entrusted with the operation of the governmental infrastructure and the provision of governmental services.
Amendment 163 #
Proposal for a regulation
Recital 46
Recital 46
(46) ESA is an international organisation with extensive expertise in the space domain including in satellite communication and is therefore an important partner in the implementation of the different aspects of the Union’s space policy. In that regard, ESA should be able to provide technical expertise to the Commission, including for the preparation of the technical aspects of the Programme as well as the inclusion of New Space players, particularly including SMEs and start-ups. To this purpose, ESA may be entrusted with the development and validation activities of the Programme, and support the evaluation of the contracts concluded in the context of the implementation of the Programme.
Amendment 175 #
Proposal for a regulation
Recital 64
Recital 64
(64) In principle, the governmental services should be provided free of charge to users of the governmental services. If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011acquire capacities from the market.
Amendment 180 #
Proposal for a regulation
Article -1 (new)
Article -1 (new)
Article -1 Changes to the Union Space Programme Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations(EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No541/2014/EU is amended by inclusion of a new title VIII- B after the Title VIII as follows.
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Union Secure Connectivity ProgrammeAemilia (‘the Programme’). It lays down the objectives of the Programme, and the rules on the activities of the Programme, infrastructure and services of the Programme, participants of the Programme, the budget for the period 2023-2027, the forms of Union funding and the rules for providing such funding, as well as the rules for the implementation of the Programme.
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘New Space industry’ means private companies, small and medium- sized enterprises and start-ups that develop novel space technologies and applications, established after the year 2000;
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effectivereliable, resilient, satellite communication services to civilian governmental users in accordance with paragraphs 1 to 3 of Article 7, which supports protection of critical infrastructures, surveillance, external actions, crisis management and applications that are critical for the economy, environment, security and defence, thereby increasing the resilience of Member States;
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) allow for the provision of commercialensure the long-term availability of high-speed broadband services by the public or private sector in accordance with Article 7(4).
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Allow for the provision of further commercial activities by the private sector.
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) improve the resilience of the Union communication services by developing, building and operating a multi-orbital connectivity infrastructure, continuously adapted to evolution of demand for satellite communications, while taking into accountcomplementing and interlinking with the existing and future assets of the Member States used in the frame of the GOVSATCOM component of the Union Space Programme established by Regulation (EU) 2021/69643 ; _________________ 43 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) contribute to cyber resilience by proactive and reactive defence against cyber and electromagnetic threats and operational cybersecurity, and integrate the space and related ground segment of the European Quantum Communication Infrastructure to enable secure transmission of cryptographic keys;
Amendment 208 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) improve and expand thewhere possible, improve and complement the communication capabilities and services of other components of the Union Space Programme;
Amendment 212 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) incentivise the deployment of innovative and disruptive technologies, in particular by leveraging the New Space industry; andpotential of New Space actors such as SMEs and start-ups;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) allow furtherprovide accessible and affordable internet access services by development of high- speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Union.
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The provision of the governmental services referred to in Article 7(1) shall complement and interface with the Govsatcom component of the Union Space Programme and be ensured through the implementation of the following activities:
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) design, development and validation activities, comprising the construction and launch of the initial space and ground infrastructure required to provide governmental services;
Amendment 234 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The exploitation activities referred to in paragraph 1, point (d), shall begin progressively with the provision of a preliminary set of services latest by 20247. Those early services shall be improved through the gradual deployment of the space and ground infrastructure leading to full operational capability aimed by 202730.
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Amendment 239 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The Commission shall, by means of implementingdelegated acts, lay down, where necessary, measures required to determine the location of the centres belonging to the ground governmental infrastructure, except the GOVSATCOM Hubsgeographically balanced, in accordance with security requirements, following an open and transparent process. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 42(2)3 of this Regulation. The location of the GOVSATCOM Hubs shall be determined in accordance with Article 67(2) of regulation (EU) 2021/696.
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
For the protection of the security interests of the Union and its Member States the centres referred to in the first subparagraph shall be, where possible, located in the territory of the Member States and governed by a hosting agreement taking the form of an administrative agreement between the Union and the Member State concerned.
