Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | MARINESCU Marian-Jean ( PPE) | ȚICĂU Silvia-Adriana ( S&D), HALL Fiona ( ALDE), LAMBERTS Philippe ( Verts/ALE), TOŠENOVSKÝ Evžen ( ECR) |
Committee Opinion | AFET | TERHO Sampo ( EFD) | Norica NICOLAI ( ALDE) |
Committee Opinion | TRAN | FOSTER Jacqueline ( ECR) | Jaromír KOHLÍČEK ( GUE/NGL), Werner KUHN ( PPE) |
Committee Opinion | BUDG | CARVALHO Maria da Graça ( PPE) |
Lead committee dossier:
Legal Basis:
TFEU 172
Legal Basis:
TFEU 172Events
This report from the Commission presents the interim evaluation of the European satellite navigation programmes, Galileo and EGNOS, and the evaluation of the European GNSS Agency (GSA), as required by Regulation (EU) No 1285/2013 on the implementation and exploitation of the European satellite navigation systems ("the GNSS Regulation") and Regulation (EU) No 912/2010 setting up the European GNSS Agency ("the GSA Regulation").
The interim evaluation focuses on the period from 1 January 2014 to 31 December 2016.
The evidence presented in the interim evaluation demonstrated that overall the implementation of the GNSS Regulation and of the GSA Regulation has shown good results in the light of the general evaluation criteria and specific requirements for the European GNSS programmes. The Galileo and EGNOS programmes have achieved all the milestones that were set for the period concerned and progress is being made towards delivering on all the programme implementation objectives set for 2020.
Market uptake : over the evaluation period, the market uptake of Galileo and EGNOS has progressed well. The European GNSS industry has grown and accounted for 25% of the global GNSS market in 2015.
The vast majority of new navigation chipsets include the processing of Galileo signals and are gradually integrated in user receivers in various market segments. All new products of the two largest smartphone manufacturers include Galileo-compatible chipsets.
As for EGNOS, major socio-economic benefits have already been produced especially in three industrial domains with the largest market penetration: aviation, agriculture and surveying.
System deployment and services : the Galileo programme has achieved its key objective set out for the evaluation period. The system was declared operational and is providing initial services since December 2016, namely an initial open service (OS), search and rescue support service (SAR) and public regulated service (PRS).
The space segment of Galileo was enhanced with 14 additional satellites launched in the evaluation period. In November 2016, for the first time ever, four Galileo satellites were launched together on an Ariane-5 rocket.
EGNOS now provides the highest quality guided approach services available today to airline and aerodrome operators, with an increase in flight and landing safety, and benefits related to the optimisation of fuel consumption. More than 230 airports in 20 countries are using EGNOS landing approach procedures at the end of 2016.
Budget: for the period 2014-2020, the European Union allocated a total budget of EUR 7 071.73 million for the Galileo and EGNOS programmes. This envelope covers programme management activities, Galileo deployment and exploitation activities, EGNOS exploitation activities and risks associated with these activities. As of end 2016, the Galileo and EGNOS programmes are on track to respect the budget boundaries set by the GNSS Regulation for the period 2014-2020. The Commission monitors the budget closely to ensure its stays within the limit.
GSA: over the period 2014-2016, the Agency has been efficient overall in terms of smooth running, working methods and use of resources. Between 2014 and 2016 with the increasing responsibilities entrusted to the GSA, the total budget managed by the Agency has grown by 85.9%, and the GSA staff has increased by 22.1%.
Next steps : looking to the future, the Commission aims to provide a long-term vision for the programmes , allowing businesses and users to reap the benefits of the European satellite navigation systems. In this context, the Commission will strive for greater synergies between space and defence programmes , in line with the recently adopted Space Strategy for Europe and Defence Action Plan.
The European market for users of Galileo and EGNOS will expand. Also, the traditional GNSS market will be complemented with the field of Internet of Things, smart cities and Big Data. The next years will be crucial for consolidating the achievements and preparing the evolution of the programmes.
PURPOSE: adoption of a new financial and governance framework concerning the two European satellite radio navigation programmes, Galileo and EGNOS for the period 2014-2020.
LEGISLATIVE ACT: Regulation (EU) n° 1285/2013 of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council.
CONTENT: since the Galileo and EGNOS programmes are at an advanced development stage leading to systems in an exploitation phase, this Regulation aims to meet their needs, particularly in terms of governance and security, to satisfy the requirement for sound financial management and to promote the use of the systems.
The Galileo programme includes: (i) a definition phase which has been completed, (ii) a development and validation phase until 2013, (iii) a deployment phase which was launched in 2008 and is due for completion in 2020, and (iv) an exploitation phase which should be launched progressively from 2014-15 in order to have a fully operational system in 2020.
The system established under the Galileo programme will be a civil system under civil control and an a utonomous global navigation satellite system (GNSS) infrastructure. It must:
· offer an open service (OS), which is free of charge to the user and provide positioning and synchronisation information;
· contribute to integrity-monitoring services aimed at users of safety-of-life applications in compliance with international standards;
· offer a commercial service (CS) for the development of applications for professional or commercial use;
· offer a public regulated service (PRS) restricted to government-authorised users, for sensitive applications;
· contribute to the search and rescue support service (SAR) of the COSPAS-SARSAT system by detecting distress signals transmitted by beacons.
The EGNOS programme has been in the exploitation phase since its open service and 'safety of life' service were declared operational in October 2009 and March 2011 respectively.
The EGNOS system is a regional satellite navigation system infrastructure, monitoring and correcting open signals emitted by existing global satellite navigation systems, as well as the open service signals offered by the system established under the Galileo programme, when they become available.
EGNOS shall be provided within the Member States' territories geographically located in Europe as soon as possible . The geographical coverage of the EGNOS system may be extended to other regions of the world, in particular to the territories of candidate countries, subject to technical feasibility.
Financing: the Union shall finance the activities relating to Galileo and EGNOS programmes, without prejudice to any contribution from any other funding source.
The financial envelope is set at EUR 7 071.73 million in current prices for the period from 1 January 2014 to 31 December 2020, divided as follows:
· for the activities relating to the completion of the deployment phase of the Galileo programme, EUR 1 930 million;
· for the activities relating to the exploitation phase of the Galileo programme, EUR 3 000 million;
· for the activities relating to the exploitation phase of the EGNOS programme, EUR 1 580 million;
· for the activities relating to the management and monitoring of the Galileo and EGNOS programmes, EUR 561.73 million.
A maximum of EUR 100 million at constant prices will be used to finance activities relating to research and development of fundamental elements, such as Galileo-enabled chipsets and receivers.
Governance: public governance of the Galileo and EGNOS programmes shall be based on the principles of:
· a strict division of tasks and responsibilities between the various entities involved, in particular the Commission, the European GNSS Agency and ESA, under the overall responsibility of the Commission;
· strong control of programmes , including for strict adherence to cost and schedule by all the entities involved;
· optimisation and rationalisation of the use of existing structures , in order to avoid any duplications of technical expertise.
The Commission shall have overall responsibility for the Galileo and EGNOS programmes . It shall manage the funds allocated under this Regulation and oversee the implementation of all programme activities, in particular with respect to their cost, schedule and performance. It shall ensure the security of the Galileo and EGNOS programmes.
For its part, the European GNSS Agency shall ensure through its Security Accreditation Board, the security accreditation and also the promotion and marketing of the services.
For the deployment phase of the Galileo programme, the Union should conclude a delegation agreement with ESA setting out the tasks of ESA in that phase, in particular as regards the design, development and procurement of the system.
Public contracts: as the Galileo and EGNOS programmes will be, in principle, financed by the Union, public procurement under those programmes should comply with Union rules on public contracts and should aim, first and foremost, to obtain best value for money, control costs, mitigate risks, improve efficiency and reduce reliance on a single supplier.
Contracting authorities should, wherever appropriate, specify requirements relating to the reliability of supplies and of the provision of services .
In addition, they may, in the case of the purchase of goods and services of a sensitive nature, subject such purchase to specific requirements, particularly with a view to ensuring security of information . The total cost over the useful lifecycle of the product, service or work being tendered should also be taken into account.
Evaluation : by 30 June 2017, the Commission will present an evaluation report on the implementation of the Regulation. The evaluation shall also address technological developments relating to the systems.
ENTRY INTO FORCE: 23/12/2013. The Regulation is applicable from 01/01/2014.
DELEGATED ACT: the Commission will adopt delegated acts laying down the high level objectives necessary to ensure the security of the Galileo and EGNOS programmes. The power to adopt delegated acts is be conferred on the Commission for an indeterminate period from 1 January 2014. The European Parliament or the Council may object to a delegated act within two months of notification of that act (which may be extended by two months.) If Parliament or Council raise objections, the delegated act will not enter into force.
The European Parliament adopted by 603 votes to 29 with 59 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems.
Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary were the result of a compromise between Parliament and Council. They amend the Commission proposal as follows:
The European satellite navigation systems and programmes :
The system established under the Galileo programme shall be a civil system under civil control . GALILEO should contribute to integrity monitoring services aimed at users of safety-of-life applications in compliance with international standards.
The EGNOS system shall be a regional satellite navigation system infrastructure monitoring and correcting open signals emitted by existing global satellite navigation systems, as well as those of the open service offered by the system established under the Galileo programme, when they become available.
EGNOS’s functions shall be provided within the Member States' territories geographically located in Europe as soon as possible. The geographical coverage may be extended to other regions of the world, in particular to the territories of candidate countries, subject to technical feasibility and on the basis of international agreements.
Galileo programme phasing : these are as follows:
· a development and validation phase , to be completed by 31 December 2013 ;
· a deployment phase to be completed by 31 December 2020 , comprising the construction, establishment and protection of all space-based infrastructure (in particular of all the satellites necessary) and of all ground-based infrastructure and the related evolutive maintenance and operations;
· an exploitation phase to begin progressively between 2014 and 2015 with the provision of the initial services for the open service, search and rescue service and public regulated service.
The EGNOS exploitation phase mainly comprises: (i) the management, maintenance, continuous improvement, evolution and protection of the space-based infrastructure, and of the ground-based infrastructure; (ii) the provision and marketing of the services.
Ownership: the Union shall be the owner of all tangible and intangible assets created or developed under the programmes. The Commission shall ensure, through an appropriate framework, the optimal use of the assets; in particular, it shall manage the intellectual property rights related to the programmes as effectively as possible.
Financing: the Union shall finance the activities relating to Galileo and EGNOS programmes without prejudice to any contribution from any other funding source. The financial envelope is set at EUR 7 071.73 million in current prices for the period from 1 January 2014 to 31 December 2020 broken down as follows:
· for the activities regarding GALILEO deployment phase: EUR 1.93 billion at current prices;
· for the activities regarding GALILEO exploitation phase: EUR 3 billion at current prices;
· for the activities regarding EGNOS exploitation phase: EUR 1.58 billion at current prices;
· for the activities associated with the management and monitoring of the programmes: EUR 0.56173 billion at current prices.
