195 Amendments of Kateřina KONEČNÁ related to 2018/0236(COD)
Amendment 10 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely. It is therefore essential that it maintains autonomous, reliable and cost-effective access to space, especially as regards critical infrastructure and technology, public security and the security of the Union and its Member States. The Commission should therefore have the possibility to aggregate launch services at European level, both for its own needs and, at their request, for those of other entities, including Member States, for the Programme in conformity with the provisions of Article 189(2) of the Treaty. It is also crucial that the Union continues to have modern, efficient and flexible launch infrastructure facilities. In addition to measures taken by Member States and the European Space Agency, the Commission should consider ways to support such facilities. In particular, where space ground infrastructure necessary to perform launches in line with the needs of the Programme is to be maintained or upgraded, it should be possible to partially fund such adaptations under the Programme, in line with the Financial Regulation and where a clear EU value added can be established, with the view of achieving a better cost efficiency for the Programme.
Amendment 14 #
Proposal for a regulation
Recital 5
Recital 5
(5) To strengthen the competitiveness of the Union space industry and gain capacities in designing, building and operating its own systems, the Union should support the creation, growth, and development of the entire space industry. The emergence of a business- and innovation-friendly model should be supported at European, regional and national levels by establishingespecially, but not only, through initiatives like space hubs that bring together the space, digital and user sectors. The Union should foster the expansion of Union-based space companies to help them succeed, including by supporting them in accessing risk finance in view of the lack, within the Union, of appropriate access to private equity for space start-ups and by creating innovation partnerships (first contract approach).
Amendment 15 #
Proposal for a regulation
Recital 6
Recital 6
(6) Owing to its coverage and its potential to help resolve global challenges, the space programme of the Union ('Programme') has a strong international dimension. TFor what concerns this Programme, the Commission should therefore be enabled to macoordinagte, on behalf of the Union, and coordinate activities on the international scene on behalf of the Union, in particular to defend the interests of the Unionctivities related to the Programme and it´s Member States in international fora, including in the area of frequenciesimplementation, to promote the Union's technology and industry, and to encourage cooperation in the field of training, bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties. It is particularly important that the Union be represented by the Commission in the bodies of the International Cospas-Sarsat Programme or in relevant sectoral UN bodies including the Food and Agriculture Organisation, as well as the World Meteorological Organisation.
Amendment 24 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Programme relies on complex and constantly changing technologies. The reliance on such technologies results in uncertainty and risk for public contracts concluded under this programme, insofar as those contracts involve long-term commitments to equipment or services. Specific measures concerning public contracts are therefore required in addition to the rules laid down in the Financial Regulation. It should thus be possible to award a contract in the form of a conditional stage-payment contract, introduce an amendment, under certain conditions, in the context of its performance, or impose a minimum level of subcontracting. Lastly, given the technological uncertainties that characterise the components of the Programme, contract prices and the remuneration of the entrusted entities cannot always be forecast accurately and it should therefore be possible to conclude contracts without stipulating a firm fixed price and to include clauses to safeguard the financial interests of the Union.
Amendment 26 #
Proposal for a regulation
Recital 26
Recital 26
(26) Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They can therefore make a big contribution the Programme, especially its implementation, and should be required to cooperate fully with the Union to promote the Programme’s services and applications. The Commission should be able to mobilise the means at Member States' disposal, might entrust the Member States with non-regulatory tasks in the execution of the Programme and benefit from their assistance. Moreover, to the Programme. The Member States concerned should take all necessary measures to ensure the protection of the ground stationinfrastructures established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and protected to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme15 . _________________ 15 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 28 #
Proposal for a regulation
Recital 27
Recital 27
(27) As promoter of the Union’s general interest, it falls to the Commission to implement the Programme, assume overall responsibility and promote their use. In order to optimise the resources and competences of the various stakeholders, the Commission should be able to delegate certain tasks. Moreover the Commission is the best placed to determine the main technical and operational specificationhigh-level requirements necessary to implement systems and services evolution.
Amendment 29 #
Proposal for a regulation
Recital 28
Recital 28
(28) The mission of the European Union Agency for the Space Programme ("the Agency"), which replaces and succeeds the European GNSS Agency established by Regulation (EU) No 912/2010, is to contribute to the Programme, particularly as regards security. Certain tasks linked to the security and promotion of the Programme should therefore be assigned to the Agency. In relation to security in particular, and gcommunication, user uptake, market development, exploitation, etc. Given its experience in this area, the Agency should be responsible for the security accreditation tasks for all the Union actions in the space sector. Furthermore, it should perform the tasks which the Commission confers on it by means of one or more contribution agreements covering various other specific tasks associated with the programme.
Amendment 30 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Space Agency is an international organisation with extensive expertise in the space domain and which entered into a Framework Agreement with the European Community in 2004. It is therefore an important partner in the implementation of the Programme, with which any appropriate relations should be established. In this regard, and in compliance with the Framework Agreement with the European Space Agency and with the Financial Regulation, it is important to conclude a financial framework partnership agreement with the European Space Agency that governs all financial relations between the Commission, the Agency and the European Space Agency and ensures their consistency and conform to the Framework Agreement with the European Space Agency, in particular with Article 5 thereof. However, as recalling that the European Space Agency is not a Union body and is not subject to Union law, it is essential, in order to protect the interests of the Union and its Member States, that such an agreement be conditional on the introduction of appropriate operating rules in the European Space Agency. The agreement should also contain all the clauses necessary to safeguard the Union’s financial interests.
Amendment 35 #
Proposal for a regulation
Recital 34
Recital 34
(34) The governance of the security of the Programme should be based on three key principles. Firstly, it is imperative that Member States’ extensive, unique experience in security matters be taken into consideration to the greatest possible extend. Secondly, in order to prevent conflicts of interest and any shortcomings in applying security rules, operational functions must be segregated from security accreditation functions. Thirdly, under the methodical management and control of the Agency the entity in charge of managing all or part of the components of the Programme is also the best placed to manage the security of the tasks entrusted to it. Sound security governance also requires that roles be appropriately distributed among the various players. As it is responsible for the Programme, the CommissionThe Commission and the Programme should determine the generahigh-level security requirements applicable to each of the programme’s components.
Amendment 38 #
Proposal for a regulation
Recital 39
Recital 39
(39) The aim of Galileo is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes, which can be used by a variety of public and private actors in Europe and worldwide. Galileo functions independently of other existing or potential systems, thus contributing amongst other things to the strategic autonomy of the Union. The second generation of the system should be progressively rolled out before 2030, initially with reduced operational capacity.
Amendment 40 #
Proposal for a regulation
Recital 45
Recital 45
(45) Considering the importance for Galileo and EGNOS of their ground-based infrastructure and the impact thereof on their security, the determination of the location of the infrastructure should be made by the Commission. The deployment of the ground-based infrastructure of the systems should continue to follow an open and transparent proces after transparent selection procedure and approval of its results by Member States.
