2001E0555 — EN — 23.05.2011 — 003.002

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COUNCIL JOINT ACTION of 20 July 2001 on the establishment of a European Union Satellite Centre (2001/555/CFSP) (OJ L 200, 25.7.2001, p.5)

Amended by:





Corrected by:









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COUNCIL JOINT ACTION

of 20 July 2001

on the establishment of a European Union Satellite Centre

(2001/555/CFSP)







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 14 thereof, Whereas: (1) On 10 November 2000 the Council recorded its agreement in principle on the setting up of a Satellite Centre within the European Union, incorporating the relevant features of the existing Western European Union (WEU) structures. (2) The establishment of a European Union Satellite Centre is essential for strengthening early warning and crisis monitoring functions within the context of the Common Foreign and Security Policy (CFSP), and in particular of the European Security and Defence Policy (ESDP). (3) The statute and structure of the Centre should enable it to respond to the requirements of the European Union and its Member States and to fulfil its functions in close collaboration with Community, in particular the Commission's Joint Research Centre, national and international institutions. It should be coherent with the European Strategy for Space endorsed by the Council on 16 November 2000. (4) The European Union Satellite Centre should have legal personality, while maintaining close links with the Council and having due regard for the general political responsibilities of the European Union and its institutions. (5) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. This provision, however, does not exclude the participation of Denmark in the civilian activities of the Centre on the basis of a declared willingness of Denmark to contribute to covering the expenses of the Centre not having defence implications, Whereas: HAS ADOPTED THIS JOINT ACTION:







Article 1

Establishment

1. 1. A European Union Satellite Centre (EUSC), hereinafter referred to as ‘the Centre’, is hereby established. It shall be operational as from 1 January 2002.

2. The Centre shall have its headquarters at Torrejón de Ardoz, Spain.

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Article 2

Mission

1. The Centre shall, in coherence with the European Security Strategy ( 1 ), support the decision-making of the European Union in the field of the CFSP, in particular of the ESDP, including European Union crisis management operations, by providing, as appropriate, products resulting from the analysis of satellite imagery and collateral data, including aerial imagery, and related services, in accordance with Articles 3 and 4.

2. In the framework of this mission, the Secretary-General/High Representative, will, upon a corresponding request and if the capacity of the Centre so allows, direct the Centre to provide products or services to:

(i) a Member State or the Commission;

(ii) third States having agreed to the provisions set out in the Annex on the association with the Centre's activities;

(iii) if the request is relevant in the field of the CFSP, in particular of the ESDP, international organisations such as the United Nations (UN), the Organisation for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organisation (NATO).

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3. As from 1 July 2011, following the dissolution of the Western European Union (‘WEU’), the Centre shall perform the administrative tasks set out in Article 23a.

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Article 3

Political supervision

The Political and Security Committee (PSC) will, in accordance with its responsibilities for CFSP and in particular for the ESDP, exercise political supervision over the activities of the Centre and issue guidance to the Secretary–General/High Representative on the Centre's priorities.

Article 4

Operational direction

1. The Secretary-General/High Representative shall give operational direction to the Centre, without prejudice to the responsibilities of the Board and of the Director of the Centre, respectively, as set out in this Joint Action.

2. In the execution of his tasks as set out in this Article, the Secretary-General/High Representative shall report as appropriate and at least once every six months to the Political and Security Committee.

Article 5

Products of the Centre

1. The products of the Centre in response to requests made in accordance with Articles ►M1 ►C2 2(1), 2(2)(ii) and 2(2)(iii) ◄ ◄ shall be made available at the General Secretariat of the Council to Member States, the Commission, and the requesting party, in accordance with applicable security Provisions. They shall be made available to Third States having agreed to the Provisions set out in the Annex and in accordance with those Provisions.

2. In the interest of transparency, the Secretary-General/High Representative shall make available all tasking requests made in accordance with Article 2 to the Member States and the Commission, and to Third States having agreed to the Provisions set out in the Annex in accordance with the detailed rules specified in those Provisions.

3. The products of the Centre resulting from requests made in accordance with Article ►M1 ►C2 2(2)(i) ◄ ◄ shall be made available to the Member States, the Commission and/or Third States having agreed to the Provisions set out in the Annex, upon decision of the requesting Party.

