Activities of Evžen TOŠENOVSKÝ related to 2018/0236(COD)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU
Amendments (153)
Amendment 113 #
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 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 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 , the agreement should also contain all the clauses necessary to safeguard the Union’s financial interests.
Amendment 116 #
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 and Union capabilities and enable a broad participation of Member States, international organisations and involvement of the private sector.
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Copernicus third-party data’ means data licensed or made available for use by Copernicus which originate from sources other than the Sentinels;
Amendment 135 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) In order to achieve the objectives of Copernicus on a sustainable basis, it is necessary to coordinate the activities of the various partners involved in Copernicus, and to develop, establish and operate a service and observation capacity meeting the demands of users. In this context, a committee (the Copernicus sub- committee) should assist the Commission in ensuring the coordination of contributions to Copernicus by the Union, the Member States and inter- governmental organisations as well as coordination with the private sector, making the best use of existing capacities and identifying gaps to be addressed at Union level. It should also assist the Commission in monitoring the coherent implementation of Copernicus. As sound public governance requires uniform management of Copernicus, faster decision-making and equal access to information, representatives of entities entrusted with budget implementation tasks should be able to take part as observers in the work of the Copernicus Committee. For the same reasons, representatives of third countries and international organisations who have concluded an international agreement with the Union should be able to take part in the work of the Copernicus Committee subject to security constraints and as provided for in the terms of such agreement. Such representatives should not be entitled to take part in the Copernicus Committee voting procedures.
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for Copernicus: to deliver accurate and reliable Earth Observation data and information, supplied on a long-term basis, to support the implementation and monitoring of the Union and its Member States' policies in the fields of the environment, climate change, agriculture and rural development, civil protection, safety and security, as well as the digital and the blue economy;
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The Programme's components, with the exception of the SST, shall also be open to any third country or international organisation, in accordance with the conditions laid down in a specific agreement covering the participation of the third country or of the international organisation to any Union programme, provided that the agreement:
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Third countries or international organisations may become GOVSATCOM participant referred to in Article 67 or participate or obtain access to the services provided by the SST only where, in accordance with the procedure provided for in Article 218 of the Treaty on the Functioning of the European Union, they enter into an agreement laying down the terms and conditions of the detailed rules for access to such data, information, capacities and services, and the framework for exchanging and protecting classified information.
Amendment 155 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The access of third countries or international organisations to the Public Regulated Service provided by Galileo shall be governed by Article 3(5) of Decision No 1104/2011/EU of the European Parliament and of the Council28 . Article 3 of Decision No 1104/2011/EU of the European Parliament and of the Council is amended as follows. (a) Paragraph 1 is replaced by the following:‘1. The Member States, certain third countries, the Council, the Commission and the EEAS shall have the right to unlimited and uninterrupted access to the PRS worldwide.’ (b) Point b of paragraph 5 is replaced by the following:‘ (b) an agreement laying down the terms and conditions of the detailed rules for access to the PRS by the third country or international organisation; such an agreement could include the manufacturing and export to EU Member States and third parties with a PRS agreement, under specific conditions, of PRS receivers and security modules.’ _________________ 28 OJ L 287, 4.11.2011, p. 1–8.