Amendment 45 #
Proposal for a regulation
Recital 48
Recital 48
(48) The Copernicus Programme is based on a partnership between the Union, the European Space Agency and the Member States. Hence, it should build on existing European capacities and should complement them by new assets developed in common. In order to implement this approach, the Commission should endeavor to maintain a dialogue with the European Space Agency. Copernicus should also build on and ensure continuity with the activities and achievements under Regulation (EU) No 377/2014 of the European Parliament and of the Council17 establishing the Union Earth observation and monitoring programme (Copernicus) as well as Regulation (EU) No 911/2010 of the European Parliament and of the Council on the European Earth monitoring programme (GMES) and its initial operations18 establishing the predecessor Global Monitoring for Environment and Security (GMES) programme and the rules for implementation of its initial operations, taking into account recent trends in research, technological advances and innovations impacting the Earth observation domain, as well as developments in big data analytics and Artificial Intelligence and related strategies and initiatives at Union level19 . To the greatest extent possible, it should make use of capacities for space-borne observations of the Member States, the European Space Agency, EUMETSAT20 , as well as other entities, including commercial initiatives in Europe, thereby also contributing to the development of a viable commercial space sector in Europe. Where feasible and appropriate, it should also make use of the available in situ and ancillary data provided mainly by the Member States in accordance with Directive 2007/2/EC21 . The Commission should work together with the Member States and the European Environment Agency to ensure an efficient access and use of the in-situ data sets for Copernicus. _________________ 17 Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44). 18 Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)(OJ L 276, 20.10.2010, p. 1). 19 Communication "Artificial Intelligence for Europe" (COM(2018) 237 final) , Communication "Towards a common European data space" (COM(2018) 232 final), Proposal for a Council Regulation on establishing the European High Performance Computing Joint Undertaking (COM(2018) 8 final). 20 The European Organisation for the Exploitation of Meteorological Satellites 21 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)
Amendment 46 #
Proposal for a regulation
Recital 52
Recital 52
(52) With regard to data acquisition, the activities under Copernicus should aim at completing and maintaining the existing space and ground segment infrastructure, preparing the long- term replacement of the satellites at the end of their lifetime, as well as initiating new missions, whose feasibility is currently being studied by European Space Agency, addressing new observation systems to support meeting the challenge of global climate change (e.g. anthropogenic CO2 and other greenhouse gas emissions monitoring). Activities under Copernicus should expand their global monitoring coverage over the polar regions and support environmental compliance assurance, statutory environmental monitoring and reporting and innovative environmental applications (e.g. for crops monitoring, water management and enhanced fire monitoring). In doing so, Copernicus should leverage and take maximum advantage of the investments made under the previous funding period (2014-2020), while exploring new operational and business models to further complement the Copernicus capacities. Copernicus should also build on successful partnerships with Member States to further develop its security dimension under appropriate governance mechanisms, in order to respond to evolving user needs in the security domain.
Amendment 51 #
Proposal for a regulation
Recital 64
Recital 64
(64) The delivery of SST services should be based on a cooperation between the Union and the Member States and on the use of existing as well as future national and ESA expertise and assets, including those developed through the European Space Agency or by the Union. It should be possible to provide financial support for the development of new SST sensors. Recognising the sensitive nature of the SST, the control over national and ESA sensors and their operations, maintenance and renewal and the processing of data leading to the provision of SST services should remain with the participating Member States.
Amendment 53 #
Proposal for a regulation
Recital 70
Recital 70
(70) Extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space- based and ground-based infrastructure. A space weather function should therefore be established as part the Programme with an aim of assessing the space weather risks and corresponding user needs, raising the awareness of space weather risks, ensuring the delivery of user-driven space weather services, and improving Member Stares capabilities to produce space weather service. The Commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs, risks and technological readiness. In the long term, the needs of other sectors may be addressed. The delivery of services at Union level according to the users' needs will require targeted, coordinated and continued research and development activities to support space weather services evolution. The delivery of the space weather services should build on the existing national, ESA and Union capabilities and enable a broad participation of Member States and involvement of the private sector.
Amendment 57 #
Proposal for a regulation
Recital 82
Recital 82
(82) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers regarding operationahigh-level requirements for services provided under GOVSATCOM should be conferred on the Commission. It will give the possibility to the Commission to define technicahigh-level specifications for use- cases related to crisis management, surveillance and key infrastructure management, including diplomatic communication networks. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 58 #
Proposal for a regulation
Recital 93
Recital 93
(93) It should be confirmed that the Commission, in performing certain of its tasks of a non-regulatory nature, may after approval by the Member States have recourse, as required and insofar as necessary, to the technical assistance of certain external parties. Other entities involved in the public governance of the Programme may also make use of the same technical assistance in performing tasks entrusted to them under this Regulation.
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘space weather events’ means naturally occurring variations in the space environment between the Sun and the Earth, including solar flares, solar energetic particles, solar wind, and coronal mass ejections that can lead to solar storms (geomagnetic storms, solar radiation storms and ionospheric disturbances) potentially impacting Earth or space-based infrastructure;
Amendment 65 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) support and reinforce the competitiveness, entrepreneurship, skills and capacity to innovate of legal and natural persons from the Union active or wishing to become active in that sector, with particular regard to the position and needs of small and medium-sized enterprises and start-ups and to the common interest to build and use expertise in various regions of the Union.
Amendment 66 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Programme shall supportestablish:
Amendment 70 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Union shall be the owner of all tangible and intangible assets created or developed under the Programme's components and, funded from the EU budget. To that aim, the Commission shall take the necessary steps to ensure that relevant contracts, agreements and other arrangements relating to those activities which may result in the creation or development of such assets contain provisions ensuring such an ownership regime regarding those assets. The Union shall finance all costs resulting from the ownership of such assets, including the costs of the maintenance thereof. If non-EU budget is used for creating some assets related to the Programme, the issue of the ownership has to be defined through the agreement with the respective partner.
Amendment 71 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The services, data and information provided by the Programme's components shall be provided without any express or implied guarantee as regards their quality, accuracy, availability, reliability, speed and suitability for any purpose, unless such guarantee is required by applicable Union law for the provision of the concerned services. To that aim, the Commission shall take the necessary steps to ensure that the users of those services, data and information are informed, in an appropriate manner, of the absence of any such guarantee.
Amendment 72 #
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 2021 – 2027 shall be EUR [169,5] billion in current prices.
Amendment 73 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point b
Article 11 – paragraph 1 – subparagraph 2 – point b
(b) for Copernicus: EUR [57,8] billion;
Amendment 73 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely. It is therefore essential that it maintains autonomous, reliable and cost-effective access to space, especially as regards critical infrastructure and technology, public security and the security of the Union and its Member States. The Commission should therefore have the possibility to aggregate launch services at European level, both for its own needs and, at their request, for those of other entities, including Member States, for the Programme in conformity with the provisions of Article 189(2) of the Treaty. It is also crucial that the Union continues to have modern, efficient and flexible launch infrastructure facilities. In addition to measures taken by Member States and the European Space Agency, the Commission should consider ways to support such facilities. In particular, where space ground infrastructure necessary to perform launches in line with the needs of the Programme is to be maintained or upgraded, it should be possible to partially fund such adaptations under the Programme, in line with the Financial Regulation and where a clear EU value added can be established, with the view of achieving a better cost efficiency for the Programme.
Amendment 74 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c
Article 11 – paragraph 1 – subparagraph 2 – point c
(c) for SSA/GOVSATCOM: EUR [01,5] billion.
Amendment 75 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c a (new)
Article 11 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) for SSA: EUR [0,5] billion
Amendment 76 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Cross-cutting aActivities as foreseen by Article 3 and 6 shall be financed under the Programme's components.
Amendment 76 #
Proposal for a regulation
Recital 5
Recital 5
(5) To strengthen the competitiveness of the Union space industry and gain capacities in designing, building and operating its own systems, the Union should support the creation, growth, and development of the entire space industry. The emergence of a business- and innovation-friendly model should be supported at European, regional and national levels by establishingespecially, but not only, through initiatives like space hubs that bring together the space, digital and user sectors. The Union should foster the expansion of Union-based space companies to help them succeed, including by supporting them in accessing risk finance in view of the lack, within the Union, of appropriate access to private equity for space start-ups and by creating innovation partnerships (first contract approach).
Amendment 77 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) to avoid, abuse of dominant position and where possible, the over- reliance on a single provider, in particular for critical equipment and services, taking into account the objectives of technological independence and continuity of services;
Amendment 77 #
Proposal for a regulation
Recital 6
Recital 6
(6) Owing to its coverage and its potential to help resolve global challenges, the space programme of the Union ('Programme') has a strong international dimension. TFor what concerns this Programme, the Commission should therefore be enabled to macoordinagte, on behalf of the Union, and coordinate activities on the international scene on behalf of the Union, in particular to defend the interests of the Union and its Member States in international fora, including in the area of frequencies, to promote the Union's technology and industry, and to encourage cooperation in the field of training, bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties. It is particularly important that the Union be represented by the Commission in the bodies of the International Cospas-Sarsat Programme or in relevant sectoral UN bodies including the Food and Agriculture Organisation, as well as the World Meteorological Organisationctivities related to the Programme and its implementation, to promote the Union's technology and industry, and to encourage cooperation in the field of training, bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties.