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4. The Political and Security Committee may direct the Secretary-General/High Representative to make available products of the Centre resulting from requests made in accordance with Article 2(1) to any designated third State on a case-by-case basis.

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Article 6

Legal personality

The Centre shall have the legal personality necessary to perform its functions and attain its objectives. Each of the Member States shall take steps to accord it the legal capacity accorded to legal persons under its laws. The Centre may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. The Centre shall be non profit-making.

Article 7

Board

1. The Centre shall have a Board that approves its annual and long-term programme of work and the appropriate budget. The Board shall be a forum for discussing issues related to the Centre's functioning, staff and equipment.

2. The Board shall be chaired by the Secretary-General/High Representative or, in the event of that person's absence, by his or her representative. The Secretary-General/High Representative shall report to the Council on the work of the Board.

3. The Board shall be composed of one representative appointed by each Member State and one appointed by the Commission. Each member of the Board may be represented or accompanied by an alternate. Letters of appointment, duly authorised by the Member State or the Commission, as appropriate, shall be directed to the Secretary-General/High Representative.

4. The Director of the Centre or its representative shall, as a rule, attend Board meetings. The Director-General of the Military Staff and the Chairman of the Military Committee, or their representatives, may also attend Board meetings.

5. Decisions of the Board shall be taken on a vote by the representatives of the Member States by qualified majority, the votes being weighted in accordance with Article 23(2), third subparagraph, of the Treaty on European Union, without prejudice to Article 13(2) of this Joint Action. The Board shall adopt its rules of procedure.

6. The Board shall be convened by the Chairman at least twice a year and at the request of at least one third of its members.

7. The Board may decide to create ad-hoc working groups or standing committees with the same format as the Board dealing with specific subjects or issues within its overall responsibility and acting under its supervision. The decision to create such a group or committee shall set out its mandate, composition and duration.

Article 8

Director

1. The Board shall appoint the Director of the Centre, from among Member States' nationals. Member States shall submit candidatures to the Secretary-General/High Representative who shall forward them to the Board. The Director shall be appointed for three years, with the possible extension of one two year term.

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2. The Director shall appoint the Deputy Director of the Centre after approval by the Board. The Deputy Director shall be appointed for a period of three years, with the possible extension of one three-year term. The Director shall be responsible for recruiting all other staff of the Centre.

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3. The Director shall ensure the execution of the mission of the Centre in accordance with Article 2. The Director shall furthermore uphold a high level of expertise and professionalism at the Centre, as well as efficiency and effectiveness in the pursuit of its mission. The Director shall take all necessary measures to this end, including the training of personnel and the conduct of research and development projects in support of its mission.

4. The Director shall also be responsible for:

— preparing the work of the Board, in particular the draft annual work programme of the Centre;

— the day-to-day administration of the Centre;

— preparing the statement of income and expenditure and implementing the Centre's budget;

— security aspects;

— all personnel matters;

— informing the Political and Security Committee on the annual work programme;

— ensuring close cooperation and information exchange with Community space-related services, in particular with the Commission's Joint Research Centre;

— establishing contacts with other national and international institutions in the field of space.

5. Within the work programme and budget of the Centre, the Director shall be empowered to enter into contracts, to recruit staff approved in the budget and to incur any expenditure necessary for the operation of the Centre.

6. The Director shall prepare an annual report on the Centre's activities by 31 March the following year. The report shall be forwarded to the Board and to the Council, which shall forward the report to the European Parliament, the Commission and the Member States.

7. The Director shall be accountable to the Board.

8. The Director shall be the legal representative of the Centre.

Article 9

Staff

1. The staff of the Centre, including the Director, shall consist of contract staff members recruited on the broadest possible basis from among nationals of the Member States. ►M1 ————— ◄

2. The staff shall be appointed by the Director on the basis of merit and through fair and transparent competition procedures.

3. The provisions relating to the staff of the Centre shall be adopted by the Council acting on a recommendation from the Director.

Article 10

Security

1. The Centre shall apply the Council's security regulations set out in Decision 2001/264/EC ( 2 ).

2. The Centre shall ensure appropriate security and speed in its communications with the General Secretariat of the Council, including the EU Military Staff.

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Article 11

Work programme

1. By 30 September each year the Director shall establish a draft annual work programme for the following year accompanied by a draft long-term work programme containing indicative perspectives for two additional years, and shall submit it to the Board.