Amendment 243 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 247 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. In order to protect the security interests of the Union, the space assets of the secure connectivity system shall be launched by a launch service provider that complies with the conditions set out in Article 19 and, where possible, from the territory of the Member States. By way of derogation, in duly justified cases the launch can be executed from the territory of a third country. Microlaunchers shall be used in order to provide additional flexibility to allow for a rapid deployment of the space assets.
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Ensure the inclusion of New Space, in particular SMEs and start-ups in the use downstream market of the data created through Aemilia.
Amendment 254 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) establish criteria for the award of the contracts referred to in Article 15 ensuring the participation of start-ups and small and medium-sized enterprises (SMEs) from across the Union and along the whole relevant value chain, and enforce their participation, where applicable, based on quotas;
Amendment 256 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) require that the contractor referred to in Article 15(2) provides a plan on the integration of the New Space industry, start-ups and SMEs from across the Union in the activities under the contracts referred to in Article 15;
Amendment 260 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) require through the contracts referred to in Article 15 that start-ups and SMEs are able to deliversupport SMEs and start-ups to deliver own services to end-users and within the value chain, including own services to end-usersthe downstream market;
Amendment 262 #
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) ensure the inclusion of New Space, in particular SMEs and start-ups, in the use downstream market of the data created through Aemilia;
Amendment 267 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall adopt, by means of implementingdelegated acts, the operational requirements for governmental services, in the form of technical specifications for use- cases related in particular to crisis management, surveillance and key infrastructure management, including diplomatic communication networks. Those operational requirements shall be based on the detailed analysis of the requirements of the Programme users, shall enhance, interoperate and interconnect with existing GOVSATCOM and take into account requirements stemming from existing user equipment and networks and operational requirements for GOVSATCOM services according to Article 63(2) of the Space Programme Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
Amendment 269 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall adopt, by means of implementing acts, the service portfolio for the governmental services in the form of a list of services and their attributes, including geographicalensuring full European Union coverage, frequency, bandwidth, user equipment, and security features. Those implementing acts shall be based on the operational requirements referred to in paragraph 2 of this Article and applicable security requirements referred to in Article 27(2). These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
Amendment 270 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The provision of commercial services shall be financed by the contractor referred to in Article 15(2). TCommission shall adopt by means of delegated act the terms and conditions for the provision of commercial services. They shall be determined in the contracts referred to in Article 15. They shall in particular specifyin particular specify the demand side, a pricing policy, the types of services, the specific needs they answer to and how the Commission will assess and approve the provision of commercial services to ensure that the Union’s essential interests and the Programme’s general and specific objectives referred to in Article 3 are preserved. They shall also include adequate safeguards to prevent distortions of competition in the provision of commercial services, to avoid any conflict of interest, undue discrimination and any other hidden indirect advantages to the contractor referred to in Article 15(2). Such safeguards may include the obligation of accounting separation between the provision of governmental services and the provision of commercial services, including the setting up of a structurally and legally separate entity from the vertically integrated operator for the provision of governmental services, and the provision of open, fair and non- discriminatory access to infrastructure necessary for the provision of commercial services. Any commercial offer shall be subject to a price regulation based on the need to ensure affordable access to service. This must not exceed 5€ per month for unlimited data and a minimum speed of 100 mb/s.
Amendment 274 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall adopt, by means of implementingdelegated acts, detailed rules on the provision of governmental services taking into account Article 66 of the Space Programme Regulation and the expected demand for the different use-cases, dynamic allocation of the resources and prioritisation of the governmental services according to relevance and criticality of the users’ needs and, where appropriate, the cost-efficiency.
Amendment 276 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 280 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 288 #
Proposal for a regulation
Article 9 – paragraph 5 – point c
Article 9 – paragraph 5 – point c
(c) user equipment necessary for the use of the governmental services and associated electronic communication connections and information are used and managed in accordance with applicable security and sustainability requirements;
Amendment 289 #
Proposal for a regulation
Article 9 – paragraph 5 – point d
Article 9 – paragraph 5 – point d
(d) a central point of contact is established to assist as necessary in the reporting of security risks and threats, in particular the detection of potential collisions and potentially harmful electromagnetic interference affecting the services under the Programme.
