47 Amendments of Gheorghe FALCĂ related to 2022/0039(COD)
Amendment 106 #
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 usedpooled and shared through the GOVSATCOM Hub. 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, also in light of the scaling up of the GOVSATCOM Hub infrastructure capabilities. 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, willit may 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 109 #
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 then a rapidly evolving scenario, governmental users who are moving towards higher security solutions, low latency and global coverage. Although r to meet their new needs. Recent 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 againCommission may take the opportunity to conclude dedicated licensing agreements with those Member States providing the frequencies filings. This open and transparent process should take place for frequencies filings for the provision of governmental services based on the governmental infrastructure.
Amendment 116 #
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 upon the GOVSATCOM component of the Union Space Programme and which should alsorelated infrastructure, takeing advantage of additional national and European capacities, which exist at the time the from an infrastructure, communication capacition is being carried out and develop furtheres and service perspective, with gradual integration of the European Quantum Communication Infrastructure (EuroQCI) initiative.
Amendment 123 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to expand the Union satellite communication capacities, the Programme infrastructure should integratebe based on 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 encompassbe based on the GOVSATCOM Hubs, and other ground segment assets progressively scaled up through other ground segment assets, on the basis of users and service needs.
Amendment 132 #
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,To ensure the security and integrity of the governmental services and the competitiveness of the Union in a rapidly evolving market, it is vital that the space assets of the Programme are launched from the territory of the Member StatesUnion. Furthermore, microlaunchers are able tomay provide additional flexibility to allow for a rapid deployment of the space assets.
Amendment 136 #
Proposal for a regulation
Recital 20
Recital 20
(20) Operational requirements for the governmental services should be based on the use-case analysineeds of governmental users, while also taking into account the capabilities of current market offerings. From those operational requirements, in combination with security requirements and evolving demand of governmental services, the portfolio of governmental services should be developed. The service portfolio should establish the applicable baseline for the governmental services. The service portfolio for the governmental services should take into accountbe based on the service portfolio of the GOVSATCOM services established within the framework of Regulation (EU) 2021/696. In order to maintain the best possible match between the demand and supplied services, the service portfolio for governmental services should be regularly updated.
Amendment 139 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should prioritise the delivery of governmental services and also allow for the provision of commercial services by the private sector. Such commercial services could 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 144 #
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation lays down a financial envelope, which is to constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources22 , for the European Parliament and the Council during the annual budgetary procedure. Since the Programme is a new initiative that was not part of the Multiannual Financial Framework for 2021-2027, new financial resources should be deployed. Priority should be given to unallocated margins under the MFF ceilings or mobilized through the non-thematic MFF special instruments, in order to limit cuts to other Union programmes. _________________ 22 OJ L 433 I, 22.12.2020, p. 28.
Amendment 148 #
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. 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 and completion of the GOVSATCOM Hub which will form part ofbe necessary for 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 150 #
Proposal for a regulation
Recital 28
Recital 28
(28) Due to its inherent implications on the security of the Union and its Member States, the Programme also shares objectives and principles with the European Defence Fund established by Regulation (EU) 2021/697 of the European Parliament and of the Council28 . Therefore, part of the funding from that Programme should be provided to fund the activities under this Programme, particularly the actions related to the deployment of its governmental infrastructure. _________________ 28 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149).
Amendment 153 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) In the context of the mid-term review of the Multiannual Financial Framework 2021-2027, a solid budgetary assessment of the initiative should be carried out in order to provide adequate resources to the Programme.
Amendment 158 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) The results of the feasibility study for SMEs in the space industry “New Space Solutions for Long-term Availability of Reliable, Secure, Cost Effective Space Based Connectivity” are not yet available. The results of this study should be taken into account prior to the adoption of this legislative proposal and are crucial for the participation of SMEs in the secure connectivity initiative and its feasibility.
Amendment 159 #
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40 b) Union-wide initiatives, such as the secure connectivity initiative, are shaped by the broad participation of innovative small, medium and large enterprises from all over Europe. The innovative potential in the Union vastly lies in small and medium sized “New Space” undertakings.
Amendment 176 #
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, however a pricing policy could be developed ex ante in order to dprevelop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the marketnt distortions of the market and to apply in case of shortage of capacities. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 179 #
Proposal for a regulation
Recital 71 a (new)
Recital 71 a (new)
(71 a) The Programme complements the existing Union Space Programme, by integrating and extending its objectives and actions to create a secure and space- based connectivity system for the Union. Therefore, in the future, this Programme should be integrated in the Union Space Programme.
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘New Space industry’ means private companies,ecosystem’ means new business models where non-traditional space players, in particular small and medium- sized enterprises and start-ups that develop innovelative, market-driven space technologies and applications. Such ecosystem covers the whole space value chain, encompassing upstream, midstream and downstream segments;
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘EU classified information’ means EU classified information as defined in Article 2(25) of Regulation (EU) 2021/696;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) ‘sensitive non-classified information’ means sensitive non- classified information as defined in Article 2(26) of Regulation (EU) 2021/696.
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The general objective of the Programme is to establish a secure and autonomous space-based connectivity system for the provision of guaranteed and resilient satellite communication services, through the integration of the capacities of the GOVSATCOM component of the Union Space Programme, in particular to:
Amendment 193 #
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-effective satellite governmental communication services to 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 198 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) allow forenable the provision of commercial services by the private sector in accordance with Article 7(4)or services offered to governmental users based on commercial infrastructure at market conditions by the private sector in line with applicable Union’s competition law.