2. By 30 November of each year, the Board shall approve the annual and long-term work programme.

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Article 12

Budget

1. All items of income and expenditure of the Centre shall be included in estimates to be drawn up for each financial year, which shall correspond to the calendar year, and shall be shown in the budget of the Centre, which shall include a list of the staff.

2. The income and expenditure shown in the budget of the Centre shall be in balance.

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3. The income of the Centre shall consist of contributions from the Member States except Denmark according to the gross national income (GNI) scale, payments made in remuneration for services rendered and miscellaneous income.

4. Task requests made in accordance with Article 2(2) may be subject to cost recovery charges pursuant to the guidelines laid down in the Centre's Financial Rules referred to in Article 15.

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Article 13

Budgetary procedure

1. By 30 September each year, the Director shall submit to the Board an annual draft budget for the Centre covering administrative expenditure, operational expenditure and expected income for the following financial year as well as long-term indicative estimates on expenditure and income in view of the draft long-term work programme.

2. By 30 November of each year, the Board shall approve the annual budget of the Centre by unanimity of the representatives of Member States.

3. In the case of unavoidable, exceptional or unforeseen circumstances, the Director may propose a draft amending budget to the Board. The Board, with due regard to any urgency, shall approve the amending budget by unanimity of the representatives of the Member States.

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Article 14

Control of the budget

1. Control of the commitment and payment of all expenditure and the recording and collection of all income shall be carried out by an independent financial controller appointed by the Board.

2. By 31 March each year at the latest, the Director shall submit to the Council for information, and to the Board the detailed accounts of all income and expenditure from the previous financial year and the report on the Centre's activities.

3. The Board shall give discharge to the Director in respect of the implementation of the budget.

Article 15

Financial rules

The Board, with the assent of the Council, shall draw up, on a proposal from the Director, detailed financial rules specifying in particular the procedure to be followed for establishing and implementing the budget of the Centre.

Article 16

Privileges and immunities

Privileges and immunities necessary for the performance of the duties of the Centre, the Director of the Centre and its staff, shall be provided for in an agreement between the Member States.

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Article 17

Secondment

1. In agreement with the Director, experts from Member States and officials from European Union institutions or agencies may be seconded to the Centre for a fixed period either to posts within the Centre's organisational structure and/or for specific tasks and projects.

2. In the event of a crisis, the Centre may be reinforced by specialist staff, seconded by the Member States, the Commission or the General Secretariat of the Council. The need for, and the length of, such secondments shall be determined by the Secretary-General/High Representative in consultation with the Director of the Centre.

3. The provisions relating to secondment shall be adopted by the Board on a proposal from the Director.

4. Staff members may be seconded for a fixed period in the interest of the service to a post outside the Centre, in accordance with the provisions relating to the staff of the Centre.

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Article 18

Legal liability

1. The contractual liability of the Centre shall be governed by the law applicable to the contract concerned.

2. The personal liability of staff towards the Centre shall be governed by the relevant Provisions applying to staff of the Centre.

Article 19

Access to documents

Upon a proposal by the Director, the Board shall adopt, by 30 June 2002, rules on public access to the documents of the Centre, taking into account the principles and limits laid down in the Regulation No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 3 ).

Article 20

The position of Denmark

The Danish member of the Board shall take part in the work of the Board in full respect of Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community.

Denmark may address requests not having defence implications to the Secretary-General/High Representative in accordance with Article ►M1 ►C2 2(2)(i) ◄ ◄ .

Products arising from the missions under Article 2 shall be made available to Denmark under the same conditions as to the other Member States except requests having defence implications under Article ►M1 ►C2 2(2) ◄ ◄ and the resulting products.

Denmark has the right to second staff to the Centre in accordance with Article 17.

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Article 20a

Association of the Commission

The Commission shall be fully associated with the work of the Centre. The Centre shall establish the necessary administrative arrangements and working relations with the Commission, with a view to maximising synergies and avoiding unnecessary duplication by exchanging expertise and advice in those areas where the activities of the Community have a bearing on the Centre's mission and where the activities of the Centre are relevant to those of the Community.

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Article 21

Association of third States

Notwithstanding Article 5, non-EU NATO members and other States which are candidates for accession to the EU shall be entitled to be involved in the Centre’s activities in accordance with the Provisions set out in the Annex.