In the interest of flexibility and to ensure a smooth running of the programmes, the Commission must be able to re-allocate funds from one category to another up to a ceiling of 10% of the total amount. It shall inform the European Parliament and the Council of any re-allocation of funds between categories of expenditure.
Governance of the programmes : public governance of the programmes shall be based on the principles of:
· a strict division of tasks and responsibilities between the various bodies involved, in particular the Commission, the European GNSS Agency and the ESA, under the overall responsibility of the Commission;
· sincere cooperation between these bodies and the Member States;
· strong control of programmes, including for strict adherence to cost and schedule by all the bodies involved;
· rationalisation of the use of existing structures, in order to avoid any duplications of technical expertise;
· the use of the best practice project management systems and techniques to oversee the implementation of the programmes.
Role of the Commission : the Commission will have the overall responsibility for the programmes. It shall manage the funds and oversee the implementation of all programme activities, in particular with respect to the cost, schedule and performance. In this context, it must provide the Member States and the European Parliament, in a timely manner, with all relevant information pertaining to the programmes.
The Commission must also ensure the security of the programmes , including the security of the systems and their operation. It must determine the location of the ground-based infrastructure of the systems in accordance with security requirements, following an open and transparent process and ensure its operation.
The role of the European GNSS Agency : the Agency must:
· ensure security accreditation through its Security Accreditation Board, and the operation of the Galileo Security Monitoring Centre;
· contribute to the promotion and marketing of services including by (i) establishing close contacts with users and potential users of the European GNSS and (ii) drawing up an action plan for the adoption by user community, comprising in particular relevant actions relating to standardisation and certification.
The role of the European Space Agency : for the deployment phase of the Galileo programme the Commission shall without delay conclude a delegation agreement with the ESA detailing the latter’s tasks, in particular as regards the design, development and procurement of the system.
The ESA will cooperate with the European GNSS Agency on the basis of working arrangements with the ESA setting out the latter's tasks. The working arrangements shall address the ESA's role in particular as regards:
· conception, design, monitoring, procurement and validation in the framework of the development of future generations of the systems;
· technical support in the framework of operation and maintenance of the existing generation of the systems.
Public procurement : in order to reduce the risk of poor contract performance or of non-performance, contracting authorities should, wherever appropriate, specify requirements related to the reliability of supplies and of the provision of services.
In addition, in the case of purchases of goods and services of a sensitive nature, they may subject such purchases to specific requirements, particularly with a view to ensuring security of information.
In order to better evaluate the total cost of a product, service or work being tendered, including their long term operational cost, the total cost over the useful life-cycle of the product, service or work being tendered should be taken into account.
Review: by 30 June 2017, the Commission shall present an evaluation report on the implementation of the Regulation. The evaluation shall also address technological developments relating to the systems.
The Committee on Industry, Research and Energy adopted the report by Marian-Jean MARINESCU (EPP, RO) on the proposal for a regulation of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems.
The committee recommends that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
The European satellite navigation systems and programmes :
1) The system established under the Galileo programme shall be a civil system under civil control and an autonomous global navigation satellite system (GNSS) infrastructure consisting of a constellation of satellites and a global network of ground stations.
Amongst other things, the GALILEO programme should contribute to integrity monitoring services aimed at users of safety-of-life applications in compliance with international standards.
2) The EGNOS system shall be a regional satellite navigation system infrastructure monitoring and correcting open signals emitted by existing global satellite navigation systems, as well as those of the open service offered by the system established under the Galileo programme, when they become available.
The EGNOS programme must ensure that the signals emitted by the EGNOS system can be used to fulfil certain functions and must as a priority , provide these functions within the area of the Member States' territories geographically located in Europe as soon as possible . The geographical coverage of the EGNOS system may be extended to other regions of the world, in particular to the territories of candidate countries, subject to technical feasibility and on the basis of international agreements.
Galileo programme phasing : the development and validation phase is scheduled to be completed by 2013, while the deployment phase is to be completed by 2020.
The latter must comprise the construction, establishment and protection of all ground-based infrastructures, in particular of the infrastructures required to control the satellites and related evolutive maintenance and operations.
The exploitation phase shall begin progressively between 2014 and 2015 with provision of the initial services for the open service, search and rescue service and public regulated service.
Ownership: the Union shall be the owner of all tangible and intangible assets created or developed under the programmes. The Commission shall ensure, through an appropriate framework, the optimal use of the assets; in particular, it shall manage the intellectual property rights related to the programmes as effectively as possible.
Financing: the Union shall finance the activities relating to Galileo and EGNOS programmes without prejudice to any contribution from any other funding source.
The financing shall be broken down as follows:
· for the activities regarding GALILEO deployment phase: EUR 1.93 billion at current prices;
· for the activities regarding GALILEO exploitation phase: EUR 3 billion at current prices;
· for the activities regarding EGNOS exploitation phase: EUR 1.58 billion at current prices;
for the activities associated with the management and monitoring of the programmes: EUR 0.56173 billion at current prices.
In the interest of flexibility and to ensure a smooth running of the programmes, the Commission must be able to re-allocate funds from one category to another up to a ceiling of 10% of the total amount. It shall inform the European Parliament and the Council of any re-allocation of funds between categories of expenditure.
Governance of the programmes : public governance of the programmes shall be based on the principles of:
· a strict division of tasks and responsibilities between the various bodies involved, in particular the Commission, the European GNSS Agency and the ESA, under the overall responsibility of the Commission;
· sincere cooperation between these bodies and the Member States;
· strong control of programmes, including for strict adherence to cost and schedule by all the bodies involved, within their fields of responsibility, with respect to the objectives of the programmes;
· optimisation and rationalisation of the use of existing structures, in order to avoid any duplications of technical expertise;
· the use of the best practice project management systems and techniques to oversee the implementation of the programmes.
Role of the Commission : the Commission will have the overall responsibility for the programmes. It shall manage the funds allocated under this Regulation and oversee the implementation of all programme activities, in particular with respect to the cost, schedule and performance. In this context, it must provide the Member States and the European Parliament, in a timely manner, with all relevant information pertaining to the programmes.
The Commission must also ensure the security of the programmes, including the security of the systems and their operation.
The role of the European GNSS Agency : this Agency must perform the following tasks:
· ensure security accreditation through its Security Accreditation Board, and the operation of the Galileo Security Monitoring Centre;
· contribute to the promotion and marketing of services including by carrying out the necessary market analysis, in particular through the market report produced annually by the European GNSS Agency on the market for applications and services, by establishing close contacts with users and potential users of the systems with a view to collecting information on their needs, and by drawing up an action plan for the adoption by user community, comprising in particular relevant actions relating to standardisation and certification.
The European GNSS Agency shall enter into the working arrangements with the ESA that are necessary for the fulfilment of their respective tasks under this Regulation for the exploitation phase of the programmes.
The role of the European Space Agency : for the deployment phase of the Galileo programme the Commission shall without delay conclude a delegation agreement with the ESA detailing the latter’s tasks, in particular as regards the design, development and procurement of the system.
For the exploitation phase of the programmes, the European GNSS Agency should conclude working arrangements with the ESA setting out the latter's tasks. The working arrangements shall address the ESA's role in particular as regards:
· conception, design, monitoring, procurement and validation in the framework of the development of future generations of the systems;
· technical support in the framework of operation and maintenance of the existing generation of the systems.
Public procurement : in order to reduce the risk of poor contract performance or of non-performance, contracting authorities should, wherever appropriate, specify requirements related to the reliability of supplies and of the provision of services.
In addition, in the case of purchases of goods and services of a sensitive nature, contracting authorities may subject such purchases to specific requirements, particularly with a view to ensuring security of information
In order to better evaluate the total cost of a product, service or work being tendered, including their long term operational cost, the total cost over the useful life-cycle of the product, service or work being tendered should be taken into account.
The Council took note of the state of play on the draft Regulation defining a new financial and governance framework for the European satellite navigation systems (EGNOS and Galileo), for the period covered by the multi-annual financial framework 2014-2020.
In June 2012, the Council agreed on a partial general approach to the draft Regulation, leaving out, for the time being, the financial envelope for the satellite navigation programmes.
Parliament could accept a significant part of the Council's partial general approach , and agreement could also be reached on a number of technical issues. However, the following issues in particular remain to be settled:
Maximisation of the socio-economic benefits from the programmes through the development of applications: Parliament considers that applications are the only way to show the citizens the socio-economic benefits they can obtain from Galileo and EGNOS and that it would not be worth to have a system up and running if it could not be used for services and related applications. Breakdown of activities and of the funds to be assigned to the programmes: Parliament considers that, in order to ensure transparency and accountability as regards the use of taxpayers ’ money allocated to the programmes, activities and funds should be broken down in a clear and detailed manner, including the amount to be allocated to the financing of the development of applications. Governance of the programmes: Parliament considers that the EU GNSS Agency should play a crucial role to ensure the maximisation of the socio-economic benefits of the programmes. Extension of the EGNOS coverage to candidate countries, third countries belonging to the Single European Sky and countries of the European Neighbourhood Policy: Parliament attaches the utmost importance to such an extension and wants to reinforce the relevant provisions in the draft Regulation. The issue of powers to be delegated to the Commission for certain decisions concerning the implementation of the Regulation: Parliament considers that a number of measures and requirements should be established and amended by the Commission using only the delegated acts procedure, in order to guarantee Parliament’sfull involvement in the programmes.
The Council is invited to take note of the content of the progress report with a view to inviting the Council’s preparatory bodies to continue the negotiations with Parliament in order to reach an agreement as soon as possible on this file .
Any subsequent progress is closely linked to the result of the negotiations under way on the next multiannual financial framework (MFF) . No decision can be taken for as long as the amount to be assigned in the MFF to satellite navigation remains unknown. For this reason, any agreement reached between the two colegislators may have to be reviewed.
The Council agreed on a partial general approach on a draft regulation defining a new financial and governance framework for the European satellite navigation systems (EGNOS and Galileo), for the period covered by the multiannual financial framework 2014-2020. The regulation will replace the current 2008 basic regulation for the European satellite navigation programmes, adopted in 2008 and covering the years 2007 to 2013.
Subcontracting: as a result of ministers' discussions, the presidency compromise proposal has been slightly amended as regards the provision on subcontracting under the procurement rules. In order to foster participation of small and medium-sized enterprises, it has been specified that subcontracting should be made by competitive tendering "at the appropriate levels of subcontracting".
Security accommodation : in addition, a statement on security accreditation activities was adopted, inviting the Commission to present a proposal so as to ensure that compliance of the systems with the security requirements is checked in an independent manner.
Financing : the programmes will be financed from the EU budget, with resources needed for the period 2014- 2020 estimated at around EUR 7.9 billion at current prices. The exact amount of funding to be made available by the EU is left out of the partial general approach, as it will depend on the outcome of the discussions on the next multiannual financial framework. Additional funding may be provided by member states to cover additional elements in particular cases. Third countries and international organisations may also make additional contributions.