Amendment 78 #
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(d a) to ensure fair competition conditions when the previous involvement of a company in activities associated with the subject of the call for tender: may confer significant advantages on that company in terms of privileged information and therefore may give rise to concerns as to the compliance with the principle of equal treatment; or affect normal competition conditions or the impartiality and objectivity of the award or performance of the contracts;
Amendment 79 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The contracting authority shall express the requisite share of the contract to be subcontracted in the form of a range from a minimum to a maximum percentage. The minimum share for small and medium-sized enterprises shall be 40 % of the total amount dedicated to the contracts in the Programme.
Amendment 80 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The contractor generating results in pre-commercial procurement shall own at least the attached intellectual property rights. The contracting authorities shall enjoy at least royalty-free access rights to the results for their own use and the right to grant, or require the participating contractors to grant, non-exclusive licences to third parties to exploit the results for the contracting authority under fair and reasonable conditions without any right to sub-license. If a contractor fails to commercially exploit the results within a given period after the pre-commercial procurement as identified in the contract, the contracting authorities can require it to transfer any ownership of the results to the contracting authorities.
Amendment 81 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(b a) be approved by the Member States in the committee as referred to in article 107/1.
Amendment 82 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. In addition to the provisions of [Article 165] of the Financial Regulation, the Commission and/or the Agency may carry out joint procurement procedures with the European Space Agency or other international organisations involved in implementing the components of the Programme.
Amendment 83 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) strong control of the Programme, including stricutmost adherence to cost and schedule, schedule and technical performance, while minimising residual risks, by all the entities, within their respective fields of competenceresponsibility in accordance with this Regulation;
Amendment 85 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission or, for the tasks referred to in Article 30, the Agency may entrust specific tasks to Member States or national agencies or to groups of these Member States or national agencies. The Member States shall take all the necessary measures to ensure the smooth functioning of the Programme and the promotion of their use, including by helping to protect the frequencies required for this programme. Key infrastructures of the Programme shall be in the ownership of the Union.
Amendment 86 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall have overall responsibility for the implementation of the Programme, including and the responsibility in the field of security for the components of the Programme not entrusted to the Agency pursuant to article 30. It shall, in accordance with this Regulation, determine the priorities and long-term evolution of the Programme and shall supervise its implementation, having due regard to its impact on other policies of the Union.
Amendment 87 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Commission shall manage the component of the Programme only where such management is not entrusted to another entityit will achieve the objectives of the component of the Programme more effectively than by entrusting such management to another entity. In other cases, the Commission shall delegate the management of the component of the Programme to Agency, European Space Agency or other entities, as referred to in Article 32.
Amendment 87 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Programme relies on complex and constantly changing technologies. The reliance on such technologies results in uncertainty and risk for public contracts concluded under this programme, insofar as those contracts involve long-term commitments to equipment or services. Specific measures concerning public contracts are therefore required in addition to the rules laid down in the Financial Regulation. It should thus be possible to award a contract in the form of a conditional stage-payment contract, introduce an amendment, under certain conditions, in the context of its performance, or impose a minimum level of subcontracting. Lastly, given the technological uncertainties that characterise the components of the Programme, contract prices and the remuneration of the entrusted entities cannot always be forecast accurately and it should therefore be possible to conclude contracts without stipulating a firm fixed price and to include clauses to safeguard the financial interests of the Union.
Amendment 88 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
When necessary for the smooth functioning of the Programme and the smooth provision of the services provided by the Programme's components, the Commission shall, by means of implementing acts, determine the technical and operationalhigh-level requirements, including specifications requiredurity, for the implementation of and evolution of those components and of the services they provide after having consulted users and all the other relevant stakeholders. When determining those technical and operational specificationhigh-level requirements, the Commission shall avoid reducing the general security level and to meet a backward compatibility imperative.
Amendment 89 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission shall promote and ensure the uptake and use of the data and services provided by the Programme's components in the public and private sectors, including by supporting appropriate development of those services and by fostering a stable long-term environment. It shall develop synergies between the applications of the various components of the Programme. It shall ensure complementarity, consistency, synergies and links between the Programme and other Union actions and programmes.
Amendment 89 #
Proposal for a regulation
Recital 26
Recital 26
(26) Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They can therefore make a big contribution the Programme, especially its implementation, and should be required to cooperate fully with the Union to promote the Programme’s services and applications. The Commission should be able to mobilise the means at Member States' disposal, might entrust the Member States with non-regulatory tasks in the execution of the Programme and benefit from their assistance. Moreover, to the Programme. The Member States concerned should take all necessary measures to ensure the protection of the ground stationinfrastructures established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and protected to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme15 . _________________ 15 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 90 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where appropriate, itworking with the Agency, the Commission shall ensdeavoure the coordination of the Programme with activities carried out in the space sector at Union, national and international level. It shall encourage cooperation between the Member States and promote convergence of their technological capacities and developments in the space domainpartners.
Amendment 91 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) performmethodically manage and control the performance of the tasks referred to in Article 34 (2) and (3);
Amendment 92 #
Proposal for a regulation
Article 30 – paragraph 1 – point b a (new)
Article 30 – paragraph 1 – point b a (new)
(b a) manage the exploitation of EGNOS and Galileo, as referred to in Article 43, and GOVSATCOM;
Amendment 92 #
Proposal for a regulation
Recital 27
Recital 27
(27) As promoter of the Union’s general interest, it falls to the Commission to implement the Programme, assume overall responsibility and promote their use. In order to optimise the resources and competences of the various stakeholders, the Commission should be able to delegate certain tasks. Moreover the Commission is the best placed to determine the main technical and operational specificationhigh-level requirements necessary to implement systems and services evolution.
Amendment 93 #
Proposal for a regulation
Article 30 – paragraph 1 – point b b (new)
Article 30 – paragraph 1 – point b b (new)
(b b) execute operation of EGNOS and Galileo;
Amendment 93 #
Proposal for a regulation
Recital 28
Recital 28
(28) The mission of the European Union Agency for the Space Programme ("the Agency"), which replaces and succeeds the European GNSS Agency established by Regulation (EU) No 912/2010, is to contribute to the Programme, particularly as regards security. Certain tasks linked to the security and promotion of the Programme should therefore be assigned to the Agency. In relation to security in particular, and g, communication, user uptake, market development, exploitation, etc. Given its experience in thisese areas, the Agency should be responsible for the security accreditation tasks for all the Union actions in the space sector. Furthermore, it should perform the tasks which the Commission confers on it by means of one or more contribution agreements covering various other specific tasks associated with the programme.
Amendment 94 #
Proposal for a regulation
Article 30 – paragraph 1 – point b c (new)
Article 30 – paragraph 1 – point b c (new)
(b c) overarchingly coordinate user- related aspects of GOVSATCOM in close collaboration with relevant Union agencies and EEAS for crisis management missions and operations;
Amendment 95 #
Proposal for a regulation
Article 30 – paragraph 1 – point b d (new)
Article 30 – paragraph 1 – point b d (new)
(b d) implement activities relating to the development of downstream applications and services based on the components of the Programme;
Amendment 95 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Space Agency is an international organisation with extensive expertise in the space domain and which entered into a Framework Agreement with the European Community in 2004. It is therefore an important partner in the implementation of the Programme, with which any appropriate relations should be established. In this regard, and in compliance with the Framework Agreement with the European Space Agency and with the Financial Regulation, it is important to conclude a financial framework partnership agreement with the European Space Agency that governs all financial relations between the Commission, the Agency and the European Space Agency and ensures their consistency and conform to the Framework Agreement with the European Space Agency, in particular with Article 5 thereof. However, as recalling that the European Space Agency is not a Union body and is not subject to Union law, it is essential, in order to protect the interests of the Union and its Member States, that such an agreement be conditional on the introduction of appropriate operating rules in the European Space Agency. The agreement should also contain all the clauses necessary to safeguard the Union’s financial interests.