Amendment 159 #
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 infrastructures;
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘sensitive non-classified information’ means non-classified information that the Commission must protect because of legal obligations laid down in the Treaties or in acts adopted in implementation thereof, and/or because of its sensitivity;. Definition of sensitivity should be based on and align with the Commission Delegated Regulation (EU)No 1159/2013 establishing the registration and licensing conditions for GMES users and defining criteria for restricting access to GMES dedicated data and GMES service information[1],as it currently applies to Copernicus and establishes its security restrictions;[1] OJ L 309, 19.11.2013, p.1–6.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) an autonomous civil global navigation satellite system (GNSS) under civil control comprising a constellation of satellites, centres and a global network of stations on the ground, offering positioning, navigation and time measurement services and fully, where appropriate, integrating the needs and requirements of security (‘Galileo’);
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an autonomous, user-driven, Earth observation system under civil control, offering full, free and open geo- information data and geo-information services, comprising satellites, ground infrastructure, data and information processing facilities, and distribution infrastructure, and, where appropriate, fully integrating the needs and requirements of security (‘Copernicus’);
Amendment 184 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) to foster the autonomy of the Union, in particular in technological termswhilst ensuring open access and fair competition by allowing entities based in participating third countries to be eligible to participate;
Amendment 198 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Where necessary for the protection of the essential security interest of the Union and its Member States, in particular with regard to the need to preserve the integrity and resilience of the Union systems, as well as the autonomy of the industrial basis on which they rely and the need to ensure a fair balance as regards the contributions and benefits of any participating third country as set out in Article 7, the Commission shall set the requisite eligibility conditions applicable to the procurement, grants or prizes covered by this Title. Particular regard shall be had, for that purpose, to the need for eligible undertakings to be established in a Member State or participating third country, to commit to carry out any relevant activities inside the Union or the participating third country and to be effectively controlled by Member States or nationals of Member Statparticipating third countries, or nationals of Member States or participating third countries. Those conditions shall be included in the documents relating to the procurement, grant or prize, as applicable. In the case of procurement, the conditions shall apply to the full life cycle of the resulting contract.
Amendment 199 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) maximise the socio-economic benefits, including by promoting the widest possible use of the data, information and services provided by the Programme's components both within and outside the Union;
Amendment 204 #
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, includingand 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 206 #
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 the Agency, to the European Space Agency or to other entities referred to in Article 32.
Amendment 210 #
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 operational specifications requiredhigh-level requirements including for security 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 212 #
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 215 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where appropriate, and in cooperation with the Agency, it shall ensure the coordination 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 domain.
Amendment 217 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) performrovide methodical guidance, management and supervision of the tasks referred to in Article 34(2) and (3);
Amendment 226 #
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 228 #
Proposal for a regulation
Article 30 – paragraph 1 – point c a (new)
Article 30 – paragraph 1 – point c a (new)
(ca) 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 230 #
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) provide technical expertise to the Commission. where this does not duplicate the role of the European Space Agency as set out in Article 31;
Amendment 233 #
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(da) manage the exploitation of EGNOS and Galileo, as referred to in Article 43, and GOVSATCOM;
Amendment 234 #
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 theall Union regions 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.
Amendment 235 #
Proposal for a regulation
Article 30 – paragraph 1 – point d b (new)
Article 30 – paragraph 1 – point d b (new)
(db) execute operation of EGNOS and Galileo;
Amendment 237 #
Proposal for a regulation
Article 30 – paragraph 1 – point d c (new)
Article 30 – paragraph 1 – point d c (new)
(dc) overarchingly coordinate user- related aspects of GOVSATCOM in close collaboration with relevant Union agencies and EEAS for crisis management missions and operations;
Amendment 238 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Programme shall support, in synergy with other EU and ESA programmes and funding schemes:
Amendment 238 #
Proposal for a regulation
Article 30 – paragraph 1 – point d d (new)
Article 30 – paragraph 1 – point d d (new)
(dd) implement activities relating to the development of downstream applications and services based on the components of the Programme.
Amendment 239 #
Proposal for a regulation
Article 30 – paragraph 1 – point d e (new)
Article 30 – paragraph 1 – point d e (new)
(de) 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 240 #
Proposal for a regulation
Article 30 – paragraph 1 – point d f (new)
Article 30 – paragraph 1 – point d f (new)
(df) provide technical expertise to the Commission, where this does not duplicate the role of the European Space Agency asset out in Article 31, and supply any information necessary for the performance of its tasks under this Regulation;
Amendment 242 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 244 #
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, promotion, 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 EGNOS.