Activities : the activities to be financed under the regulation concern the completion of the deployment phase of Galileo (that is, the establishment of space and ground-based infrastructures) and the exploitation of the Galileo and EGNOS systems.
Governance : the governance tasks will be clearly divided between the Commission, the European Space Agency and the European GNSS Agency:
the Commission will bear the overall responsibility, managing the funds, organising the delegation of tasks, monitoring the implementation of programmes and ensuring their security; the European GNSS Agency will be responsible for tasks related to the exploitation phase of the Galileo and EGNOS programmes, including programme management and marketing of services. The implementation of security procedures will also be part of its remit; the European Space Agency will be responsible for tasks related in particular to the design and procurement of the system during the deployment phase of the Galileo programme. In addition, it will cooperate with the GNSS Agency in the exploitation of the Galileo and EGNOS programmes, in particular as regards technical support and future technical development.
Public procurement : the draft regulation also contains rules on public procurement in the programmes, promoting the widest participation possible throughout the Union and ensuring fair competition conditions. Tenderers will be asked to subcontract a share of the contract.
Galileo will be an independent European global satellite-based navigation system, providing five services: (i) an open service (OS) free for the user and providing signals for timing and positioning; (ii) a commercial service (CS) for applications for professional or commercial use requiring higher performance than offered by the open service; (iii) public regulated service (PRS) using strong, encrypted signals and restricted to government-authorised users; (iv) a contribution to the international search and rescue service (S&R) system by detecting emergency signals; and (v) a contribution to integrity monitoring services aimed at users of safety-of-life (SoL) applications; the SoL function, which will be provided in cooperation with the American GPS, allows users for whom safety is essential, for instance airlines or maritime companies, to be alerted when certain margins of accuracy are not met.
The first initial services (OS, PRS and S&R) are due to be available by 2014-2015 . The system will be fully operational when all satellites are in place. This should be achieved in 2019/2020.
The Commission pointed out that it had some misgivings about the general approach agreed upon by the Council, in particular as regards the lack of delegation of powers to the Commission for the amendment of certain elements of the regulation
The partial general approach still needs to be complemented by a provision on the financial envelope . One delegation, which is in principle in favour of the text, abstained for the time being, pending the decision on the budgetary part.
The Commission presented its proposal for a regulation on the implementation and exploitation of the European satellite navigation programmes EGNOS and Galileo to ministers. The proposal, which will replace Regulation (EC) No 683/2008, establishes in particular the rules for the financing and governance of the programmes for the period 2014 to 2020.
The incoming Danish presidency will continue work on this proposal.
PURPOSE: to propose a new financial and governance framework concerning the two European satellite radio navigation programmes, Galileo and EGNOS (GPS signal augmentation) for the period 2014-2020.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: Regulation (EC) No 683/2008 defines the framework for the public governance and financing of the Galileo and EGNOS programmes. In particular, it allocates EUR 3405 million for the period from 1 January 2007 to 31 December 2013 .
As provided for in the Regulation, the Commission adopted a report to the European Parliament and to the Council on the mid-term review of the European satellite navigation programmes on 18 January 2011. As a result of this report, the Council, among other things, expressed its support once again for the European satellite navigation programmes as defined in Regulation (EC) No 683/2008. It also noted the overall cost estimates and the fact that the Commission would submit a proposal including changes to the governance model with a view to the next multiannual financial framework.
For its part, in its resolution adopted on 8 June 2011, the Parliament also restated its support for the European satellite navigation programmes and considered that it should be principally funded by the Union budget. It asked the Commission to submit legislative proposals quickly with particular emphasis on the need to provide a long-term, stable framework, in particular for operation of the systems.
In its Communication dated 29 June 2011, accompanied by a proposal for a Council Regulation of the same date, the Commission proposed to assign EUR 7 000 million to the financing of the European satellite navigation programmes during the next multiannual financial framework for the 2014-2020 period. Nevertheless, it indicated here that it is necessary to maintain efforts to control costs and that new management procedures should be planned for the long-term. It should be noted that this sum of EUR 7 000 million, at 2011 constant prices, is an absolute ceiling and corresponds to a sum of EUR 7 897 million at current prices.
The Commission recalls that it should be borne in mind that the Galileo and EGNOS programmes are flagship projects of the Union and fit in perfectly with the Europe 2020 strategy and policies for sustainable development. It should also be emphasised that the European satellite navigation programmes does not only concern the Member States with the greatest involvement in the space field: they concern all the Member States of the Union directly. As part of Europe 2020's f lagship initiative 'An Industrial Policy for the Globalisation Era' the Commission is responsible for developing an effective space policy to provide the tools to address some of the key global challenges and in particular to deliver Galileo.
IMPACT ASSESSMENT: the impact assessment focused on the continued implementation of the programmes and on two particular key problems: i) firstly, the configuration of future services, given that the budget allocated for the period 2008-2013 is insufficient to complete the infrastructure of the system established under the Galileo programme and to ensure the operation of EGNOS; and ii) the definition of the operational governance model and the financing required.
On the first point :
concerning the system established under the Galileo programme, evaluation of the various options has shown that the best option is to retain the services initially specified, with the exception of the (Safety of Life) SoL service. This solution, which requires less infrastructure on the ground, reduces the costs; with regard to EGNOS, the system is already operational and many users are enjoying its benefits. In addition, when the SoL service was declared operational, the Commission gave assurances regarding the continuity of this service to users who went on to make significant investments. Ending the EGNOS programme is not an option in this context.
On the second point , the impact assessment concluded that the Commission, representing the Union, should remain responsible for the programmes while the Union continues to ensure their funding alone, as proposed by the Commission.
LEGAL BASIS: Article 172 of the Treaty on the Functioning of the European Union (TFEU).
CONTENT:
The proposed Regulation meets the requests of the Parliament and the Council while taking into account the contents of the Commission Communication of 29 June 2011. It is the basic act for European satellite navigation programmes for the period covered by the next multiannual financial framework, providing in particular for funding and the governance model for the programmes . Given the magnitude of the changes to be made to Regulation (EC) No 683/2008, it was deemed necessary to propose that it be replaced with a new Regulation rather than amended.
The Commission proposes to earmark EUR 7 000 million (EUR 7 897 million in current prices) to guarantee the completion of the EU satellite navigation infrastructure and to ensure the exploitation of the systems until 2020 , such as the operations of the space and terrestrial infrastructures, the necessary replenishment/replacement activities, certification procedures, and notably the provision of services.
The proposal also recalls that the Union remains the owner of the systems. Therefore the management of the programmes' exploitation should be delegated to the European GNSS Agency while management of the programmes' deployment should be delegated to the European Space Agency .
In order to enable the European Parliament and the Council to gain a full picture of the conditions under which the European GNSS Agency would be obliged to carry out the tasks entrusted to it under the new governance model, particularly concerning resources, the Commission will submit a proposal in 2012 for the amendment of Regulation (EU) No 912/2010 and of the associated financial statement.
BUDGETARY IMPACT: the Union will continue to finance the Galileo and EGNOS programmes alone. Its contribution to the programmes for the period 2014-2020 shall not exceed EUR 7 897 million at current prices. It covers three main activities, namely, completion of the deployment phase of the Galileo programme, the exploitation phase of the same programme and operation of the EGNOS system. The latter includes ongoing improvement of the services provided by the system in order to meet the changing needs of users.
Retaining the expertise acquired within the Commission is an essential factor in ensuring the continuity of the programmes. Consequently, the Commission will retain temporary agents currently in employment for periods to be determined in accordance with the various phases of the programmes and will transfer personnel to the European GNSS Agency.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Contribution: COM(2017)0616
- Follow-up document: COM(2017)0616
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2017)0346
- Commission response to text adopted in plenary: SP(2014)87
- Final act published in Official Journal: Regulation 2013/1285
- Final act published in Official Journal: OJ L 347 20.12.2013, p. 0001
- Draft final act: 00026/2013/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0477/2013
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0321/2013
- Debate in Council: 3213
- Committee opinion: PE483.662
- Committee opinion: PE489.360
- Amendments tabled in committee: PE492.596
- Committee opinion: PE487.670
- Debate in Council: 3171
- Committee draft report: PE489.561
- Economic and Social Committee: opinion, report: CES0837/2012
- Contribution: COM(2011)0814
- Debate in Council: 3134
- Document attached to the procedure: SEC(2011)1446
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1447
- Legislative proposal published: COM(2011)0814
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2011)1446 EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2011)1447
- Economic and Social Committee: opinion, report: CES0837/2012
- Committee draft report: PE489.561
- Committee opinion: PE487.670
- Amendments tabled in committee: PE492.596
- Committee opinion: PE489.360
- Committee opinion: PE483.662
- Draft final act: 00026/2013/LEX
- Commission response to text adopted in plenary: SP(2014)87
- Follow-up document: COM(2017)0616 EUR-Lex
- Follow-up document: EUR-Lex SWD(2017)0346
- Contribution: COM(2011)0814
- Contribution: COM(2017)0616
Activities
- Paul RÜBIG
Plenary Speeches (2)
- Silvia-Adriana ȚICĂU
Plenary Speeches (2)
- Oldřich VLASÁK
Plenary Speeches (2)
- Jacky HÉNIN
Plenary Speeches (1)
- Jolanta Emilia HIBNER
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
Votes
A7-0321/2013 - Marian-Jean Marinescu - Vote unique #
Amendments | Dossier |
183 |
2011/0392(COD)
2012/05/07
BUDG
9 amendments...
Amendment 24 #
Proposal for a regulation Recital 4 a (new) (4a) These programmes should receive suitable funding owing to their importance, their European dimension and their intrinsic European added value.
Amendment 25 #
Proposal for a regulation Recital 13 (13) The deployment and exploitation phases of the Galileo programme and the exploitation phase of the EGNOS programme should, in principle, be entirely financed by the Union. However in accordance with Regulation (E
Amendment 26 #
Proposal for a regulation Recital 14 (14) Given the long lead times involved and the levels of capital investment already committed to these projects, sufficient and consistent financial commitments over financial planning periods are required in order to ensure planning continuity, the organizational stability of the programmes and the security of European infrastructures, theirs systems and theirs functioning. In order to guarantee the continuation of the programmes, an appropriate financial framework must be established to allow the Union to continue to finance them. It is also necessary to indicate the amount of money required between 1 January 2014 to 31 December 2020 to finance completion of the deployment phase of the Galileo programme and operation of the systems.
Amendment 27 #
Proposal for a regulation Recital 27 (27) In order to allocate the Union funds attributed to the programmes with a ceiling total that the Commission must not exceed, effective public procurement procedures must be applied and, in particular, contracts negotiated so as to ensure optimum use of resources, satisfactory services, smooth running of programmes, good risk management and compliance with the proposed schedule. Also, precise assessment criteria should be included in each and every public procurement procedure. The contracting authority must make every effort to meet these requirements.