Amendment 96 #
Proposal for a regulation
Article 30 – paragraph 1 – point b e (new)
Article 30 – paragraph 1 – point b e (new)
(b e) define and recommend to the Commission the priorities of space domain of Horizon Europe and manages all space R&D activities financed by Horizon Europe.
Amendment 97 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) undertake communication and promotion activities, and activities relating to the commercialisation of the services offered by Galileo and EGNOSthe Programme;
Amendment 98 #
Proposal for a regulation
Article 30 – paragraph 1 – point c a (new)
Article 30 – paragraph 1 – point c a (new)
(c a) perform the tasks assigned to it under Decision No1104/2011/EU;
Amendment 98 #
Proposal for a regulation
Recital 34
Recital 34
(34) The governance of the security of the Programme should be based on three key principles. Firstly, it is imperative that Member States’ extensive, unique experience in security matters be taken into consideration to the greatest possible extend. Secondly, in order to prevent conflicts of interest and any shortcomings in applying security rules, operational functions must be segregated from security accreditation functions. Thirdly, under the methodical management and control of the Agency the entity in charge of managing all or part of the components of the Programme is also the best placed to manage the security of the tasks entrusted to it. Sound security governance also requires that roles be appropriately distributed among the various players. As it is responsible for the Programme, the CommissionThe Commission and the Programme should determine the generahigh-level security requirements applicable to each of the programme’s components.
Amendment 99 #
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) provide technical expertise to the Commission and supply any information necessary for the performance of its tasks under this Regulation.
Amendment 100 #
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(d a) promote and ensure the uptake and use of the data and services provided by the Programme's components in the public and private sectors, including by supporting appropriate development of those services and by fostering a stable long-term environment. It shall develop synergies between the applications of the various components of the Programme;
Amendment 101 #
Proposal for a regulation
Article 30 – paragraph 1 – point d b (new)
Article 30 – paragraph 1 – point d b (new)
(d b) ensure the security accreditation of all the components of the Programme in accordance with Chapter II of this Title and the competences of the Member States;
Amendment 102 #
Proposal for a regulation
Article 30 – paragraph 1 – point d c (new)
Article 30 – paragraph 1 – point d c (new)
(d c) ensure the operation of the Galileo Security Monitoring Centre in accordance with the requirements referred to in paragraph 2 of the article 34 and the instructions developed under the scope of Decision2014/496/CFSP;
Amendment 102 #
Proposal for a regulation
Recital 39
Recital 39
(39) The aim of Galileo is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes, which can be used by a variety of public and private actors in Europe and worldwide. Galileo functions independently of other existing or potential systems, thus contributing amongst other things to the strategic autonomy of the Union. The second generation of the system should be progressively rolled out before 2030, initially with reduced operational capacity.
Amendment 103 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 104 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) as regards Copernicus: development, design and construction of the Copernicus space infrastructure, including the operations of that infrastructuresegment, including the operations of the relevant parts of the Copernicus space and ground infrastructure and provision and operation of the backbone data dissemination network;
Amendment 104 #
Proposal for a regulation
Recital 45
Recital 45
(45) Considering the importance for Galileo and EGNOS of their ground-based infrastructure and the impact thereof on their security, the determination of the location of the infrastructure should be made by the Commission. The deployment of the ground-based infrastructure of the systems should continue to follow an open and transparent proces after transparent selection procedure and approval of its results by Member States.
Amendment 105 #
Proposal for a regulation
Article 31 – paragraph 1 – point c a (new)
Article 31 – paragraph 1 – point c a (new)
(c a) definition of the overall system architecture of SSA, development of SSA elements;
Amendment 106 #
Proposal for a regulation
Article 31 – paragraph 1 – point c b (new)
Article 31 – paragraph 1 – point c b (new)
(c b) as regards GOVSATCOM coordination and development of the overall system design;
Amendment 107 #
Proposal for a regulation
Article 31 – paragraph 1 – point c c (new)
Article 31 – paragraph 1 – point c c (new)
(c c) encouraging cooperation between the Member States and promoting convergence of their technological capacities and developments in the space domain;
Amendment 108 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 1 a (new)
Article 31 – paragraph 2 – indent 1 a (new)
- clearly define the instruments of coordination and control amongst the Commission, the Agency and the European Space Agency on the implementation of the Programme components;
Amendment 109 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 3
Article 31 – paragraph 2 – indent 3
– stipulate the conditions of the management of funds entrusted to the European Space Agency, particularly with regard to public procurementincluding application of the Union public procurement when it is done in the name and on behalf of the Commission or the Agency, management procedures, the expected results measured by performance indicators, applicable measures in the event of deficient or fraudulent implementation of the contracts in terms of costs, schedule and results, as well as the communication strategy and the rules regarding ownership of all tangible and intangible assets; these conditions shall be in conformity with Titles III and V of this regulation and the Financial Regulation;
Amendment 109 #
Proposal for a regulation
Recital 48
Recital 48
(48) The Copernicus Programme is based on a partnership between the Union, the European Space Agency and the Member States. Hence, it should build on existing European capacities and should complement them by new assets developed in common. In order to implement this approach, the Commission should endeavour to maintain a dialogue with the European Space Agency. Copernicus should also build on and ensure continuity with the activities and achievements under Regulation (EU) No 377/2014 of the European Parliament and of the Council17 establishing the Union Earth observation and monitoring programme (Copernicus) as well as Regulation (EU) No 911/2010 of the European Parliament and of the Council on the European Earth monitoring programme (GMES) and its initial operations18 establishing the predecessor Global Monitoring for Environment and Security (GMES) programme and the rules for implementation of its initial operations, taking into account recent trends in research, technological advances and innovations impacting the Earth observation domain, as well as developments in big data analytics and Artificial Intelligence and related strategies and initiatives at Union level19 . To the greatest extent possible, it should make use of capacities for space-borne observations of the Member States, the European Space Agency, EUMETSAT20 , as well as other entities, including commercial initiatives in Europe, thereby also contributing to the development of a viable commercial space sector in Europe. Where feasible and appropriate, it should also make use of the available in situ and ancillary data provided mainly by the Member States in accordance with Directive 2007/2/EC21 . The Commission should work together with the Member States and the European Environment Agency to ensure an efficient access and use of the in-situ data sets for Copernicus. _________________ 17 Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44). 18 Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)(OJ L 276, 20.10.2010, p. 1). 19 Communication "Artificial Intelligence for Europe" (COM(2018) 237 final) , Communication "Towards a common European data space" (COM(2018) 232 final), Proposal for a Council Regulation on establishing the European High Performance Computing Joint Undertaking (COM(2018) 8 final). 20 The European Organisation for the Exploitation of Meteorological Satellites 21 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)
Amendment 110 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 3 a (new)
Article 31 – paragraph 2 – indent 3 a (new)
- call for the application of the existing security agreements made between the Union, its institutions and agencies, with the European Space Agency, in particular with regard to the processing of classified information;
Amendment 111 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 4 a (new)
Article 31 – paragraph 2 – indent 4 a (new)
- establish the joint procurement board under the chairmanship of the Agency consisting of the Agency, the Commission and the European Space Agency representatives whose aim is to decide on procurements over 4 mil. EUR implemented by the European Space Agency;
Amendment 111 #
Proposal for a regulation
Recital 52
Recital 52
(52) With regard to data acquisition, the activities under Copernicus should aim at completing and maintaining the existing space and ground segment infrastructure, preparing the long- term replacement of the satellites at the end of their lifetime, as well as initiating new missions, whose feasibility is currently being studied by European Space Agency, addressing new observation systems to support meeting the challenge of global climate change (e.g. anthropogenic CO2 and other greenhouse gas emissions monitoring). Activities under Copernicus should expand their global monitoring coverage over the polar regions and support environmental compliance assurance, statutory environmental monitoring and reporting and innovative environmental applications (e.g. for crops monitoring, water management and enhanced fire monitoring). In doing so, Copernicus should leverage and take maximum advantage of the investments made under the previous funding period (2014-2020), while exploring new operational and business models to further complement the Copernicus capacities. Copernicus should also build on successful partnerships with Member States to further develop its security dimension under appropriate governance mechanisms, in order to respond to evolving user needs in the security domain.