Amendment 248 #
Proposal for a regulation
Article 31 – title
Article 31 – title
31 Role of the European Space Agency and EUMETSAT
Amendment 251 #
Proposal for a regulation
Article 31 – paragraph 1 – point b a (new)
Article 31 – paragraph 1 – point b a (new)
(ba) to establish robust, proportionate security measures which protect the interests of the Union and EUMS whilst also supporting the participation in the Programme of third countries and international institutions.
Amendment 265 #
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
Amendment 266 #
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
Amendment 289 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The Programme's components, with the exception of the SST, shall also be open to any third country or international organisation, in accordance with the conditions laid down in a specific agreement covering the participation of the third country or of the international organisation to any Union programme, provided that the agreement:
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Third countries or international organisations may become GOVSATCOM participant referred to in Article 67 or participate or obtain access to the services provided by the SST only where, in accordance with the procedure provided for in Article 218 of the Treaty on the Functioning of the European Union, they enter into an agreement laying down the terms and conditions of the detailed rules for access to such data, information, capacities and services, and the framework for exchanging and protecting classified information.
Amendment 294 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The access of third countries or international organisations to the Public Regulated Service provided by Galileo shall be governed by Article 3(5) of Decision No 1104/2011/EU of the European Parliament and of the Council28 . Article 3 of Decision No 1104/2011/EU of the European Parliament and of the Council is amended as follows. (a) Paragraph 1 is replaced by the following: ‘1. The Member States, certain third countries, the Council, the Commission and the EEAS shall have the right to unlimited and uninterrupted access to the PRS worldwide.’ (b) Point b of paragraph 5 is replaced by the following: ‘(b) an agreement laying down the terms and conditions of the detailed rules for access to the PRS by the third country or international organisation; such an agreement could include the manufacturing and export to EU Member States and third parties with a PRS agreement, under specific conditions, of PRS receivers and security modules.’ _________________ 28 OJ L 287, 4.11.2011, p. 1–8.
Amendment 295 #
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. Where the assets created or developed under the Programme's components are funded from other than EU budget, the ownership shall be defined through the agreement with the respective partner. In any event, the Union shall be the owner of all key infrastructures.
Amendment 297 #
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 the Union law. 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 301 #
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 302 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. SST core users shall comprise all the Member States, the EEAS, the Commission, the Council, participating third countries, public and private spacecraft owners and operators and public authorities concerned with civil protection established in the Union.
Amendment 303 #
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1 – introductory part
Article 55 – paragraph 2 – subparagraph 1 – introductory part
Other public and private entities (non-core users) established in the Union or participating third countries may have access to one of the services mentioned in points (b) to (d) of Article 54(1) provided that they comply with the following criteria:
Amendment 311 #
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 320 #
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 321 #
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. Before deciding to establish a local office the Executive Directive shall obtain the prior approval of the Commission, the Administrative Board and the Member State(s)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. Before any such a decision is taken, its impact in terms of staff allocation and budget shall be incorporated in the multi- annual and annual work programmes.
Amendment 323 #
Proposal for a regulation
Article 88 – paragraph 3 a (new)
Article 88 – paragraph 3 a (new)
Amendment 326 #
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 334 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) to avoid, where possible, the over- reliance on a single provider benefiting from its dominant position, in particular for critical equipment and services, taking into account the objectives of technological independence and continuity of services;
Amendment 335 #
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(ca) to follow the principles of open access and fair competition throughout the industrial supply chain, tendering on the basis of the provision of transparent and timely information, clear communication of the applicable procurement rules, selection and award criteria and any other relevant information allowing a level-playing field for all potential bidders
Amendment 336 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) to foster the autonomy of the Union, in particular in technological termswhilst ensuring open access and fair competition by allowing entities based in participating third countries to be eligible to participate;
Amendment 339 #
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 to industry at all levels in the form of a range from a minimum to a maximum percentage; at least 40% of the aggregate value of the contracts shall be subcontracted to small and medium-sized enterprises (SMEs).
Amendment 341 #
Proposal for a regulation
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) be approved the Committee pursuant to Article 107(1).