Amendment 28 #
Proposal for a regulation Article 3 – paragraph 1 a (new) Amendment 29 #
Proposal for a regulation Article 4 – paragraph 1 a (new) The following indicators and targets shall be used, inter alia, to measure the degree of attainment of the specific objectives of the EGNOS programme: - number of changes in services presented to the certification authorities: 3 in 2014- 2020; - number of airports using the Safety of Life service (SoL).
Amendment 30 #
Proposal for a regulation Article 7 – paragraph 3 3. In order to allow the costs of the programmes and of the different phases of the programmes to be clearly identified, the Commission, in accordance with the principle of transparent management, shall inform the budgetary authority and the Committee referred to in Article 35(1) annually of the allocation of Union funds to each of the activities specified in paragraphs 1 and 2. (This amendment applies throughout the text in: Article 8 - paragraph 2, Article 16 - paragraph 4, Justification remains the same.)
Amendment 31 #
Proposal for a regulation Article 8 – paragraph 2 2. The Member States may provide
Amendment 32 #
Proposal for a regulation Article 16 – paragraph 4 4. The budgetary authority and the Committee referred to in Article 35(1) shall be informed by the Commission of the interim and end results of the evaluation of the procurement tenders and of the contracts with private sector entities to be concluded by European Space Agency.
source: PE-489.345
2012/06/13
TRAN
38 amendments...
Amendment 25 #
Proposal for a regulation Recital 1 (1) Whereas: The aim of the European satellite navigation policy is to provide the Union with two satellite navigation systems, the system established under the Galileo programme and the EGNOS system (hereinafter 'the systems'). These systems arise respectively from the Galileo and EGNOS programmes (hereinafter 'the programmes'). Each infrastructure is made up of satellites and a network of earth stations. Both of these infrastructures have applications in a variety of fields of activity. The Member States of the European Union should therefore undertake to use the existing or planned navigation systems effectively and equally to monitor and control the transport of animals in Europe.
Amendment 26 #
Proposal for a regulation Recital 6 (6) The systems established under the European satellite navigation programmes are infrastructures set up as trans-European networks of which the usage extends well beyond the national boundaries of the Member States and their trans-border application should be a matter of priority. Furthermore, the services offered through these systems contribute, in particular, to the development of trans-
Amendment 27 #
Proposal for a regulation Recital 6 a (new) (6a) The Galileo and EGNOS programmes are particularly important in transport applications, including intelligent transport systems. In the road transport sector, they are crucial for the improvement of road safety and traffic management and the reduction of congestion, travel times and fuel consumption. In the rail transport sector, they can enable the automation of track surveillance, improve safety, reduce delays and operating costs and offer passengers more accurate information. In the maritime and inland waterways sectors, they can enhance maritime safety, improve port handling capacity and provide accurate positioning information in emergency situations. In the air transport sector, they encourage and enable the use of small and peripheral airports by civil aviation and play an integral role in the development of the Single Sky Policy. Given the increased demand for an efficient and integrated European transport network, it is imperative to ensure that transport applications enabled by the Galileo and EGNOS systems continue to be developed. This will allow the citizens of the Union to reap the benefits derived from the systems, and ensure that public confidence in the programmes is maintained. The Galileo and EGNOS programmes are also important for making transport more secure by permitting permanent tracking of container fleets in the maritime application, or for making navigation more accurate in launcher trajectory management in the space sector.
Amendment 28 #
Proposal for a regulation Recital 8 (8) Given the increasing usage of satellite navigation across a great number of fields of activity, an interruption in the supply of services could lead to significant harm to modern society and result in losses for many economic operators. In addition, due to their strategic aspect, satellite navigation systems are sensitive infrastructures, that could be susceptible to malicious use. The abovementioned aspects could affect the security of the Union and its Member States. Security requirements must therefore be taken into account in the design, implementation and operation of the infrastructures emerging from the Galileo and EGNOS programmes.
Amendment 29 #
Proposal for a regulation Recital 11 (11) In order to optimise the use of the services provided, the systems, networks and services emerging from the Galileo and EGNOS programmes must be compatible and interoperable with one another and
Amendment 30 #
Proposal for a regulation Recital 12 (12) Since the Union is responsible, in principle, for financing the programmes in full, it should be transparent and provision should be made for it to own all tangible and intangible assets created or developed under these programmes. In order to comply fully with any fundamental rights relating to ownership, the necessary arrangements with existing owners should be made, particularly for essential elements of the infrastructures and their security. In order to facilitate adoption of satellite navigation by the markets, there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising
Amendment 31 #
Proposal for a regulation Recital 19 (19) In addition the revenue generated by the systems should accrue to the Union in order to compensate for the investments that it has made previously. A revenue- sharing mechanism
Amendment 32 #
Proposal for a regulation Recital 35 (35) It is necessary to ensure that the European Parliament and the Council are kept regularly informed about the implementation of the programmes, with particular reference to the specific objectives of the two programmes regarding SoL (‘Safety of Life’) services. In addition, the European Parliament, the Council and the Commission will meet in the Galileo Interinstitutional Panel in accordance with the Joint declaration on
Amendment 33 #
Proposal for a regulation Recital 35 (35)
Amendment 34 #
Proposal for a regulation Article 1 – paragraph 1 1. The Galileo and EGNOS programmes shall cover the development of applications and all the activities needed to define, develop, validate, construct, operate, renew a
Amendment 35 #
Proposal for a regulation Article 1 – paragraph 1 1. The Galileo and EGNOS programmes shall cover all the activities needed to define, develop, validate, construct, operate, renew and improve the two European satellite navigation systems, namely the system established under the Galileo programme and the EGNOS system, and to ensure their security and interoperability.
Amendment 36 #
Proposal for a regulation Article 1 – paragraph 4 – point b (b) to offer a safety-of-life service (SoL) free of charge and aimed at users for whom safety is essential
Amendment 37 #
Proposal for a regulation Article 1 – paragraph 5 – subparagraph 1 – point c (c) to offer a safety-of-life service (SoL)
Amendment 38 #
Proposal for a regulation Article 1 – paragraph 5 – subparagraph 2 The EGNOS programme also has the
Amendment 39 #
Proposal for a regulation Article 2 This Regulation lays down the rules in relation to the implementation and operation of the systems under the European satellite navigation programmes throughout EU territory, in particular those relating to the governance and the financial contribution of the Union.
Amendment 40 #
Proposal for a regulation Article 3 – paragraph 1 – point d (d) an exploitation phase ensuring the successful deployment of applications. It will compris
Amendment 41 #
Proposal for a regulation Article 5 – paragraph 2 2. The systems, networks and services resulting from the Galileo and EGNOS programmes shall
Amendment 42 #
Proposal for a regulation Article 6 – paragraph 2 In particular, the Commission shall ensure
Amendment 43 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (ca) activities relating to applications' research and development, and ensure the adoption of the European GNSS.
Amendment 44 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. The Union budget appropriations assigned to the programmes may also cover Commission expenditure relating to preparation, monitoring, supervision, inspection, audit and assessment activities required for their management and the implementation of the objectives, in particular expenditure covering:
Amendment 45 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (aa) Research and development in the field of GNSS applications to foster the development of applications based on EGNOS and Galileo;
Amendment 46 #
Proposal for a regulation Article 8 – paragraph 2 2. The Member States may provide additional funding to the Galileo programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent management, the Commission shall communicate any impact on the Galileo programme resulting from the application of this paragraph to the European Parliament, the Council and the Committee in accordance with Article 35 (1) of this Regulation.
Amendment 47 #
Proposal for a regulation Article 9 – paragraph 2 2. The Member States can provide additional funding to the EGNOS programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent management, the Commission shall communicate any impact on the EGNOS programme resulting from the application of this paragraph to the European Parliament, the Council and the Committee in accordance with Article 35 (1) of this Regulation.
Amendment 48 #
Proposal for a regulation Article 11 – paragraph 2 2. A revenue-sharing mechanism may be provided for in contracts concluded with private sector entities and shall be proportional to the investments by the public and private sectors.
Amendment 49 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission is responsible for the progress of the programmes. It manages the funds allocated to them under this Regulation and monitors the implementation of all programme activities and objectives.
Amendment 50 #
Proposal for a regulation Article 18 – paragraph 3 Amendment 51 #
Proposal for a regulation Article 20 – paragraph 1 – point b (b) to avoid possible abuse of dominance and
Amendment 52 #
Proposal for a regulation Article 20 – paragraph 1 – point c a (new) (c a) to pursue dual sourcing, wherever appropriate, in order to reduce dependency on a single supplier and ensure better overall control of the programmes, their costs and time- schedule, a method which, where possible and relevant, should be set out as a specific selection criterion in the call for tender.
Amendment 53 #
Proposal for a regulation Article 22 – paragraph 2 2. A conditional stage-payment contract includes a fixed stage which is accompanied by a budgetary commitment and
Amendment 54 #
Proposal for a regulation Article 22 – paragraph 4 a (new) 4a. Where with regard to a particular stage the contracting authority notes that works and services agreed for that stage have not been realised, it may claim damages and terminate the contract.
Amendment 55 #
Proposal for a regulation Article 24 – paragraph 1 – point b a (new) (ba) the value of the contract does not increase by more than 10% of the initially agreed amount;
Amendment 56 #
Proposal for a regulation Article 25 – paragraph 1 Amendment 57 #
Proposal for a regulation Article 25 – paragraph 1 1. The contracting authority may ask each tenderer to subcontract part of the contract, at different levels, to companies which do not belong to the group to which
Amendment 58 #
Proposal for a regulation Article 25 – paragraph 1 a (new) 1a. If the tenderer indicates in its tender that it intends not to sub-contract any share of the contract, not to sub-contract to any SME or new entrant or intends to subcontract a share below the minimum percentage, as referred to in paragraph 1, it shall provide the reasons therefore to the contracting authority. The contracting authority shall submit that information to the Commission.
Amendment 59 #
Proposal for a regulation Article 29 – paragraph 1 In order to complete the technical tasks referred to in Article 13(2), the Commission may have recourse to the necessary assistance, in particular the assistance of experts from the national agencies competent in the space sector, independent experts and bodies c
Amendment 60 #
Proposal for a regulation Article 30 – paragraph 1 1. The Commission shall ensure that personal data and privacy is protected during the design and implementation of the systems and that the appropriate guarantees are included therein, so as to protect the confidentiality of such data.
Amendment 61 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 The evaluation shall also address technological developments in this area, the scope for simplification, its internal and external coherence, the relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account evaluation results on the long-term impact of the previous measures..
Amendment 62 #
Proposal for a regulation Article 34 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 5 and 14 shall be conferred on the Commission for a
source: PE-489.681
2012/06/14
AFET
32 amendments...
Amendment 12 #
Proposal for a regulation Recital 2 (2) The aim of the Galileo programme 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 European actors, states and agencies, as well as for security and defence applications, crisis and humanitarian operations. The system established under the Galileo programme is completely independent of other existing or potential systems.