Amendment 112 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 5 a (new)
Article 31 – paragraph 2 – indent 5 a (new)
- recognise and respect the specific character of the relation between the Union and the Agency as established in the provisions of the Framework Agreement between the Union and the European Space Agency of 29April 2004;
Amendment 113 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 5 b (new)
Article 31 – paragraph 2 – indent 5 b (new)
- allow ESA to make adjustments within the agreement overall financial envelope consisting of ESA´s remuneration and industrial costs in the light of technical uncertainties that characterise the Programme.
Amendment 114 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 115 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Without prejudice to the financial framework partnership agreement referred to in paragraph 4, the Commission or the Agency may ask the European Space Agency to provide technical expertise and the information necessary to perform the tasks which are assigned to them by this Regulation. The conditions for such requests and their implementationshall be mutually agreed and they should by no means bear adverse consequences on the European Space Agency´s own activities and existing obligations.
Amendment 115 #
Proposal for a regulation
Recital 64
Recital 64
(64) The delivery of SST services should be based on a cooperation between the Union and the Member States and on the use of existing as well as future national and ESA expertise and assets, including those developed through the European Space Agency or by the Union. It should be possible to provide financial support for the development of new SST sensors. Recognising the sensitive nature of the SST, the control over national and ESA sensors and their operations, maintenance and renewal and the processing of data leading to the provision of SST services should remain with the participating Member States.
Amendment 116 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
The Commission, in its and the Agency, in their field of competence, shall ensure a high degree of security with regard to, in particular:
Amendment 117 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
To that end, the Commission shall ensure that a risk and threat analysis is performed for each Programme's component. Based on that risk and threat analysis, it shall determine, by means of implementing acts,and the Agency shall ensure, in consultation with end users in Member States and the relevant entities managing the implementation of a component of the Programme, that a risk and threat analysis is performed for each Programme's component. Based on that risk and threat analysis, the Commission and the Agency shall establish, in consultation with end users in Member States and the relevant entities managing the implementation of a component of the Programme for each such component of the Programme, the generahigh-level security requirements. In doing so, the Commission and the Agency shall take account of the impact of those requirements on the smooth functioning of that component, in particular in terms of cost, risk management and schedule, and shall ensure not to reduce the general level of security or undermine the functioning of the existing equipment based on that component. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3).
Amendment 117 #
Proposal for a regulation
Recital 70
Recital 70
(70) Extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space-based and ground-based infrastructure. A space weather function should therefore be established as part the Programme with an aim of assessing the space weather risks and corresponding user needs, raising the awareness of space weather risks, ensuring the delivery of user-driven space weather services, and improving Member Stares capabilities to produce space weather service. The Commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs, risks and technological readiness. In the long term, the needs of other sectors may be addressed. The delivery of services at Union level according to the users' needs will require targeted, coordinated and continued research and development activities to support space weather services evolution. The delivery of the space weather services should build on the existing national, ESA and Union capabilities and enable a broad participation of Member States and involvement of the private sector.
Amendment 118 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The entity responsible for the management of a component of the Programme shall be responsible for managing the security of that component and shall, to that end, carry out risk and threat analysis and all the necessary activities to ensure and monitor the security of that component, in particular setting of technical specifications and operational procedures, and monitor their compliance with the generahigh-level security requirements referred to in paragraph 1.
Amendment 119 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The entities involved in the Programme shall take all the measures necessarsecurity measures identified in the risk analysis and determined by tohe ensure the securitytity responsible for the component of the Programme.
Amendment 120 #
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) the management, maintenance, continuous improvement, evolution and protection of the ground-based infrastructure, in particular networks, sites and support facilities, including upgrades and obsolescence management and the development and evolution of fundamental technological elements of EGNSS, such as Galileo-enabled chipsets and receivers;
Amendment 121 #
Proposal for a regulation
Article 43 – paragraph 1 – point h a (new)
Article 43 – paragraph 1 – point h a (new)
(h a) management of EU R&D funds, such as Horizon Europe, in support of EGNSS;
Amendment 122 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
The geographical coverage of EGNOS may be extended to other regions of the world, in particular to the territories of candidate countries, of third countries associated with the Single European Sky and of third countries in the European Neighbourhood Policy, subject to technical feasibility, assessment of potential security threads to the system and security accreditation and, for the SoL service, on the basis of international agreements.
Amendment 122 #
Proposal for a regulation
Recital 82
Recital 82
(82) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers regarding operationahigh-level requirements for services provided under GOVSATCOM should be conferred on the Commission. It will give the possibility to the Commission to define technicahigh-level specifications for use- cases related to crisis management, surveillance and key infrastructure management, including diplomatic communication networks. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 123 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Compatibility and, interoperability and standardization
Amendment 124 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Galileo and EGNOS, and the services which they provide, shall be compatible and interoperable with other satellite navigation systems and with conventional means of radio navigation, where the necessary compatibility and interoperability requirements are laid down in international agreements. Galileo and EGNOS shall be compliant to international standards and certifications; certification systems for transportation sectors such as railway (automated trains), road (autonomous cars) and air (unmanned aerial vehicles), should be elaborated at European level by relevant authorities.
Amendment 125 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Copernicus shall be implemented building on prior Union investments and, where appropriate, drawing on ESA investments. Copernicus may be beneficial from the national or regional capacities of Member States an. Copernicus should takinges into account the capacities of commercial suppliers of comparable data and information and the need to foster competition and market development.
Amendment 126 #
Proposal for a regulation
Recital 93
Recital 93
(93) It should be confirmed that the Commission, in performing certain of its tasks of a non-regulatory nature, may after approval by the Member States have recourse, as required and insofar as necessary, to the technical assistance of certain external parties. Other entities involved in the public governance of the Programme may also make use of the same technical assistance in performing tasks entrusted to them under this Regulation.
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘space weather events’ means naturally occurring variations in the space environment between the Sun and the Earth, including solar flares, solar energetic particles, solar wind, and coronal mass ejections that can lead to solar storms (geomagnetic storms, solar radiation storms and ionospheric disturbances) potentially impacting Earth or space-based infrastructure;
Amendment 133 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Participation of Member States and international organisation
Amendment 134 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – introductory part
Article 56 – paragraph 1 – subparagraph 1 – introductory part
Member States or international organisations wishing to participate in the delivery of SST services referred to in Article 54 shall submit a joint proposal or a proposal to the Commission demonstrating compliance with the following criteria:
Amendment 135 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The Commission may coordinate the actions of the Union and national public authorities concerned with civil protection in the event a NEO is found to be approaching Earth, with the involvement of the appropriate United Nations’ bodies.
Amendment 136 #
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
(a) the development, construction, and operations of the ground segment and space segment infrastructure;
Amendment 137 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the operational requirements for services provided under GOVSATCOM, in the form of technical specifications for use- cases related 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 users, and taking into account requirements stemming from existing user equipment and networks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). Other use cases may be added at any time, based on actual user demand coming from the Member States followed by corresponding technical specifications.
Amendment 138 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the detailed rules on the sharing and prioritisation of capacities, services, and user equipmentvices, taking into account expected demand for the different use-cases and the analysis of security risks for those use-cases. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3).
Amendment 139 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
The CommissionAgency shall monitor the evolution of supply and demand for GOVSATCOM capacities and services continuously, taking into account new risks and threats, as well aswhile considering new technology developments being continuously monitored by ESA, in order to optimise the balance between that supply and demand for GOVSATCOM services.