Amendment 342 #
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 andor 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 343 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Where necessary for the protection of the essential security interest of the Union and its Member States, in particular with regard to the need to preserve the integrity and resilience of the Union systems, as well as the autonomy of the industrial basis on which they rely and the need to ensure a fair balance as regards the contributions and benefits of any participating third country as set out in Article 7, the Commission shall set the requisite eligibility conditions applicable to the procurement, grants or prizes covered by this Title. Particular regard shall be had, for that purpose, to the need for eligible undertakings to be established in a Member State or participating third country, to commit to carry out any relevant activities inside the Union or the participating third country and to be effectively controlled by Member States or nationals of Member Statparticipating third countries, or nationals of Member States or participating third countries. Those conditions shall be included in the documents relating to the procurement, grant or prize, as applicable. In the case of procurement, the conditions shall apply to the full life cycle of the resulting contract.
Amendment 348 #
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 scheduletechnical performance, while minimising residual risks, by all the entities, within their respective fields of competenceresponsibility in accordance with this Regulation;
Amendment 356 #
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, subject to the specific case by case agreement of a two thirds majority of Member States. 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.
Amendment 361 #
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, includingand 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 363 #
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 the Agency, to the European Space Agency or to other entities referred to in Article 32.
Amendment 371 #
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 operational specifications requiredhigh-level requirements including for security 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 373 #
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 376 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where appropriate, and in cooperation with the Agency, it shall ensure the coordination 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 domain.
Amendment 379 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) performrovide methodical guidance, management and supervision of the tasks referred to in Article 34(2) and (3);
Amendment 381 #
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 385 #
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) provide technical expertise to the Commissionmote 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 388 #
Proposal for a regulation
Article 30 – paragraph 1 – point d a (new)
Article 30 – paragraph 1 – point d a (new)
(da) 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 389 #
Proposal for a regulation
Article 30 – paragraph 1 – point d b (new)
Article 30 – paragraph 1 – point d b (new)
(db) 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 Decision 2014/496/CFSP;
Amendment 390 #
Proposal for a regulation
Article 30 – paragraph 1 – point d c (new)
Article 30 – paragraph 1 – point d c (new)
(dc) perform the tasks assigned to it under Decision No 1104/2011/EU;
Amendment 391 #
Proposal for a regulation
Article 30 – paragraph 1 – point d d (new)
Article 30 – paragraph 1 – point d d (new)
(dd) manage the exploitation of EGNOS and Galileo, as referred to in Article 43, and GOVSATCOM.
Amendment 392 #
Proposal for a regulation
Article 30 – paragraph 1 – point d e (new)
Article 30 – paragraph 1 – point d e (new)
(de) execute operation of EGNOS and Galileo;
Amendment 393 #
Proposal for a regulation
Article 30 – paragraph 1 – point d f (new)
Article 30 – paragraph 1 – point d f (new)
Amendment 394 #
Proposal for a regulation
Article 30 – paragraph 1 – point d g (new)
Article 30 – paragraph 1 – point d g (new)
(dg) implement activities relating to the development of downstream applications and services based on the components of the Programme.
Amendment 395 #
Proposal for a regulation
Article 30 – paragraph 1 – point d h (new)
Article 30 – paragraph 1 – point d h (new)
(dh) 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 396 #
Proposal for a regulation
Article 30 – paragraph 1 – point d i (new)
Article 30 – paragraph 1 – point d i (new)
(di) provide technical expertise to the Commission, where this does not duplicate the role of the European Space Agency asset out in Article 31, and supply any information necessary for the performance of its tasks under this Regulation.
Amendment 397 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 411 #
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, promotion, 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 EGNOS.
Amendment 415 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The tasks referred to in paragraphs 2 and 3 shall be entrusted by the Commission by means of a contribution agreement in accordance with [Article 2(18)] and [Title VI] of the Financial Regulation.
Amendment 416 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Whenever entrusting tasks to the Agency the Commission shall ensure appropriate funding for their management and execution, including adequate human and administrative resources.