Amendment 13 #
Proposal for a regulation Recital 2 (2) The aim of the Galileo programme is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes. The system established under the Galileo programme is completely independent of other existing or potential systems and it is of key importance for the EU's strategic autonomy.
Amendment 14 #
Proposal for a regulation Recital 3 a (new) (3a) The Union recognises that, by definition, no space policy can be undertaken in isolation from other relevant actors in space. International co- operation is a fundamental part of the Galileo programme and the Commission, working closely with the European Space Agency (ESA) and the European External Action Service (EEAS), should continue to lead on space dialogues with strategic partners and emerging space powers.
Amendment 15 #
Proposal for a regulation Recital 4 a (new) (4a) The Council, in its Conclusions on Common Security and Defence Policy of 1 December 2011, emphasised the growing demand for the European Union to become a more capable, coherent and strategic global actor, reiterated the continuing need for a comprehensive approach and underlined the importance of the common security and defence policy (CSDP) which needs to be underpinned by sufficient and adequate capabilities – in terms of personnel, assets and intelligence analytical support. Moreover, the Council welcomed Member States' commitments in specific concrete projects, facilitated by the European Defence Agency (EDA) like in the fields of: Intelligence, Surveillance and Reconnaissance including Space Situational Awareness and Military Satellite Communications, and stated that it looked forward to the concrete definition of these projects as soon as possible, as well as the development of other pooling projects on the basis of existing initiatives, such as: maritime surveillance and Satellite Communication.
Amendment 16 #
Proposal for a regulation Recital 4 b (new) (4b) The Council, in its 7th Space Council Resolution of 25 November 2010, invited the European Commission, the European Council, assisted by EDA, together with Member States and the European Space Agency (ESA), to explore ways to support current and future capability needs for crisis management through cost-effective access to robust, secure and reactive space assets and services (integrating global satellite communications, Earth observation, positioning and timing), taking full advantage of dual-use synergies as appropriate. Accordingly, it welcomed the growing support of the EU Satellite Centre (EUSC) to EU missions and operations and recommended the setting up of appropriate arrangements to improve the effectiveness of EUSC service provision to EU missions and operations, and to facilitate access to national programme imagery. In addition, the Council acknowledged the increasing dependence of the European economy and policies, in particular the Common Foreign and Security Policy, on space assets and the critical nature of space infrastructures for autonomous European decision-making, and the need to define and introduce appropriate measures to monitor and protect these assets, including at the outset of their development.
Amendment 17 #
Proposal for a regulation Recital 5 (5) Since the programmes are at an advanced development stage leading to systems in an exploitation phase, a specific legal basis is required which can meet their needs, particularly in terms of governance, mutual ownership and utilisation, as well as security of the systems, and to satisfy the requirement for sound financial management.
Amendment 18 #
Proposal for a regulation Recital 8 (8) Given the increasing usage of satellite navigation across a great number of fields of activity, an interruption in the supply of
Amendment 19 #
Proposal for a regulation Recital 8 (8) Given the increasing usage of satellite navigation across a great number of fields of activity, an interruption in the supply of services could lead to significant harm to modern society. In addition, due to their strategic aspect, satellite navigation systems are sensitive infrastructures, that could be susceptible to malicious use. The abovementioned aspects could affect the security of the Union and its Member States. Security requirements must therefore be taken into account in the design, implementation and operation of the infrastructures emerging from the
Amendment 20 #
Proposal for a regulation Recital 8 (8) Given the increasing usage of satellite navigation across a great number of fields of activity, an interruption in the supply of services could lead to significant harm to modern society. In addition, due to their strategic aspect, satellite navigation systems are sensitive infrastructures, that could be susceptible to malicious use by state and non-state actors. The abovementioned aspects could affect the security of the Union
Amendment 21 #
Proposal for a regulation Recital 11 (11) In order to optimise the use of the services provided, the systems, networks and services emerging from the Galileo
Amendment 22 #
Proposal for a regulation Recital 12 (12) Since the Union is responsible, in principle, for financing the programmes in full, the governance and operation of the European GNSS should remain under civilian control within the Union and provision should be made for it to own all tangible and intangible assets created or developed under these programmes. In order to comply fully with any fundamental rights relating to ownership, the necessary arrangements with existing owners should be made, particularly for essential elements of the infrastructures and their security. In order to facilitate adoption of satellite navigation by the markets, there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising from the programmes which belong to the Union, in particular at social and economic level.
Amendment 23 #
Proposal for a regulation Recital 12 a (new) (12a) Galileo is the first complete civil positioning system. However, certain services of Galileo, particularly PRS, are of a dual-use nature and can also be used for defence purposes within the Member States and support CSDP missions, including crisis-management operations. Galileo will be of key importance in the event of implementation of Union solidarity and mutual-assistance clauses, as provided for by Article 222 of the Treaty on the Functioning of the European Union and Article 42 (7) of the Treaty on European Union, respectively.
Amendment 24 #
Proposal for a regulation Recital 13 (13) The deployment and exploitation phases of the Galileo programme and the exploitation phase of the EGNOS programme should, in principle, be entirely financed by the Union. However in accordance with Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the financial regulation applicable to the general budget of the European Communities, the Member States should be able to provide additional funding to the programmes or a contribution in kind, on the basis of appropriate agreements, in
Amendment 25 #
Proposal for a regulation Recital 17 (17) It is important to note that the investment and operating costs of the systems as estimated for the period 2014- 2020 do not take account of unforeseen financial obligations which the Union may be obliged to bear, in particular those relating to non-contractual liability arising from the public ownership of the systems, especially with regard to force majeure and catastrophic failure. These obligations are the subject of a specific analysis by the Commission and will be communicated to the Council and the European Parliament in due time.
Amendment 26 #
Proposal for a regulation Recital 25 (25) Responsibility for the progress of the programmes includes, in particular, responsibility for their security and the security of their systems and operation. Except in the case of application of Joint Action 2004/552/CFSP of 12 July 2004 on aspects of the operation of the European satellite radio-navigation system affecting the security of the European Union, which
Amendment 27 #
Proposal for a regulation Recital 25 (25) Responsibility for the progress of the programmes includes, in particular, responsibility for their security and the security of their systems and operation. Except in the case of application of Joint Action 2004/552/CFSP of 12 July 2004 on aspects of the operation of the European
Amendment 28 #
Proposal for a regulation Recital 25 a (new) (25a) It is of utmost importance to review Joint Action 2004/552/CFSP1 as it does not take into account the entry into force of the Lisbon Treaty and specifically the appointment of the High Representative of the Union for Foreign Affairs and Security Policy and the establishment of the European External Action Service (EEAS). Joint Action 2004/552/CFSP describes the exceptional and urgent cases of threats to the European Union or a Member State arising from the operation or use of the system, or in the event of a threat to the operation of the system, in particular as a result of an international crisis. There is an urgent need to clarify and strengthen the role of the High Representative of the Union for Foreign Affairs and Security Policy pursuant to the urgency procedure according to Articles 3 and 4 of Joint Action 2004/552/CFSP on the rules, procedures and measures to be taken in the event of a threat to the security of the European Union or a Member State, notably where PRS receivers are lost, misused or compromised. An amendment of Joint Action 2004/552/CFSP should also take into account the expertise of the EEAS in the field of early warning, situational awareness, security and defence. ____________ OJ L 246, 20.7.2004, p. 30.
Amendment 29 #
Proposal for a regulation Recital 28 (28) As the programmes will be, in principle, financed by the Union, public procurement under the programmes should comply with Union rules on public contracts and should aim, first and foremost, to obtain best value for money, control costs, mitigate risks, improve efficiency and reduce reliance on a single supplier. Open access and fair competition throughout the supply chain and the balanced offering of participation opportunities to industry at all levels, including, in particular, new entrants and small and medium-sized enterprises (hereinafter ‘SMEs’), should be ensured. Possible abuse of dominance and of long- term reliance on single suppliers should be avoided. In order to mitigate programme risks, to avoid reliance on a single source
Amendment 30 #
Proposal for a regulation Recital 28 a (new) (28a) Exports outside the Union of dual- use equipment or technology and software relating to PRS use and relating to the development of and manufacturing for the PRS, regardless of whether that equipment, software or technology is listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items1, should be restricted to those third countries which are duly authorised to access the PRS under an international agreement with the Union. The EU list of controlled items is based on control lists adopted by international export control regimes, such as the Wassenaar Arrangement, the Australia Group (AG), and the Missile Technology Control Regime (MTCR). __________________ 1 OJ L 134, 29.5.2009, p. 1.
Amendment 31 #
Proposal for a regulation Recital 30 a (new) (30a) The services offered by Public Regulated Service (PRS) might play an important role for different weapon systems, especially concerning navigation and guidance. It is therefore important that the Commission, the Council, the European External Action Service (EEAS) and Member States act in accordance with the 1967 Outer Space Treaty and that Member States and the EEAS increase their efforts regarding the possible revision of the international legal framework or, alternatively, regarding a new treaty or code which takes into account the technological progress since the 1960s and effectively prevents an arms race in outer space. The Union should furthermore strengthen the legal framework created by the Outer Space Treaty to safeguard a peaceful and secure functioning of space infrastructure. The Union should therefore strengthen its capabilities to achieve space situational awareness together with its partners in the framework of a multilateral space surveillance system.
Amendment 32 #
Proposal for a regulation Recital 31 (31) In view of the global nature of the systems, it is essential that the Union can enter into agreements with third countries and international organisations in the context of programmes under Article 218 of the Treaty on the Functioning of the European Union, in particular to ensure their smooth implementation, optimise services provided to citizens of the Union and meet the needs of third countries and international organisations. It is also useful
Amendment 33 #
Proposal for a regulation Recital 31 (31) In view of the global nature of the systems, it is essential that the Union can enter into agreements with third countries and international organisations in the context of programmes under Article 218 of the Treaty on the Functioning of the European Union, in particular to ensure their smooth implementation, optimise services provided to citizens of the Union, ensure the full security of the system, regulate the revenue regime and meet the needs of third countries and international organisations. It is also useful, where necessary, to adapt existing agreements to changes in the programmes. When preparing or implementing these agreements, the Commission may have recourse to the assistance of the European External Action Service, the European Space Agency and the European GNSS Agency, within the limits of the tasks allocated to them under this Regulation.
Amendment 34 #
Proposal for a regulation Article 1 – paragraph 4 – point d (d) to offer a public regulated service (PRS) restricted to government-authorised users, for sensitive applications which require a high level of service continuity; this service uses strong, encrypted signals
Amendment 35 #
Proposal for a regulation Article 1 – paragraph 4 – point d (d) to offer a public regulated service (PRS) restricted to government-authorised users, for
Amendment 36 #
Proposal for a regulation Article 15 – paragraph 1 – point a – point ii (ii) the operation of the Galileo security
Amendment 37 #
Proposal for a regulation Article 16 a (new) Article 16 a The role of the European Parliament The European Parliament, in view of its budgetary control competences and thematic work, shall, through its relevant committees, scrutinize the creation, implementation and operation of the system and shall be kept informed by the relevant bodies on the programme at regular intervals.