Amendment 140 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Before the end of 2024, the Commission shall evaluate the implementation of the GOVSATCOM component, notably as regards the evolution of the user needs in relation to the satellite communication capacity. The evaluation shall in particular examine the need for additional space infrastructure. The evaluation shall be accompanied, if necessary, by an appropriate proposal for the development of additional space infrastructure under the GOVSATCOM component, while taking advantage of ESA’s know-how.
Amendment 141 #
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3 a. The Agency is the legal successor of the European GNSS Agency.
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) support and reinforce the competitiveness, entrepreneurship, skills and capacity to innovate of legal and natural persons from the Union active or wishing to become active in that sector, with particular regard to the position and needs of small and medium-sized enterprises and start-ups and to the common interest to build and use expertise in various regions of the Union.
Amendment 142 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Administrative Board shall hold an ordinary meeting twicefour times a year. In addition, it shall meet on the initiative of its Chairperson or at the request of at least one third of its members.
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 143 #
Proposal for a regulation
Article 75 – paragraph 5
Article 75 – paragraph 5
5. [For any component of the Programme which entails the use of sensitive national infrastructure, only the representatives of all Member States which possess such infrastructure and the representative of the Commission may attend the meetings and deliberations of the Administrative Board and take part in voting. Where the Chairperson of the Administrative Board does not represent one of th, but only those Member States which possess such infrastructure, he/she shall be replaced by the repre take part in voting. Appropriate measures corresponding to the sentasitivesity of a Member States which possesses such infrastructurethe meeting agenda should be applied.]
Amendment 145 #
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. If this relocation of the staff is longer than 6 months, the prior approval of the Administrative Board is needed. Before deciding to establish a local officinfrastructure the Executive Directive shall obtain the prior approval of the Commission, the Administrative Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. A headquarters agreement with the Member State(s) concerned may be required.
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The Programme shall supportestablish:
Amendment 146 #
Proposal for a regulation
Article 88 – paragraph 3 a (new)
Article 88 – paragraph 3 a (new)
3 a. With effect [from the entry into force of this Regulation] the correction coefficient according to Article 64 of the Staff Regulations applicable to the remuneration of officials and other servants employed by the Agency shall not be less than 90.
Amendment 147 #
Proposal for a regulation
Article 88 – paragraph 3 b (new)
Article 88 – paragraph 3 b (new)
3 b. The Agency Staff shall be remunerated through the Agency own resources and through the use of budget delegated by Commission, for the discharge of the Agency’s delegated tasks, when required.
Amendment 148 #
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
1. Necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Administrative Board, Agency staff and members of their families shall be laid down in a Headquartersosting Agreement between the Agency and Member State where the seat or local infrastructure of the Agency is located, concluded after obtaining the approval of the Administrative Board.
Amendment 151 #
Proposal for a regulation
Article 102 – paragraph 6 – subparagraph 1
Article 102 – paragraph 6 – subparagraph 1
By 30 June 2024, and every five years thereafter, the Commission shall assess the Agency’s performance, in relation to its objectives, mandate, tasks and locationinfluence of number of locations on the performance of the Agency, in accordance with Commission guidelines. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. It shall also address the Agency’s policy on conflicts of interest and the independence and autonomy of the Security Accreditation Board.
Amendment 152 #
Proposal for a regulation
Article 105 – paragraph 2
Article 105 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 52 and 101 shall be conferred on the Commission for an indeterminate period until 31 December 20287.
Amendment 153 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
1. The Commission shall be assisted by a committee which meets in specific configurations focused on the respective components of the Programme. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 154 #
Proposal for a regulation
Article 110 – paragraph 3 a (new)
Article 110 – paragraph 3 a (new)
3 a. The Commission in cooperation with the Agency elaborates transitional plan to ensure the appropriate funding and staffing of the Agency in order to be able the Agency to perform tasks referred to in this Regulation. The Commission shall define meassures to ensure that the tasks to which the Agency does not have approriate funding and staffing at the moment are sufficiently performed during the transitional period which shall be no longer than 2 years after the Regulation is applied.
Amendment 156 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Union shall be the owner of all tangible and intangible assets created or developed under the Programme's components and, funded from the EU budget. To that aim, the Commission shall take the necessary steps to ensure that relevant contracts, agreements and other arrangements relating to those activities which may result in the creation or development of such assets contain provisions ensuring such an ownership regime regarding those assets. The Union shall finance all costs resulting from the ownership of such assets, including the costs of the maintenance thereof. If non- EU budget is used for creating some assets related to the Programme, the issue of the ownership has to be defined through the agreement with the respective partner.
Amendment 157 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 158 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The services, data and information provided by the Programme's components shall be provided without any express or implied guarantee as regards their quality, accuracy, availability, reliability, speed and suitability for any purpose, unless such guarantee is required by applicable Union law for the provision of the concerned services. To that aim, the Commission shall take the necessary steps to ensure that the users of those services, data and information are informed, in an appropriate manner, of the absence of any such guarantee.
Amendment 160 #
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 2021 – 2027 shall be EUR [169,5] billion in current prices.
Amendment 170 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point b
Article 11 – paragraph 1 – subparagraph 2 – point b
(b) for Copernicus: EUR [57,8] billion;
Amendment 177 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c
Article 11 – paragraph 1 – subparagraph 2 – point c
(c) for SSA/GOVSATCOM: EUR [01,5] billion.
Amendment 179 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point c a (new)
Article 11 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) for SSA: EUR [0,5] billion
Amendment 180 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Cross-cutting aActivities as foreseen by Article 3 and 6 shall be financed under the Programme's components.
Amendment 182 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) to avoid, abuse of dominant position and where possible, the over- reliance on a single provider, in particular for critical equipment and services, taking into account the objectives of technological independence and continuity of services;
Amendment 186 #
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) to ensure fair competition conditions when the previous involvement of a company in activities associated with the subject of the call for tender: may confer significant advantages on that company in terms of privileged information and therefore may give rise to concerns as to the compliance with the principle of equal treatment; or affect normal competition conditions or the impartiality and objectivity of the award or performance of the contracts;
Amendment 192 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The contracting authority shall express the requisite share of the contract to be subcontracted in the form of a range from a minimum to a maximum percentage. The minimum share for small and medium-sized enterprises shall be 40 % of the total amount dedicated to the contracts in the Programme.
Amendment 195 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The contractor generating results in pre-commercial procurement shall own at least the attached intellectual property rights. The contracting authorities shall enjoy at least royalty-free access rights to the results for their own use and the right to grant, or require the participating contractors to grant, non-exclusive licences to third parties to exploit the results for the contracting authority under fair and reasonable conditions without any right to sub-license. If a contractor fails to commercially exploit the results within a given period after the pre-commercial procurement as identified in the contract, the contracting authorities can require it to transfer any ownership of the results to the contracting authorities.
Amendment 196 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) be approved by the Member States in the committee as referred to in article 107/1.
Amendment 197 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. In addition to the provisions of [Article 165] of the Financial Regulation, the Commission and/or the Agency may carry out joint procurement procedures with the European Space Agency or other international organisations involved in implementing the components of the Programme.
Amendment 200 #
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) strong control of the Programme, including stricutmost adherence to cost and schedule, schedule and technical performance, while minimising residual risks, by all the entities, within their respective fields of competenceresponsibility in accordance with this Regulation;
Amendment 203 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission or, for the tasks referred to in Article 30, the Agency may entrust specific tasks to Member States or national agencies or to groups of these Member States or national agencies. The Member States shall take all the necessary measures to ensure the smooth functioning of the Programme and the promotion of their use, including by helping to protect the frequencies required for this programme. Key infrastructures of the Programme shall be in the ownership of the Union.
Amendment 205 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall have overall responsibility for the implementation of the Programme, including and the responsibility in the field of security for the components of the Programme not entrusted to the Agency pursuant to Article 30. It shall, in accordance with this Regulation, determine the priorities and long-term evolution of the Programme and shall supervise its implementation, having due regard to its impact on other policies of the Union.