Amendment 424 #
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 and ground infrastructure, including the operations of that infrastructure; e relevant parts of that infrastructure and provision and operation of the backbone data dissemination network;
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 1 – point c a (new)
Article 31 – paragraph 1 – point c a (new)
(ca) as regards SSA: definition of the overall system architecture, development of SSA elements;
Amendment 432 #
Proposal for a regulation
Article 31 – paragraph 1 – point c b (new)
Article 31 – paragraph 1 – point c b (new)
(cb) as regard GOVSATCOM: coordination and development of the overall system for GOVSATCOM and development of the GOVSATCOM ground and space segment infrastructure.
Amendment 433 #
Proposal for a regulation
Article 31 – paragraph 1 – point c c (new)
Article 31 – paragraph 1 – point c c (new)
(cc) as regards access to space: ESA is entrusted by its Member States with the development of the European space transportation infrastructure. Regarding the activities of the Programme on launch service procurement for missions therein, ESA shall support the Commission as per Article 5 (a) and (c)
Amendment 434 #
Proposal for a regulation
Article 31 – paragraph 1 – point c d (new)
Article 31 – paragraph 1 – point c d (new)
(cd) encouragement of the cooperation between the Member States and promotion of the convergence of their technological capacities and developments in the space domain.
Amendment 435 #
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 437 #
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 among the Commission, the Agency and the European Space Agency on the implementation of the Programme components;
Amendment 438 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 1 b (new)
Article 31 – paragraph 2 – indent 1 b (new)
– recognise and respect the specific character of the relations between the Union and the European Space Agency as established in the provisions of the Framework Agreement between the Union and the European Space Agency of 29 April 2004.
Amendment 439 #
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 programme, settled within the security agreements with the European Space Agency, in particular with regard to the processing of classified information;
Amendment 441 #
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 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 443 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 4
Article 31 – paragraph 2 – indent 4
– requirenable the participation as observer of the Commission and, when relevant, the Agency in the Tender Evaluation Board meetings of the European Space Agency with regard to the Programme;
Amendment 444 #
– establish a Joint Procurement Board with regards to the Programme, chaired by the Agency, with the participation of 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. The rules and procedures of the Joint Procurement Board shall be defined in the financial framework partnership agreement;
Amendment 447 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 6 a (new)
Article 31 – paragraph 2 – indent 6 a (new)
– set out clearly how the European Space Agency will ensure that the interests of the Union will be protected in relation to the delivery of Programme activities, including appropriate governance arrangements;
Amendment 448 #
Proposal for a regulation
Article 31 – paragraph 2 – indent 6 b (new)
Article 31 – paragraph 2 – indent 6 b (new)
– allow ESA to make adjustments within the overall financial envelope consisting of ESA’s remuneration and industrial costs in the light of technical uncertainties that characterise the Programme.
Amendment 449 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 452 #
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 454 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. The Commission may entrust, subject to the specific case by case agreement of a two thirds majority of Member States, in full or in part, by means of contribution agreements the implementation of the Programme's components to entities other than those referred to in Article 30 and 31, including :
Amendment 460 #
Proposal for a regulation
Article 33 – paragraph 1 – point b a (new)
Article 33 – paragraph 1 – point b a (new)
(ba) to establish robust, proportionate security measures which protect the interests of the Union and EUMS whilst also supporting the participation in the Programme of third countries and international institutions.
Amendment 461 #
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 degreeppropriately high level of security with regard to, in particular:
Amendment 465 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
To that end, the Commission shall ensureand 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, it shall determine, by means of implementing acts,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 generaappropriately high-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 466 #
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 generaappropriately high level security requirements referred to in paragraph 1.