Amendment 38 #
Proposal for a regulation Article 17 Joint Action Governance structures in case of exceptional situations 1. Whenever the security of the Union or its Member States may be affected by the
Amendment 39 #
Proposal for a regulation Article 18 a (new) Article 18 a Usage for security and defence purposes 1. The operating agencies shall enact special provisions for the operation of the systems by Member States, as well as the Union, for security and defence purposes, concerning technologies, guidance systems as well as usage in operations and missions, in order to ensure the security of this type of usage. 2. The Commission shall enact binding security measures for the integrity of the system when used by security actors, in accordance with Union legislation in force.
Amendment 40 #
Proposal for a regulation Article 27 – paragraph 2 a (new) 2a. The Member States shall take all necessary measures to safeguard the EU's strategic autonomy, so that in the long term civil and military actors in the field of internal and external security are in a position to make full use of the public regulated and safety-of-life services under the Galileo programme.
Amendment 41 #
Proposal for a regulation Article 27 – paragraph 2 a (new) 2 a. The Member States shall take all necessary measures to ensure the protection of the Union's space infrastructure. In particular, Member States shall foster the legal framework in outer space and adhere to the principals of the EU Code of Conduct in Outer Space activities, including the prohibition of harmful interference with space objects, the prohibition of action that creates harmful space debris, the adherence to the UN space debris mitigation guidelines and the creation of transparency and security building measures in outer space.
Amendment 42 #
Proposal for a regulation Article 28 – paragraph 1 The Union may enter into agreements with third countries and international organisations in the context of the programmes, in particular, cooperation agreements in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union. The European Parliament shall be consulted and/or give its consent, as appropriate.
Amendment 43 #
Proposal for a regulation Article 28 – paragraph 1 a (new) When negotiating agreements with third countries or when entering into agreements with third countries, the Union shall ensure full compliance with the criteria and guidelines laid down in Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment1 and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items2. The EU shall foster the legal framework created by the Outer Space Treaty to safeguard a peaceful and secure functioning of space infrastructure. The Union therefore shall strengthen its capabilities to achieve space situational awareness together with its partners in the framework of a multilateral space surveillance system. ____________ 1 OJ L 335, 13.12.2008, p. 99. 2 OJ L 134, 29.5.2009, p. 1.
source: PE-491.290
2012/06/27
ITRE
104 amendments...
Amendment 100 #
Proposal for a regulation Recital 18 (18) It should also be noted that the budgetary resources planned under this Regulation do not cover work financed by funds allocated to the Horizon 2020 programme, a Framework Programme for Research and Innovation ("Horizon 2020"), such as that associated with the development of applications derived from the systems. This work will help to optimise the use of the services provided in the context of the programmes, to ensure a good social and economic return on the investments made by the Union and to increase the know-how of businesses in the Union with regard to satellite navigation technology. Therefore the programmes should benefit from appropriate funding for European GNSS activities from Horizon 2020, which should mainly go towards the development of applications derived from the programmes, with the aim of maximising the socio-economic benefits of the programmes, and research on the development of new technologies (e.g. atomic clocks), to be used in the replenishment of European GNSS (for example, Galileo 2nd generation), so as to ensure that European GNSS programmes offer permanent added-value compared to similar programmes around the world.
Amendment 101 #
Proposal for a regulation Recital 18 (18) It should also be noted that the budgetary resources planned under this Regulation do not cover work financed by funds allocated to the Horizon 2020 programme, a Framework Programme for Research and Innovation, such as that associated with the development of applications derived from the systems. This work will help to optimise the use of the services provided in the context of the programmes, to ensure the development of downstream space services for the benefit of citizens, a good social and economic return on the investments made by the Union and to increase the know-how of businesses in the Union with regard to satellite navigation technology.
Amendment 102 #
Proposal for a regulation Recital 19 (19) In addition the revenue generated by the systems should accrue to the Union in order to compensate for the investments that it has made previously. In this context, Member States should be charged for any use of the public regulated service ("PRS") for defence purposes. A revenue- sharing mechanism
Amendment 103 #
Proposal for a regulation Recital 20 (20) In order to avoid the cost over-runs and delays which have affected the progress of the programmes over the last few years, efforts
Amendment 104 #
Proposal for a regulation Recital 23 (23) The European GNSS Agency was established by Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council in order to
Amendment 105 #
Proposal for a regulation Recital 23 (23) The European GNSS Agency was established by Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council in order to achieve the objectives of the Galileo and EGNOS programmes and implement certain tasks associated with the progress of the programmes. It is an agency of the Union which, as a body within the meaning of Article 185 of Regulation (EC, Euratom) No 165/2002, is subject to the obligations applicable to Union agencies. It should be assigned certain tasks associated with programme security, its potential designation as a competent PRS authority and its contribution to the marketing of the systems. It should also perform tasks which the Commission may confer on it by means of one or more delegation agreements covering other various specific tasks associated with the programmes, including tasks associated with the exploitation phases of the systems and promotion of the applications and services on the satellite navigation market. In order for the Commission, representing of the Union, to exercise its power of control fully, these delegation agreements should include the general conditions governing the management of funds entrusted to the European GNSS Agency. An appropriate transition period should be put in place to ensure the successful implementation of the new governance framework. Moreover sufficient human resources should be made available to European GNSS Agency during the transition period and beyond.
Amendment 106 #
Proposal for a regulation Recital 24 (24) The Union should conclude a multiannual delegation agreement with the European Space Agency covering the technical and planning aspects of the programmes. In order for the Commission, representing the Union, to exercise its power of control fully, the delegation agreement should include the general conditions for managing the funds entrusted to the European Space Agency. Concerning activities exclusively financed by the Union, these conditions must ensure a degree of control comparable to that required if the European Space Agency was an Agency of the Union. An appropriate transition period should be put in place to ensure the successful implementation of the new governance framework.
Amendment 107 #
Proposal for a regulation Recital 28 (28) As the programmes will be, in principle, financed by the Union, public procurement under the programmes should comply with Union rules on public contracts and should aim, first and foremost, to obtain best value for money, control costs, mitigate risks, improve efficiency and reduce reliance on a single supplier. Open access and fair competition throughout the supply chain and the balanced offering of participation opportunities to industry at all levels, including, in particular, new entrants and small and medium-sized enterprises (hereinafter ‘SMEs’), should be ensured. Possible abuse of dominance and of long- term reliance on single suppliers should be avoided. In order to mitigate programme risks, to avoid reliance on a single source of supply and to ensure better overall control of the programmes and their costs and schedules, multiple sourcing should be pursued, wherever appropriate. Union industries should be permitted to rely on non-Union sources for certain components and services where substantial advantages in terms of quality and costs are demonstrated, taking account, however, of the strategic nature of the programmes and of Union security and export control requirements. Advantage should be taken of public sector investment and industrial experience and competence, including that acquired during the definition and development and validation phases of the programmes, while ensuring that the rules on competitive tendering are not contravened. Precise assessment criteria should be included in each and every public procurement procedure.
Amendment 108 #
Proposal for a regulation Recital 28 (28) As the programmes will be, in principle, financed by the Union, public procurement under the programmes should comply with Union rules on public contracts and should aim, first and foremost, to obtain best value for money, control costs, mitigate risks, improve efficiency and reduce reliance on a single supplier. Open access and fair competition throughout the supply chain and the balanced offering of participation opportunities to industry at all levels, including, in particular, new entrants and small and medium-sized enterprises (hereinafter ‘SMEs’), should be ensured. Possible abuse of dominance and of long- term reliance on single suppliers should be avoided. In order to mitigate programme risks, to avoid reliance on a single source of supply and to ensure better overall control of the programmes and their costs and schedules, multiple sourcing should be pursued, wherever
Amendment 109 #
Proposal for a regulation Recital 31 a (new) (31a) Since the services offered under the public regulated service may play an important role in various weapons systems, especially with regard to navigation and guidance, it is therefore important that the Commission, the Council, the European External Action Service and Member States act in accordance with the 1967 Outer Space Treaty. Increased efforts should be made either to revise the international legal framework or to conclude a new treaty, which takes into account technological progress since the 1960s, with a view to preventing an arms race in outer space.
Amendment 110 #
Proposal for a regulation Recital 33 (33) The Union is based on respect for fundamental rights and in particular Articles 7 and 8 of the Charter of Fundamental Rights of the European Union expressly recognize the fundamental right to privacy and the protection of personal data. Protection of personal data and private life should be ensured under the programmes
Amendment 111 #
Proposal for a regulation Recital 37 (37) In order to set out the necessary measures to ensure compatibility and interoperability of systems with other satellite navigation systems as well as with conventional means of radio navigation
Amendment 112 #
Proposal for a regulation Recital 37 a (new) (37a) Given that it is estimated that approximately 5% of aircraft are fitted with the equipment required in order to make use of GNSS, support should be provided to carriers to help them make the investments necessary for the system to be properly implemented.
Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 1. The Galileo and EGNOS programmes shall cover the development of applications and all the activities needed to define, develop, validate, construct, operate, renew and improve the two European satellite navigation systems, namely the system established under the Galileo programme and the EGNOS system, and to ensure their security.
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 3 3. The EGNOS system is an infrastructure monitoring and correcting signals emitted by existing global satellite navigation systems, as well as those of the open service offered by the system established under the Galileo programme, when they become available. It consists of
Amendment 115 #
Proposal for a regulation Article 1 – paragraph 4 – point d (d) to offer a public regulated service (PRS) restricted to government-authorised users, for sensitive applications which require a high level of service continuity; this service uses strong, encrypted signals. Any use of this service by the Member States for defence purposes and applications shall be subject to a financial contribution;
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 5 – subparagraph 2 The EGNOS programme also has the specific objective of extending geographic coverage to these services throughout the territory of the Union as soon as possible and, subject to technical constraints and on the basis of international agreements, to other regions of the world, in particular territories of third countries covered by the single European sky.
Amendment 117 #
Proposal for a regulation Article 2 This Regulation lays down the rules in relation to the implementation and operation of the systems under the European satellite navigation programmes throughout EU territory, in particular those relating to the governance and the financial contribution of the Union.
Amendment 118 #
Proposal for a regulation Article 3 – point d (d) an exploitation phase comprising infrastructure management, maintenance, ongoing improvement, renewal and
Amendment 119 #
Proposal for a regulation Article 3 – paragraph 1 a (new) Over the period 2014-2020 and beyond, the following indicators and targets shall be used, inter alia, to measure the degree of attainment of the specific objectives of the Galileo programme: (a) cumulative number of operational satellites: 18 satellites by 2015, 30 by 2019; (b) on-ground spare satellites for maintenance: 2 by 2019; (c) terrestrial infrastructure deployed version: version 2 by 2015; (d) number of services implemented: 3 initial services by 2015, 5 services by 2020.