Amendment 207 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Commission shall manage the component of the Programme only where such management is not entrusted to another entityit will achieve the objectives of the component of the Programme more effectively than by entrusting such management to another entity. In other cases, the Commission shall delegate the management of the component of the Programme to Agency, European Space Agency or other entities, as referred to in Article 32.
Amendment 209 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
When necessary for the smooth functioning of the Programme and the smooth provision of the services provided by the Programme's components, the Commission shall, by means of implementing acts, determine the technical and operationalhigh-level requirements, including specifications requiredurity, for the implementation of and evolution of those components and of the services they provide after having consulted users and all the other relevant stakeholders. When determining those technical and operational specificationhigh-level requirements, the Commission shall avoid reducing the general security level and to meet a backward compatibility imperative.
Amendment 211 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission shall promote and ensure the uptake and use of the data and services provided by the Programme's components in the public and private sectors, including by supporting appropriate development of those services and by fostering a stable long-term environment. It shall develop synergies between the applications of the various components of the Programme. It shall ensure complementarity, consistency, synergies and links between the Programme and other Union actions and programmes.
Amendment 216 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where appropriate, itworking with the Agency, the Commission shall ensdeavoure the coordination of the Programme with activities carried out in the space sector at Union, national and international level. It shall encourage cooperation between the Member States and promote convergence of their technological capacities and developments in the space domainpartners.
Amendment 218 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) performmethodically manage and control the performance of the tasks referred to in Article 34 (2) and (3);
Amendment 219 #
(ba) manage the exploitation of EGNOS and Galileo, as referred to in Article 43, and GOVSATCOM;
Amendment 220 #
Proposal for a regulation
Article 30 – paragraph 1 – point b b (new)
Article 30 – paragraph 1 – point b b (new)
(bb) execute operation of EGNOS and Galileo;
Amendment 221 #
Proposal for a regulation
Article 30 – paragraph 1 – point b c (new)
Article 30 – paragraph 1 – point b c (new)
(bc) overarchingly coordinate user- related aspects of GOVSATCOM in close collaboration with relevant Union agencies and EEAS for crisis management missions and operations;
Amendment 222 #
Proposal for a regulation
Article 30 – paragraph 1 – point b d (new)
Article 30 – paragraph 1 – point b d (new)
(bd) implement activities relating to the development of downstream applications and services based on the components of the Programme;
Amendment 223 #
Proposal for a regulation
Article 30 – paragraph 1 – point b e (new)
Article 30 – paragraph 1 – point b e (new)
(be) define and recommend to the Commission the priorities of space domain of Horizon Europe and manages all space R&D activities financed by Horizon Europe.
Amendment 225 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) undertake communication and promotion activities, and activities relating to the commercialisation of the services offered by Galileo and EGNOSthe Programme;
Amendment 229 #
Proposal for a regulation
Article 30 – paragraph 1 – point c a (new)
Article 30 – paragraph 1 – point c a (new)
(ca) perform the tasks assigned to it under Decision No1104/2011/EU;
Amendment 231 #
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) provide technical expertise to the Commission and supply any information necessary for the performance of its tasks under this Regulation.
Amendment 232 #
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(da) promote and ensure the uptake and use of the data and services provided by the Programme's components in the public and private sectors, including by supporting appropriate development of those services and by fostering a stable long-term environment. It shall develop synergies between the applications of the various components of the Programme;
Amendment 234 #
Proposal for a regulation
Article 30 – paragraph 1 – point d b (new)
Article 30 – paragraph 1 – point d b (new)
(db) ensure the security accreditation of all the components of the Programme in accordance with Chapter II of this Title and the competences of the Member States;
Amendment 236 #
Proposal for a regulation
Article 30 – paragraph 1 – point d c (new)
Article 30 – paragraph 1 – point d c (new)
(dc) ensure the operation of the Galileo Security Monitoring Centre in accordance with the requirements referred to in paragraph 2 of the article 34 and the instructions developed under the scope of Decision2014/496/CFSP;
Amendment 241 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 245 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Commission may entrust other tasks to the Agency, including undertaking communication, promo by means of a contribution, and marketing of data and information activities, as well as other activities related to user uptakes with regard to the Programme's components other than Galileo and EGNOSgreement in accordance with [Article 2(18)] and [Title VI] of the Financial Regulation.
Amendment 246 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Whenever entrusting tasks to the Agency the Commission shall ensure appropriate funding for their management and execution, including adequate human and administrative resources.
Amendment 247 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 249 #
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) as regards Copernicus: development, design and construction of the Copernicus space infrastructure, including the operations of that infrastructuresegment, including the operations of the relevant parts of the Copernicus space and ground infrastructure and provision and operation of the backbone data dissemination network;
Amendment 253 #
Proposal for a regulation
Article 31 – paragraph 1 – point c a (new)
Article 31 – paragraph 1 – point c a (new)
(ca) definition of the overall system architecture of SSA, development of SSA elements;
Amendment 254 #
Proposal for a regulation
Article 31 – paragraph 1 – point c b (new)
Article 31 – paragraph 1 – point c b (new)
(cb) as regards GOVSATCOM coordination and development of the overall system design;
Amendment 255 #
Proposal for a regulation
Article 31 – paragraph 1 – point c c (new)
Article 31 – paragraph 1 – point c c (new)
(cc) encouraging cooperation between the Member States and promoting convergence of their technological capacities and developments in the space domain.
Amendment 256 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 1
Article 31 – paragraph 2 – indent 1
– clearly define the responsibilities and obligations of the Commission, the Agency and the European Space Agency with regard to the Programme;
Amendment 257 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 1 a (new)
Article 31 – paragraph 2 – indent 1 a (new)
Amendment 258 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 2
Article 31 – paragraph 2 – indent 2
– require that the European Space Agency complies with the security rules of the Union programmecall for the application of the existing security agreements made between the Union, its institutions and agencies, with the European Space Agency, in particular with regard to the processing of classified information;
Amendment 259 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 3
Article 31 – paragraph 2 – indent 3
– stipulate the conditions of the management of funds entrusted to the European Space Agency, particularly with regard to public procurementincluding application of the Union public procurement when it is done in the name and on behalf of the Commission or the Agency, management procedures, the expected results measured by performance indicators, applicable measures in the event of deficient or fraudulent implementation of the contracts in terms of costs, schedule and results, as well as the communication strategy and the rules regarding ownership of all tangible and intangible assets; these conditions shall be in conformity with Titles III and V of this regulation and the Financial Regulation;
Amendment 260 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 3 a (new)
Article 31 – paragraph 2 – indent 3 a (new)
– establish the joint procurement board under the chairmanship of the Agency consisting of the Agency, the Commission and the European Space Agency representatives whose aim is to decide on procurements over 4 mil. EUR implemented by the European Space Agency;
Amendment 261 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 4 a (new)
Article 31 – paragraph 2 – indent 4 a (new)
– recognise and respect the specific character of the relation between the Union and the Agency as established in the provisions of the Framework Agreement between the Union and the European Space Agency of 29 April 2004;
Amendment 262 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 6 a (new)
Article 31 – paragraph 2 – indent 6 a (new)
– allow ESA to make adjustments within the agreement overall financial envelope consisting of ESA´s remuneration and industrial costs in the light of technical uncertainties that characterise the Programme.
Amendment 263 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 264 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Without prejudice to the financial framework partnership agreement referred to in paragraph 4, the Commission or the Agency may ask the European Space Agency to provide technical expertise and the information necessary to perform the tasks which are assigned to them by this Regulation. The conditions for such requests and their implementation shall be mutually agreed and they should by no means bear adverse consequences on the European Space Agency´s own activities and existing obligations.