Amendment 467 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 468 #
Proposal for a regulation
Article 34 – paragraph 4 – introductory part
Article 34 – paragraph 4 – introductory part
4. The Member States and participating third countries shall:
Amendment 470 #
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 471 #
Proposal for a regulation
Article 36 – paragraph 1 – point e
Article 36 – paragraph 1 – point e
(e) efforts shall be made to consult all relevant parties with an interest in security issues for this component shall be consulted;
Amendment 472 #
Proposal for a regulation
Article 36 – paragraph 1 – point g
Article 36 – paragraph 1 – point g
(g) security accreditation decisions of the Security Accreditation Board shall, following the process defined in the relevant security accreditation strategy defined by that Board, be based on local security accreditation decisions taken by the respective national security accreditation authorities of the Member States and participating third countries;
Amendment 474 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. A representative of the European Space Agency shall be invited to attend the meetings of the Security Accreditation Board as an observer. On an exceptional basis, rRepresentatives of Union Agencies, third countries or international organisations may also be invited to attend meetings as observers for matters directly relating to those third countries or international organisations, especially for matters concerning the infrastructure belonging to them or established on their territory. Arrangements for such participation of representatives of third countries or international organisations and the conditions therefor shall be laid down in the relevant agreements and shall comply with the rules of procedure of the Security Accreditation Board.
Amendment 477 #
Proposal for a regulation
Article 43 – paragraph 1 – point b a (new)
Article 43 – paragraph 1 – point b a (new)
(ba) the development and evolution of fundamental technological elements for the exploitation of the systems, such as Galileo-enabled chipsets and receivers;
Amendment 479 #
Proposal for a regulation
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) the development of future generations of the systems and the evolution of the services provided by Galileo and EGNOS, without prejudice to future decisions on the Union financial perspectives, taking into account the needs of relevant stakeholders and parties including for civil, security and defence use;
Amendment 484 #
Proposal for a regulation
Article 43 – paragraph 1 – point h a (new)
Article 43 – paragraph 1 – point h a (new)
(ha) management of the dedicated Union’s R&D activities in support of Galileo and EGNOS, particularly of those financed by Horizon Europe.
Amendment 485 #
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. The services provided by Galileo shall be gradually implemented with the aim of reaching in a timely manner full operational capability and shall comprise:
Amendment 495 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Compatibility and, interoperability and standardisation
Amendment 499 #
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2a. Galileo and EGNOS shall be compliant to the international standards and certifications; certification systems for transportation shall be adopted at the Union level by relevant certification authorities.
Amendment 504 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Copernicus shall be implemented building on prior Union, European Space Agency and EUMETSAT investments and, where appropriate, drawing on the national or regional capacities of Member States and taking into account the capacities of commercial suppliers of comparable data and information and the need to foster competition and market development.
Amendment 509 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Copernicus shall deliver data and information pursusing a full, free and open data policy.
Amendment 516 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. Copernicus shall promote the international coordination of observation systems and related exchanges of data in order to strengthen its global dimension and complementarity taking account of existing and future international agreements and coordination processes.
Amendment 521 #
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) actions to provide continuity of existing Sentinel missions and to develop, launch, maintain and operate further Sentinels expanding the observation scope, giving priority to: observation capacities for monitoring anthropogenic CO2 and other greenhouse gas emissions, allowing for polar coverage and enabling innovative environmental applications in agriculture, forest and water management domains;
Amendment 538 #
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
(b) emergency management service to provide information in support of public authorities concerned with civil protection established in the Union, supporting civil protection and emergency response operations (improving early warning activities and crisis response capacities), and prevention and preparedness actions (risk and recovery analyses) in relation to different types of disasters;
Amendment 542 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Copernicus shall include actions to provide access to all Copernicus data and Copernicus information and, where appropriate, provide additional infrastructure and services to foster the distribution, access and use of those data and information. ESA may been trusted to ensure the Sentinel data distribution network.
Amendment 545 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where Copernicus data or Copernicus information areis security sensitive, the Commission may entrust the procurement, the supervision of the acquisition, the access to and the distribution of those data and information to one or more fiduciary entities. Such entities shall set up and maintain a registry of accredited users and grant access to the restricted data through a segregated workflow.