Amendment 120 #
Proposal for a regulation Article 4 Operation of the EGNOS system mainly includes management of the infrastructure, maintenance, ongoing improvement, renewal and protection of the system, approval, certification and standardisation activities associated with the programme, all elements justifying the reliability of the system and its operation as well as provision and marketing of services and, subject to the availability of budgetary resources, of the applications and services developed on the basis of those services, development and deployment activities for the evolution and future generations of the system, including procurement, as well as extension of the geographic coverage of the services in conformity with Article 1(5).
Amendment 121 #
Proposal for a regulation Article 4 – paragraph 1 a (new) The following indicators and targets shall be used, inter alia, to measure the degree of attainment of the specific objectives of the EGNOS programme: (a) number of changes in services presented to the certification authorities: 3 in 2014-2020; (b) number of airports using the Safety of Life service.
Amendment 122 #
Proposal for a regulation Article 5 – paragraph 2 2. The systems, networks and services resulting from the Galileo and EGNOS programmes shall
Amendment 123 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 a (new) The Commission shall endeavour to resolve any outstanding compatibility or interference issues with third countries by 1 January 2015.
Amendment 124 #
Proposal for a regulation Article 7 – paragraph 1 – point b b) activities relating to
Amendment 125 #
Proposal for a regulation Article 7 – paragraph 1 – point c a (new) (ca) activities to facilitate the introduction of both systems, in particular cross- sectoral exploitation and synergies with non-space sectors.
Amendment 126 #
Proposal for a regulation Article 7 – paragraph 2 – point a a (new) (aa) research and development regarding GNSS applications to encourage the development of applications based on EGNOS and Galileo;
Amendment 127 #
Proposal for a regulation Article 7 – paragraph 2 – point b (b) information and communication activities, including institutional communication on the policy priorities of the Union where they are directly linked to the objectives of this Regulation, and in particular promotion and awareness- raising activities targeted at establishing synergies with other relevant Union policies;
Amendment 128 #
Proposal for a regulation Article 7 – paragraph 3 3. In order to allow the costs of the programmes and of the different phases of the programmes to be clearly identified, the Commission, in accordance with the principle of transparent management, shall inform the
Amendment 129 #
Proposal for a regulation Article 7 – paragraph 3 3. In order to allow the costs of the programmes and of the different phases of the programmes to be clearly identified, the Commission, in accordance with the principle of transparent management, shall inform the Committee referred to in Article 35(1) and the European Parliament annually of the allocation of Union funds to each of the activities specified in paragraphs 1 and 2.
Amendment 130 #
Proposal for a regulation Article 8 – paragraph 2 2. The Member States may provide additional funding to the Galileo programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent management, the Commission shall communicate any impact on the Galileo programme resulting from the application of this paragraph to the
Amendment 131 #
Proposal for a regulation Article 8 – paragraph 2 2. The Member States may provide additional funding to the Galileo programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent
Amendment 132 #
Proposal for a regulation Article 9 – paragraph 2 2. The Member States can provide additional funding to the EGNOS programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent management, the Commission shall communicate any impact on the EGNOS programme resulting from the application of this paragraph to the European Parliament, the Council and the Committee in accordance with Article 35 (1) of this Regulation.
Amendment 133 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) The funds allocated to each phase of the programmes shall be identified in advance, including the funds that form the contingency reserve.
Amendment 134 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 a (new) The European Commission may reallocate appropriations set aside to cover installation and exploitation risks (satellite failures, launch risks, delays, unforeseen events relating to exploitation) that are not used for that purpose to cover applications development.
Amendment 135 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 b (new) The European Commission may transfer funds from one category of expenditure, as laid down in Article 7(1) (a) to (c), to another, up to a ceiling of 25% of the amount referred to in paragraph 1. If such a redeployment of funds concerns an amount exceeding 25% of the amount referred to in paragraph 1, the Commission shall adopt an implementing act. Such implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 35(2).
Amendment 136 #
Proposal for a regulation Article 10 – paragraph 1 a (new) 1a. The amount referred to in paragraph 1 shall be broken down as follows: (a) for the activities referred to in Article 7(1)(a) and 7(1)b, EUR X million at current prices; (b) for the activities referred to in Article 7(1)(c), EUR Y million at current prices; (c) for the contingency reserve, EUR Z million at current prices. The Commission may re-allocate appropriations set aside to cover deployment and exploitation risks (satellite failures, launch risks, delays, unforeseen events relating to exploitation) that are not used for that purpose in order to cover activities relating to the maximisation of the socio-economic benefits of the programmes.
Amendment 137 #
Proposal for a regulation Article 10 – paragraph 1 a – introductory part (new) 1a. The amount referred to in paragraph 1 shall be broken down as follows1: __________________ 1 The breakdown is based on the figure laid down in Article 10(1) of the Commission proposal (namely, EUR 7897 million). If that figure is changed in the negotiations on the Multiannual Financial Framework, it will be necessary to reconsider the programme activities and in particular the relative distribution of budgetary resources.
Amendment 138 #
Proposal for a regulation Article 10 – paragraph 1 b (new) 1b. The Commission may re-allocate funds from one category of expenditure, as laid down in paragraph 1a (a), (b) and (c), to another, up to a ceiling of 10% of the amount referred to in paragraph 1. Where any such re-allocation concerns an amount greater than 10% of the amount referred to paragraph 1, the Commission shall consult the Committee referred to in Article 35(1) in accordance with the advisory procedure referred to in Article 35(2).
Amendment 139 #
Proposal for a regulation Article 10 – paragraph 1 c (new) 1c. The Commission shall inform the European Parliament and the Council of any re-allocation as referred to in paragraphs 1a and 1b.
Amendment 140 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a. The Commission shall manage the financial resources in paragraph 1 of this Article in a transparent and cost-effective manner. The Commission shall report annually to the European Parliament and the Council on the cost-management strategy pursued.
Amendment 141 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1a. Revenue generated from the use by the Member States of the public regulated service for defence purposes and applications shall be collected by the Union, paid to the Union budget and allocated to the programmes.
Amendment 142 #
Proposal for a regulation Article 11 – paragraph 2 2. Any revenue-sharing mechanism shall be adopted in accordance with Article 294 TFEU. This revenue-sharing mechanism may be provided for in contracts concluded with private sector entities.
Amendment 143 #
Proposal for a regulation Article 11 – paragraph 2 2. A revenue-sharing mechanism may be provided for in contracts concluded with private sector entities, and shall be proportional to the investments made by the public and private sectors.
Amendment 144 #
Proposal for a regulation Article 13 – paragraph 1 1. The Commission is responsible for the progress of the programmes. It manages the funds allocated to them under this Regulation and monitors the timely implementation of all programme activities.
Amendment 145 #
Proposal for a regulation Article 13 – paragraph 2 – point b (b) it shall implement the correct instruments and structural measures necessary to identify, control, mitigate and monitor the risks associated with the programmes, in particular in terms of cost and schedule to ensure that the programmes are delivered on time and on budget;
Amendment 146 #
Proposal for a regulation Article 13 – paragraph 2 – point d a (new) (da) it shall, with a view to promoting the up-take and exploitation of the European GNSS systems also as an incentive for other entities, evaluate the possibility of ensuring the use of European GNSS services when tendering relevant services and engaging in large-scale initiatives and campaigns.
Amendment 147 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 – point c a (new) (ca) establish the objectives for the evolution of the Galileo and EGNOS systems.
Amendment 148 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 The
Amendment 149 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. The Commission shall use best practice project management systems and techniques to oversee the implementation of the programmes.
Amendment 150 #
Proposal for a regulation Article 13 – paragraph 3 a (new) 3a. The Commission shall use best practice project management systems and techniques to oversee the implementation of the programmes.
Amendment 151 #
Proposal for a regulation Article 13 – paragraph 3 b (new) 3 b. The Commission shall provide a report annually to the European Parliament and the Committee referred to in Article 35(1) from an independent assessor on the quality of the Commission's programme management systems and techniques.
Amendment 152 #
Proposal for a regulation Article 14 – paragraph 1 1. The Commission shall ensure that the systems and their operation
Amendment 153 #
Proposal for a regulation Article 15 – paragraph 1 – point a – point i (i) by
Amendment 154 #
Proposal for a regulation Article 15 – paragraph 1 – point c (c) i
Amendment 155 #
Proposal for a regulation Article 15 – paragraph 1 – point c (c) in the context of the operation of the systems, it shall contribute to the marketing of services, including the necessary market analysis
Amendment 156 #
Proposal for a regulation Article 15 – paragraph 1 – point c a (new) (ca) ensure the maximisation of the socio- economic benefits of the programmes, including by: (i) drawing up and managing a plan, based on the priorities of the various application markets, establishing an adoption roadmap by area of application; (ii) identifying areas where the use of GNSS could provide socio-economic benefits and presenting to the Commission guidelines for regulatory measures that could be introduced or adapted at Union level to take advantage of those benefits; (iii) designing a roadmap for standardisation and certification where there is a Union interest and implementing it in cooperation with standards organisations and notified bodies; (iv) managing dedicated EGNSS R&D funds aimed at the development and use of applications and services for the satellite navigation market, with a particular focus on SMEs, including with the resources made available for that purpose under Horizon 2020; (v) performing activities aiming at the adoption of EGNSS applications across Union territory, identifying and connecting European centres of excellence specialised in specific sectors of EGNSS applications and services, managing the network of centres and drawing on the expertise of public authorities, universities, research centres, user communities and industry, with a particular focus on SMEs.
Amendment 157 #
Proposal for a regulation Article 15 – paragraph 1 – point c a (new) (ca) ensure the maximisation of the socio- economic benefits of the programmes, by: (i) liaising and maintaining a continuous dialogue with relevant Commission Directorates-General and Union agencies to ensure synergies in exploiting EGNOS/Galileo in the context of relevant Union policies, such as maritime, transport, energy and civil emergency policies, etc.; (ii) designing and implementing measures that are suited to stimulating the development of applications across industry sectors (cross-sectoral fertilisation), in particular for uses by non-space sectors and thus suited to accelerating the development of the downstream market at European level; (iii) ensuring synergies with relevant Union policies and initiatives, including by concluding agreements committing relevant Union organisations to consider the use of GNSS technologies;
Amendment 158 #
Proposal for a regulation Article 15 – paragraph 1 – point d – introductory part (d) it shall also perform other specific tasks associated with the programmes which may be entrusted to it by the Commission by means of a delegation agreement adopted on the basis of a delegation decision, in accordance with Article 54(2)(b) of Regulation (EC, Euratom) No 1605/2002 by [18 months from the entry into force of this Regulation], which include:
Amendment 159 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. The European GNSS Agency shall provide a report annually to the Commission from an independent assessor on the quality of the Agency's programme management systems and techniques.
Amendment 160 #
Proposal for a regulation Article 15 – paragraph 1 a (new) 1a. The European GNSS Agency shall use best practice project management systems and techniques to oversee the implementation of its tasks.