Amendment 268 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
The Commission, in its and the Agency, in their field of competence, shall ensure a high degree of security with regard to, in particular:
Amendment 269 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
To that end, the Commission shall ensure that a risk and threat analysis is performed for each Programme's component. Based on that risk and threat analysis, it shall determine, by means of implementing acts,and the Agency shall ensure, in consultation with end users in Member States and the relevant entities managing the implementation of a component of the Programme, that a risk and threat analysis is performed for each Programme's component. Based on that risk and threat analysis, the Commission and the Agency shall establish, in consultation with end users in Member States and the relevant entities managing the implementation of a component of the Programme for each such component of the Programme, the generahigh-level security requirements. In doing so, the Commission and the Agency shall take account of the impact of those requirements on the smooth functioning of that component, in particular in terms of cost, risk management and schedule, and shall ensure not to reduce the general level of security or undermine the functioning of the existing equipment based on that component. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3).
Amendment 270 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The entity responsible for the management of a component of the Programme shall be responsible for managing the security of that component and shall, to that end, carry out risk and threat analysis and all the necessary activities to ensure and monitor the security of that component, in particular setting of technical specifications and operational procedures, and monitor their compliance with the generahigh-level security requirements referred to in paragraph 1.
Amendment 272 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. The entities involved in the Programme shall take all the measures necessarsecurity measures identified in the risk analysis and determined by tohe ensure the securitytity responsible for the component of the Programme.
Amendment 276 #
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) the management, maintenance, continuous improvement, evolution and protection of the ground-based infrastructure, in particular networks, sites and support facilities, including upgrades and obsolescence management and the development and evolution of fundamental technological elements of EGNSS, such as Galileo-enabled chipsets and receivers;
Amendment 280 #
Proposal for a regulation
Article 43 – paragraph 1 – point h a (new)
Article 43 – paragraph 1 – point h a (new)
Amendment 286 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
The geographical coverage of EGNOS may be extended to other regions of the world, in particular to the territories of candidate countries, of third countries associated with the Single European Sky and of third countries in the European Neighbourhood Policy, subject to technical feasibility, assessment of potential security threads to the system and security accreditation and, for the SoL service, on the basis of international agreements.
Amendment 291 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Compatibility and, interoperability and standardisation
Amendment 292 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Galileo and EGNOS, and the services which they provide, shall be compatible and interoperable with other satellite navigation systems and with conventional means of radio navigation, where the necessary compatibility and interoperability requirements are laid down in international agreements. Galileo and EGNOS shall be compliant to international standards and certifications; certification systems for transportation sectors such as railway (automated trains), road (autonomous cars) and air (unmanned aerial vehicles), should be elaborated at European level by relevant authorities.
Amendment 294 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Copernicus shall be implemented building on prior Union investments and, where appropriate, drawing on ESA investments. Copernicus may be beneficial from the national or regional capacities of Member States an. Copernicus should takinge into account the capacities of commercial suppliers of comparable data and information and the need to foster competition and market development.
Amendment 304 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Participation of Member States and international organisation
Amendment 305 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – introductory part
Article 56 – paragraph 1 – subparagraph 1 – introductory part
Member States or international organisations wishing to participate in the delivery of SST services referred to in Article 54 shall submit a joint proposal or a proposal to the Commission demonstrating compliance with the following criteria:
Amendment 306 #
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. The Commission may coordinate the actions of the Union and national public authorities concerned with civil protection in the event a NEO is found to be approaching Earth, with the involvement of the appropriate United Nations’ bodies.
Amendment 307 #
Proposal for a regulation
Article 61 – paragraph 1 – point a
Article 61 – paragraph 1 – point a
(a) the development, construction, and operations of the ground segment and space segment infrastructure;
Amendment 308 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the operational requirements for services provided under GOVSATCOM, in the form of technical specifications for use- cases related 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 users, and taking into account requirements stemming from existing user equipment and networks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). Other use cases may be added at any time, based on actual user demand coming from the Member States followed by corresponding technical specifications.
Amendment 311 #
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the detailed rules on the sharing and prioritisation of capacities, services, and user equipment, vices, taking into account expected demand for the different use- cases and the analysis of security risks for those use-cases. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3).
Amendment 315 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
The CommissionAgency shall monitor the evolution of supply and demand for GOVSATCOM capacities and services continuously, taking into account new risks and threats, as well aswhile considering new technology developments being continuously monitored by ESA, in order to optimise the balance between that supply and demand for GOVSATCOM services.
Amendment 317 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Before the end of 2024, the Commission shall evaluate the implementation of the GOVSATCOM component, notably as regards the evolution of the user needs in relation to the satellite communication capacity. The evaluation shall in particular examine the need for additional space infrastructure. The evaluation shall be accompanied, if necessary, by an appropriate proposal for the development of additional space infrastructure under the GOVSATCOM component, while taking advantage of ESA’s know-how.
Amendment 318 #
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3a. The Agency is the legal successor of the European GNSS Agency.
Amendment 319 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Administrative Board shall hold an ordinary meeting twicefour times a year. In addition, it shall meet on the initiative of its Chairperson or at the request of at least one third of its members.
Amendment 320 #
Proposal for a regulation
Article 75 – paragraph 5
Article 75 – paragraph 5
5. [For any component of the Programme which entails the use of sensitive national infrastructure, only the representatives of all Member States which possess such infrastructure and the representative of the Commission may attend the meetings and deliberations of the Administrative Board and take part in voting. Where the Chairperson of the Administrative Board does not represent one of the Member States which possess such infrastructure, he/she shall be replaced by the repre, but only those Member States which possess such infrastructure take part in voting. Appropriate measures corresponding to the sentasitivesity of a Member States which possesses such infrastructurethe meeting agenda should be applied.]
Amendment 322 #
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. If this relocation of the staff is longer than 6 months, the prior approval of the Administrative Board is needed. Before deciding to establish a local officinfrastructure the Executive Directive shall obtain the prior approval of the Commission, the Administrative Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. A headquarters agreement with the Member State(s) concerned may be required.
Amendment 324 #
Proposal for a regulation
Article 88 – paragraph 3 a (new)
Article 88 – paragraph 3 a (new)
3a. With effect [from the entry into force of this Regulation] the correction coefficient according to Article 64 of the Staff Regulations applicable to the remuneration of officials and other servants employed by the Agency shall not be less than 90.
Amendment 325 #
Proposal for a regulation
Article 88 – paragraph 3 b (new)
Article 88 – paragraph 3 b (new)
3b. The Agency Staff shall be remunerated through the Agency own resources and through the use of budget delegated by Commission, for the discharge of the Agency’s delegated tasks, when required.
Amendment 326 #
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
1. Necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Administrative Board, Agency staff and members of their families shall be laid down in a Headquartersosting Agreement between the Agency and Member State where the seat or local infrastructure of the Agency is located, concluded after obtaining the approval of the Administrative Board.
Amendment 330 #
Proposal for a regulation
Article 102 – paragraph 6 – subparagraph 1
Article 102 – paragraph 6 – subparagraph 1
By 30 June 2024, and every five years thereafter, the Commission shall assess the Agency’s performance, in relation to its objectives, mandate, tasks and locationinfluence of number of locations on the performance of the Agency, in accordance with Commission guidelines. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. It shall also address the Agency’s policy on conflicts of interest and the independence and autonomy of the Security Accreditation Board.
Amendment 331 #
Proposal for a regulation
Article 105 – paragraph 2
Article 105 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 52 and 101 shall be conferred on the Commission for an indeterminate period until 31 December 20287.
Amendment 332 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
1. The Commission shall be assisted by a committee which meets in specific configurations focused on the respective components of the Programme. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 333 #
Proposal for a regulation
Article 110 – paragraph 3 a (new)
Article 110 – paragraph 3 a (new)
3a. The Commission in cooperation with the Agency elaborates transitional plan to ensure the appropriate funding and staffing of the Agency in order to be able the Agency to perform tasks referred to in this Regulation. The Commission shall define measures to ensure that the tasks to which the Agency does not have appropriate funding and staffing at the moment are sufficiently performed during the transitional period which shall be no longer than 2 years after the Regulation is applied.