Amendment 548 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 105 concerning the Commission may adopt implementing acts in accordance with Article 107(3) concerning the specific provisions to supplement paragraph 1 as regards the specifications and conditions and procedures for the access to and use of Copernicus data and Copernicus information.
Amendment 552 #
Proposal for a regulation
Article 53 – paragraph 1 – point a
Article 53 – paragraph 1 – point a
(a) the establishment, development and operation of a network of ground-based and/or space-based sensors of the Member States and participating third countries, including sensors developed through the European Space Agency and nationally operated Union sensors, to survey and track objects and to produce a European catalogue of space objects adapted to the needs of the users referred to in Article 55;
Amendment 556 #
Proposal for a regulation
Article 53 – paragraph 1 – point d a (new)
Article 53 – paragraph 1 – point d a (new)
(da) the sharing of SST data or information with third countries, where this data or information relates to an uncontrolled re-entry event which poses a serious risk to life in, or space infrastructure owned by, that third country.
Amendment 558 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. SST core users shall comprise all the Member States, the EEAS, the Commission, the Council, participating third countries, public and private spacecraft owners and operators and public authorities concerned with civil protection established in the Union.
Amendment 559 #
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1 – introductory part
Article 55 – paragraph 2 – subparagraph 1 – introductory part
Other public and private entities (non-core users) established in the Union or participating third countries may have access to one of the services mentioned in points (b) to (d) of Article 54(1) provided that they comply with the following criteria:
Amendment 560 #
Proposal for a regulation
Article 56 – title
Article 56 – title
Participation of Member States or international organisation
Amendment 561 #
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – introductory part
Article 56 – paragraph 1 – subparagraph 1 – introductory part
Member States or international organisation wishing to participate in the delivery of SST services referred to in Article 54 shall submit a single or joint proposal to the Commission demonstrating compliance with the following criteria:
Amendment 573 #
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 and space segment infrastructure;
Amendment 574 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. The provision of GOVSATCOM capacities and services, free of charge for GOVSATCOM users, shall be ensured as laid down in the service portfolio referred to in paragraph 3, in accordance with the operational requirements referred to in paragraph 2, GOVSATCOM specific security requirements referred to in Article 34(1) and within the limits of the sharing and prioritisation rules referred to in Article 65.
Amendment 575 #
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 followed by corresponding technical specifications.
Amendment 577 #
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Pooled satellite communication capacities, services and user equipment shall be shared and prioritised between GOVSATCOM participants on the basis of an analysis of security risks by the users at Union and Member State level. This sharing and prioritisation shall prioritise users at Union level and shall guarantee proportionate level of access to all users in participating Member States.
Amendment 578 #
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 where appropriate of the dedicated user equipment, 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 580 #
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 as new technology developments continuously monitored by ESA, in order to optimise the balance between that supply and demand for GOVSATCOM services.
Amendment 582 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
Before the end of 2024, the Commission shall, in cooperation with the Agency and ESA, 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.
Amendment 586 #
Proposal for a regulation
Article 73 – paragraph 5
Article 73 – paragraph 5
5. The term of office of the members of the Administrative Board and their alternates shall be four years, and shall be renewable once.
Amendment 587 #
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Administrative Board shall hold anfour ordinary meeting twices 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 588 #
Proposal for a regulation
Article 75 – paragraph 5
Article 75 – paragraph 5
5. [For any component of the Programme which entails where discussion concerns 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, but only those Member States which possess such infrastructure 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 representatives of a Member States which possesses such infrastructure. The rules of procedure of the Administrative Board shall set out the detailed procedure and situations in which this procedure may apply.]
Amendment 591 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Each representative of the Member States and of the Commission shall have one vote. In the absence of a member with the right to vote, his or her alternate shall be entitled to exercise his or her right to vote. The Executive Director shall not take part in the voting. Decisions based on points (a), (b), (f), (j) and (k) of Article 77(2) or on Article 77(5), except for matters covered by Chapter II of Title V, shall only be adopted with a favourable vote of the representatives of the Commission.