Amendment 301 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) European Space Agency (ESA) or other international organisations in line with relevant agreements.,
Amendment 303 #
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(d a) private sector contributions.
Amendment 311 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The roles, responsibilities, financial scheme and allocation of risks between the Union and the contractor for their implementation shall be set out in contracts, which may take the form of a concession contract, aframework agreements, supply, service or works contracts or a mixed contract, taking into account the ownership regime under Article 16 and the funding of the Programme under Chapter III.
Amendment 312 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 316 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point b
Article 16 – paragraph 1 – subparagraph 2 – point b
(b) the right to prioritise the provision of the governmental services over the commercial services, according to terms and conditions to be established in the contracts referred to in Article 15 and considering the users of the governmental services referred to in Article 10(1).
Amendment 317 #
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) the acquisition of the ownership or license rights in respect of other tangible and intangible assets necessary for the implementation of the Programme, in relation to the provision of governmental services.
Amendment 318 #
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 319 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 328 #
Proposal for a regulation
Article 17 – paragraph 2 – point h
Article 17 – paragraph 2 – point h
(h) to satisfy environmental criteria, in accordance with Article 17a;
Amendment 333 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Environmental criteria (1) The Commission shall adopt delegated acts specifying the sustainability criteria to be met for the development, production, operation and end of life for the ground and space based infrastructure included in the of the constellation. The delegated acts shall be adopted in accordance with Article XX Exercise of the delegation. (2) Such delegated acts shall include provisions on measuring, minimising and mitigating at least: a) the greenhouse emissions, including offset measures where the emissions cannot be avoided; b) use of raw materials, especially the one available in limited supply or potentially harmful upon re-entry; c) visible and invisible radiation pollution that can hamper astronomical observations or any other type of research and observations; d) the use of limited resources such as radio frequency and orbits; e) the potential for debris generation, including requirements on end of life de- orbit. (3) In order to facilitate the monitoring and operation of the constellation, the European Commission shall maintain a database of space assets including at least a unique identifier, description of the asset, list of raw materials and their quantities, estimated lifetime and end of life procedures.
Amendment 336 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 343 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Eligibility and participation conditions shall apply to the award procedures carried out in the implementation of the Programme, in relation to the provision of governmental services, where necessary and appropriate to preserve the security, integrity and resilience of the operational Union systems as set out in Article 24 of Regulation (EU) 2021/696, taking into account the objective to promote the Union's strategic autonomy, in particular in terms of technology across key technologies and value chains, while preserving an open economy.
Amendment 360 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Provided that the interest of the Union is protected, ESA mayshall, within the field of its expertise, be entrusted with the following tasks:
Amendment 362 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 363 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 364 #
Proposal for a regulation
Article 31
Article 31
Amendment 365 #
Proposal for a regulation
Article 32
Article 32
Amendment 366 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 367 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Amendment 376 #
Proposal for a regulation
Article 36 – paragraph 3 – point e
Article 36 – paragraph 3 – point e
(e) be without prejudice to the obligations stemming from existing agreements entered into by the Union or the Member States, in particular with reference to the right of use of frequencies.
Amendment 387 #
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45 a Evaluation and review By 28 June 2026, and every five years thereafter, the Commission shall evaluate the impact, effectiveness and efficiency of proposal, the possible need to modify the Union space programme to fully integrate Aemilia as a pillar of the Union Space programme.
Amendment 388 #
Proposal for a regulation
Article 46 – title
Article 46 – title
46 Continuity of services after 202730
Amendment 390 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
If necessary, appropriations may be entered in the Union budget beyond 202730 to cover the expenses necessary to fulfil the objectives provided for in Article 3, to enable the management of actions not completed by the end of the Programme, as well as expenses covering critical operational activities and services provision.