Amendment 161 #
Proposal for a regulation Article 15 – paragraph 1 b (new) 1b. The European GNSS Agency shall provide a report annually to the European Parliament and the Committee referred to in Article 35(1) from an independent assessor on the quality of the Agency's programme management systems and techniques.
Amendment 162 #
Proposal for a regulation Article 15 – paragraph 3 3. The Committee referred to in Article 35(1) shall be consulted on the delegation decision referred to in paragraph 1(d) of this Article, in accordance with the consultation procedure referred to in Article 35(2). The European Parliament and the Committee shall be informed of the delegation agreements to be concluded by the Union, represented by
Amendment 163 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. The Commission shall inform the European Parliament and the Council of the interim and end results of the evaluation of major procurement tenders and of any contracts with private sector entities to be concluded by the European GNSS Agency.
Amendment 164 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 165 #
Proposal for a regulation Article 16 – paragraph 1 1. The Commission shall conclude a multiannual delegation agreement with the European Space Agency on the basis of a delegation decision adopted by the Commission in accordance with Article 54(2) of Regulation (EC, Euratom) No 1605/2002 by [18 months from the entry into force of this Regulation]. This agreement shall cover the execution of tasks and the budget subject to the delegation in accordance with the implementation of the programmes, in particular completion of the infrastructure under the Galileo programme.
Amendment 166 #
Proposal for a regulation Article 16 – paragraph 2 – subparagraph 2 The monitoring and control measures, in particular, shall provide for a provisional cost forecast system, systematic information to the European Parliament also from the Commission on costs, and, in the event of a discrepancy between the planned budgets and costs incurred, corrective action ensuring the
Amendment 167 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. For the exploitation phase of the programmes, the European GNSS Agency shall enter into the working arrangements with the European Space Agency that are necessary for the fulfilment of their respective tasks under this Regulation in this phase. These arrangements shall also address the European Space Agency's role during this phase and its co- operation with the European GNSS Agency, in particular as regards: (a) conception, design, monitoring, validation and procurement in the framework of the development of future generations of the systems; (b) technical support in the framework of operation and maintenance of the existing generation of the systems. Those working arrangements and any changes thereto shall be notified by the Commission to the European Parliament and the Council.
Amendment 168 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. Cooperation between the European Space Agency and the European GNSS Agency shall be based on working arrangements, including full delegation from the European GNSS Agency to the European Space Agency. Those working arrangements shall in particular address the European Space Agency's role in: (a) conception, design, procurement, monitoring and validation in the framework of the development of future generations of the systems; (b) technical support in the framework of operation and maintenance of the existing generation of the systems. Those working arrangements and any changes thereto shall be notified to the European Parliament and the Council.
Amendment 169 #
Proposal for a regulation Article 16 – paragraph 3 3. The Committee referred to in Article 35(1) shall be consulted on the delegation decision referred to in paragraph 1 of this Article, in accordance with the consultation procedure referred to in Article 35(2). The Committee and the European Parliament shall be informed of the multiannual delegation agreement to be concluded by the Commission and the European Space Agency.
Amendment 170 #
Proposal for a regulation Article 16 – paragraph 3 3. The Committee referred to in Article 35(1) shall be consulted on the delegation decision referred to in paragraph 1 of this Article, in accordance with the consultation procedure referred to in Article 35(2). The European Parliament and the Committee shall be informed of the multiannual delegation agreement to be concluded by the Commission and the European Space Agency.
Amendment 171 #
Proposal for a regulation Article 16 – paragraph 4 4. The Commi
Amendment 172 #
Proposal for a regulation Article 16 – paragraph 4 4. The
Amendment 173 #
Proposal for a regulation Article 20 – point b (b) to avoid possible abuse of dominance and
Amendment 174 #
Proposal for a regulation Article 20 – point b a (new) (ba) to pursue, wherever appropriate, multiple sourcing, in the form of dual sourcing, a method which, where possible and relevant, should be set out as a specific selection criterion in the call for tenders;
Amendment 175 #
Proposal for a regulation Article 20 – point b a (new) ba) to pursue, where possible, multiple sourcing;
Amendment 176 #
Proposal for a regulation Article 22 – paragraph 2 2. A conditional stage-payment contract includes a fixed stage which is accompanied by a budgetary commitment and
Amendment 177 #
Proposal for a regulation Article 22 – paragraph 4 a (new) 4a. Where, with regard to a particular stage, the contracting authority notes that works and services agreed for that stage have not been realised, it may claim damages and terminate the contract.
Amendment 178 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 2 Unlike a contract which provides remuneration for a result and for which the price or arrangements for determining the price is fixed initially in the contractual documents, a cost-reimbursement contract remunerates the resources used and not a finished product or service. The price to be paid consists of reimbursement of all direct costs incurred by the contractor in performing the contract, such as expenditure on labour, materials, consumables, use of equipment and infrastructures necessary to perform the
Amendment 179 #
Proposal for a regulation Article 23 – paragraph 3 3. The ceiling price for a full or partial cost-reimbursement contract is the maximum price payable.
Amendment 180 #
Proposal for a regulation Article 24 – point b a (new) (ba) the value of the contract does not increase by more than 15% of the initially agreed amount;
Amendment 181 #
Proposal for a regulation Article 25 – paragraph 1 1. The contracting authority
Amendment 182 #
Proposal for a regulation Article 26 – paragraph 1 The Commission shall lay down by means of delegated acts in accordance with Article 34 a multiannual work programme setting out the key actions, provisional budget and schedule required to meet the objectives of the Galileo and EGNOS programmes laid down in Article 1(4) and (5).
Amendment 183 #
Proposal for a regulation Article 26 – paragraph 2 On the basis of the multiannual work programme, the Commission shall, in accordance with the examination procedure referred to in Article 35(3), adopt an annual work programme that includes the implementation plan for the multiannual programme and the corresponding funding.
Amendment 184 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 185 #
Proposal for a regulation Article 29 – paragraph 1 In order to complete the technical tasks referred to in Article 13(2), the Commission may have recourse to the necessary assistance, in particular the
Amendment 186 #
Proposal for a regulation Article 30 – paragraph 1 1. The Commission shall ensure that personal data and privacy is protected at all times during the design
Amendment 187 #
Proposal for a regulation Article 32 The Commission shall ensure the implementation of this Regulation. Each year, when it presents the preliminary draft budget, it shall present a report to the European Parliament and to the Council on the implementation of the programmes. The report shall include the detailed budget breakdowns of the financing of past and future activities for the implementation of the programme.
Amendment 188 #
Proposal for a regulation Article 32 The Commission shall ensure the implementation of this Regulation. Each year, when it presents the preliminary draft budget, it shall present a report to the European Parliament and to the Council on the implementation of the programmes. That report shall include, inter alia: (a) an assessment of the implementation of the programmes and of the progress made in achieving the targets established pursuant Article 1(4) and (5); (b) an update of the evaluation and control of risks and an assessment of their possible impact in terms of cost and time deviations; (c) a summary of all information submitted to the budgetary authority under Articles 7(3), 8(2), 9(2) and 16(4); (d) an evaluation of the functioning of the multiannual delegation agreement concluded pursuant to Article 16(1).
Amendment 189 #
Proposal for a regulation Article 32 – paragraph 1 a (new) The Commission shall inform the European Parliament and the Council sufficiently in advance if it considers that there could be non controllable risks or other factors that could cause significant programme deviations in particular in terms of cost and schedule.
Amendment 190 #
Proposal for a regulation Article 32 – paragraph 1 a (new) The reports shall include all relevant information on risk and cost management pursued in relation to the programmes.
Amendment 191 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 The evaluation shall also address technological developments in the field, the scope for simplification, its internal and external coherence, the relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account evaluation results on the long-term impact of the previous measures.
Amendment 192 #
Proposal for a regulation Article 34 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 5 and 14 shall be conferred on the Commission for a
Amendment 193 #
Proposal for a regulation Article 34 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 5, 6, 13, 14 and
Amendment 194 #
Proposal for a regulation Article 34 – paragraph 3 3. The delegation of power referred to in Articles 5, 6, 13, 14 and
Amendment 195 #
Proposal for a regulation Article 34 – paragraph 5 5. A delegated act adopted pursuant to Articles 5, 6, 13, 14 and
Amendment 196 #
Proposal for a regulation Article 35 – paragraph 4 4. Representatives of the European GNSS Agency and the European Space Agency
Amendment 93 #
Proposal for a regulation Recital 2 a (new) (2a) Space infrastructure and services developed by the Union should remain civilian systems under civilian control. The Commission should guarantee transparency in the financing and with regard to any cooperation between military and civil space use strategies.
Amendment 94 #
Proposal for a regulation Recital 8 (8) Given the increasing usage of satellite navigation across a great number of fields of activity, an interruption in the supply of services could lead to significant harm to modern society. In addition, due to their strategic aspect, satellite navigation systems are sensitive infrastructures, that could be susceptible to malicious use. The abovementioned aspects could affect the security of the Union and its Member States.
Amendment 95 #
Proposal for a regulation Recital 10 (10) The EGNOS programme has been in the exploitation phase since its open service and ‘Safety of Life’ service were declared operational in October 2009 and March 2011 respectively. Absolute priority should be given to ensuring that the territory of the Member States is fully covered. As a second step, it would be appropriate to extend the coverage.
Amendment 96 #
Proposal for a regulation Recital 13 (13) The deployment and exploitation phases of the Galileo programme and the exploitation phase of the EGNOS programme should, in principle, be entirely financed by the Union. However in accordance with Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the financial regulation applicable to the general budget of the European Communities, the Member States should be able to provide additional funding to the programmes or a contribution in kind, on the basis of appropriate agreements, in order to fund additional programme elements re
Amendment 97 #
Proposal for a regulation Recital 13 (13) The deployment and exploitation phases of the Galileo programme and the exploitation phase of the EGNOS programme should, in principle, be entirely financed by the Union. However in accordance with Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the financial regulation applicable to the general budget of the European Communities, the Member States should be able to provide additional funding to the programmes or a contribution in kind, on the basis of appropriate agreements, in order to fund additional programme elements re
Amendment 98 #
Proposal for a regulation Recital 14 (14) Given the long lead times involved and the levels of capital investment already committed to these projects, sufficient and consistent financial commitments over financial planning periods are required in order to ensure the planning continuity and organisational stability of the programmes. In order to guarantee the continuation of the programmes, an appropriate financial framework must be established to allow the Union to continue to finance them. It is also necessary to
Amendment 99 #
Proposal for a regulation Recital 16 (16) The activities should be specified for which the Union budget appropriations allocated to the programmes for the period 2014-2020 under this Regulation shall be granted. These appropriations should be granted mainly for activities associated with the deployment phase of the Galileo programme, including management and monitoring activities for this phase, and activities associated with the operation of the system established under the Galileo programme, including actions preceding or in preparation for this phase, and the
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