Amendment 595 #
Proposal for a regulation
Article 77 – paragraph 2 – point e
Article 77 – paragraph 2 – point e
(e) approve the arrangements referred to in Article 98(2), after consulting the Security Accreditation Board, on the provisions of the arrangements concerning security accreditation;
Amendment 597 #
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. Before deciding to establish a local infrastructure or office the Executive Directive shall obtain the prior approval of the Commission, the Administrative Board and the Member State(s)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. Before such a decision is taken, its impact in terms of staff allocation and budget shall be incorporated in the multi-annual and annual work programmes.
Amendment 599 #
Proposal for a regulation
Article 88 – paragraph 3 a (new)
Article 88 – paragraph 3 a (new)
Amendment 601 #
Proposal for a regulation
Article 90 – paragraph 1
Article 90 – paragraph 1
The Agency may employ national experts from Member States, Member State agencies, participating third countries or international organisations. These experts shall have security clearance appropriate to the classification of the information they are handling. The Staff Regulations and the Conditions of Employments of Other Servants shall not apply to such staff.
Amendment 603 #
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 Headquarters Agreement between the Agency and Member State where the seat or the local infrastructure is located, concluded after obtaining the approval of the Administrative Board.
Amendment 604 #
Proposal for a regulation
Article 98 – paragraph 3
Article 98 – paragraph 3
3. The Administrative Board shall adopt a strategy on relations with other non-participating third countries and international organisations concerning matters for which the Agency is competent.
Amendment 606 #
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 location, location and effectiveness of the experience of local infrastructures, 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 610 #
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 613 #
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/subcommittees dedicated to each main components of the Programme (Galileo and EGNOS, Copernicus, SSA, GOVSATCOM). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 614 #
Proposal for a regulation
Article 107 – paragraph 1 a (new)
Article 107 – paragraph 1 a (new)
1a. In the case of Galileo and EGNOS, there shall be a GNSS sub- committee that reports to the Committee. The GNSS sub-committee shall include a Security Board as established by Decision 2009/334/EC.
Amendment 615 #
Proposal for a regulation
Article 107 – paragraph 1 b (new)
Article 107 – paragraph 1 b (new)
1b. In the case of Copernicus, there shall be a Copernicus sub-committee. The Copernicus sub-committee shall set up the ‘User Forum’, as a working group to advise on the identification of user requirements, the verification of service compliance and the coordination of public sector users.
Amendment 616 #
Proposal for a regulation
Article 107 – paragraph 3 a (new)
Article 107 – paragraph 3 a (new)
3a. International agreements concluded by the Union may provide for the involvement, as appropriate, of representatives of third countries or international organisations in the work of the Committee under the conditions laid down in its rules of procedure.
Amendment 618 #
Article 108a Amendments to Decision No 1104/2011/EU Decision No 1104/2011/EU of the European Parliament and of the Council[1] is amended as follows: (1) In Article 3, paragraph 1 is replaced by the following: “1. The Member States, certain third countries, the Council, the Commission and the EEAS shall have the right to unlimited and uninterrupted access to the PRS worldwide.” (2) In Article 5, point (b) of paragraph 5 is replaced by the following: “(b) an agreement laying down the terms and conditions of the detailed rules for access to the PRS by the third country or international organisation; such an agreement could include the manufacturing and export to EU Member States and third parties with a PRS agreement, under specific conditions, of PRS receivers and security modules.” [1] OJ L 287, 4.11.2011, p. 1–8.
Amendment 619 #
Proposal for a regulation
Article 110 – paragraph 3 a (new)
Article 110 – paragraph 3 a (new)
3a. The Commission in cooperation with the Agency shall by [two months after the date of entry into force of this Regulation] submit a transitional plan to ensure the appropriate funding and staffing of the Agency in order to enable 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 are sufficiently performed during the transitional period of no longer than 2 years after entry into force of this Regulation.