Amendment 204 #
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 accountbuilt on the exploitation of the existing and future assets and communication capacities 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 213 #
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 and new business models provided by the New Space industryecosystem; and
Amendment 230 #
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 by 2024. Those early services shall be improved through the gradual, based on the exploitation of the GOVSATCOM Hub infrastructure. Those early services shall be improved through the gradual scaling up of the GOVSATCOM Hub infrastructure. They may be further improved through the deployment of the space and ground infrastructure leading to full operational capability aimed by 2027.
Amendment 235 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. The Programme implementation, infrastructure, exploitation, services provision and maintenance shall be in line with the Union space traffic management legislation.
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The governmental infrastructure of the secure connectivity system shall includebe built upon the GOVSATCOM Hub ground segment infrastructure as set out in Article 67 of Regulation (EU) 2021/696 and include progressively all the related ground and space assets which are required for the provision of the governmental services, as set out in Article 7(1), including the following assets:
Amendment 237 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
Amendment 245 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The commercial infrastructure referred to in paragraph 1 shall include all space and ground assets other than those being part of the governmental infrastructure. The commercial infrastructure, and any related risk, shall be entirely financed by the contractor referred to in Article 15(2).
Amendment 250 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Programme shall support an innovative and competitive Union space sector and stimulate the New Space industry in the Union, and in particular the initiatives and activities listed in Article 6 of Regulation (EU) 2021/696, including, where appropriate, support of commercial services.
Amendment 253 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The Commission shall contribute to the activities referred to in paragraph 1stimulate the New Space ecosystem in the Union, by taking the following measures:
Amendment 258 #
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 onto maximise the integration of start-ups and SMEs from across the Union in the activities under the contracts referred to in Article 15;
Amendment 266 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The provision of governmental services shall be ensured as laid down in the service portfolio referred to in paragraph 3 and in accordance with the operational requirements set out in in paragraph 2services portfolio shall consist at least of the following categories of services: (a) services offered to governmental users based on the governmental infrastructure; (b) services offered to governmental users based on the commercial infrastructure; (c) quantum communication services. These categories complement the portfolio of GOVSATCOM services referred to in Article 63(3) of Regulation (EU) 2021/696.
Amendment 272 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The provision of commercial services shall be financed entirely by the contractor referred to in Article 15(2). The terms and conditions for the provision of commercial services shall be determined in the contracts referred to in Article 15. They shall in particular specify 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 mayshall 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.
Amendment 278 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
By determining this pricing policy, the Commission shall ensure that the provision of the governmental services does not distort competition, that there is no shortage of the governmental services and that the price identified will not result in an overcompensation of the beneficiarcontractor. Any revenue from the pricing policy shall be used to increase capacity of the secure connectivity system or to procure additional capacity.
Amendment 290 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The financial envelope for the implementation of the Programme for the period from 1 January 2023 to 31 December 2027 and for covering the associated risks shall be EUR 1,600 billion in current prices. This amount shall be drawn primarily from unallocated margins under the MFF 2021-2027 ceilings or mobilized through the non- thematic MFF special instruments.
Amendment 295 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Programme shall be complemented by funding implemented under the Horizon Europe Programme, the Union Space Programme and the Neighbourhood, Development and International Cooperation Instrument (NDICI) for a maximum indicative amount of EUR 0,430 billion, EUR 0,220 billion and EUR 0,150 billion respectively. This funding shall be implemented in accordance with Regulation (EU) No 2021/695, Regulation (EU) No 2021/696 and Regulation (EU) No. 2021/947 respectively, and with full respect for their objectives, criteria and implementation modalities.
Amendment 298 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. The amount referred to in paragraph 1 may not be used to cover any risk related to the commercial infrastructure.
Amendment 322 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) to promote in all Member States throughout the Union and throughout the supply chain, the widest and most open participation possible by economic operators, in particular start-ups, new entrants and SMEs, including in the case of sub-contracting by the tendererors, by requiring, where appropriate, a minimum number of operators established in different Member States;
Amendment 335 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. For contracts above EUR 10 million, the contracting authority shall ensure that at least 30 % of the value of the contract is subcontracted by competitive tendering at various levels of subcontracting to companies outside the group of the prime tenderer, particularly in order to enable the cross-border participation of SMEs.
Amendment 350 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. The Commission mayshall entrust, by means of one or more contribution agreements, the following tasks to the Agency:
Amendment 351 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) management of the operation of the governmental infrastructure of the Programme;
Amendment 355 #
Proposal for a regulation
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) provision of the governmental services, in particular through the GOVSATCOM Hub;
Amendment 359 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where activities are entrusted to the Agency, appropriate financial, human and administrative resources shall be ensured for their implementation. For this purpose, the Commission mayshall allocate part of the budget for the activities entrusted to the Agency for the funding of human resources necessary for their implementation.
Amendment 383 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) the participation and leveraging of New Space, especially start-ups and SMEs, across the Union.
Amendment 385 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The evaluation of the Programme shall take into consideration the results of the evaluation of the GOVSATCOM component of the Union Space Programme, carried out in accordance with Article 102 of Regulation (EU) 2021/696. If the Commission considers it appropriate, in view of the overall coherence of the Union space sector and in line with the Interinstitutional Agreement on Better Law-Making, the evaluation shall be accompanied by an appropriate proposal to integrate this Programme into the Union Space Programme.
Amendment 400 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 5 – introductory part
Annex I – paragraph 1 – subparagraph 5 – introductory part
Specific objective 4: Incentivise the development of innovative and disruptive technologies, in particular by leveraging the New Space industryecosystem.
Amendment 402 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 5 – subparagraph 1
Annex I – paragraph 1 – subparagraph 5 – subparagraph 1
Indicator 1: Number of start-up, SME and midcap companies participating in the development of the infrastructure and total value of the contracts allocated to them by their prime tenders