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Article 22

Reporting

By 31 July 2011, the Secretary-General/High Representative shall present a report to the Council on the functioning of the Centre accompanied, if necessary, by appropriate recommendations with a view to its further development.

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Article 23

Transitional provisions

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3. The Centre shall be substituted for the WEU as the employer of the staff serving on 31 December 2001. Obligations arising from existing staff contracts, as defined in the applicable acts, shall be honoured by the new employer.

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Article 23a

Administrative tasks following the dissolution of the WEU

1. From 1 July 2011, the Centre shall, on behalf of Belgium, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Portugal, and the United Kingdom (hereinafter ‘the Ten Member States’), perform the following residual administrative tasks of the WEU:

(a) the administration of the pensions of former staff of the WEU;

(b) the administration of the WEU Social Plan;

(c) the administration of any disputes between the WEU and any member of its former staff and the implementation of the decisions of the competent Appeals Board;

(d) assistance to the Ten Member States in relation to the liquidation of the WEU's assets.

2. The administration of the pensions of former staff of the WEU shall:

(a) take place in accordance with the pension rules of the WEU, as in force on 30 June 2011. If necessary, these rules may be amended by the Board referred to in paragraph 6, within the framework of the pension rules of the Coordinated Organisations;

(b) be managed by the Joint Pensions Administrative Section within the Coordinated Organisations (hereinafter ‘JPAS/SCAP’). To this effect, the Centre shall, on behalf of the Ten Member States, conclude a memorandum of agreement by 30 June 2011. The WEU may also be a party to this memorandum of agreement. This memorandum of agreement shall be approved by the Board referred to in paragraph 6, and shall be signed by its chairperson.

Any disputes relating to these pensions and involving former staff of the WEU shall be settled in accordance with paragraph 3.

3. Any disputes between the WEU and any of its former staff members shall be subject to the dispute settlement rules of the WEU as in force on 30 June 2011.

The dispute settlement rules shall be updated by the Board referred to in paragraph 6 with a view to their implementation as from 1 July 2011 in the framework of the Centre.

The status of former WEU staff shall be governed by the WEU staff rules as in force on 30 June 2011, any applicable contracts, any other applicable WEU decision, and the WEU Social Plan.

4. The administration of the WEU Social Plan shall take place in accordance with the Social Plan adopted by the WEU on 22 October 2010. It shall also be in accordance with any subsequent binding decision by the competent Appeals Board and with any decisions taken by the WEU or the Board referred to in paragraph 6, to implement such a decision.

5. Assistance in the process of liquidation of the WEU's assets shall include the administration of any legal or financial issue arising from the closure of the WEU, performed under the guidance by the Board referred to in paragraph 6.

6. Any decisions in relation to the tasks set out in this Article, including decisions by the Board referred to in this Article, shall be adopted unanimously by the Board composed of representatives of the Ten Member States. This configuration of the Board shall decide on how it is to be chaired by one of its members. The Director of the Centre or its representative may attend Board meetings in this configuration. The Board shall be convened by the Chairperson at least once a year or at the request of at least three of its members. Ad-hoc meetings of the Board may be convened at expert level in order to deal with specific subjects or issues. Decisions of the Board may be taken by written procedure.

7. The Centre shall recruit the staff necessary to perform the tasks mentioned in paragraph 1. If any of the Ten Member State offers to second a person for this purpose, that person shall be recruited. If that is not the case, or if secondment does not allow to fill all the required posts, the necessary staff shall be contracted. The Centre's staff regulations shall be applicable, subject to the provisions of this Article.

8. All items of expenditure resulting from and revenue related to the implementation of this Article shall be part of a separate budget of the Centre. This budget shall be drawn up for each financial year, which shall correspond to the calendar year, and shall be adopted by the Board referred to in paragraph 6, acting upon a proposal by its chairperson, by 1 September of each year. The revenue and expenditure shown in this budget shall be in balance. The budget shall include a list of the staff recruited to perform the tasks referred to in paragraph 7. The revenue shall consist of contributions from the Ten Member States, determined in accordance with the rules applicable to their contributions to the WEU as in force on 30 June 2011, and of miscellaneous revenue. With a view to building up a start-up fund of EUR 5,3 million, initial contributions amounting to 20 % of this sum shall be paid by 30 June 2011. The Board referred to in paragraph 6 shall adopt the necessary financial rules, drawing as much as possible on the financial rules of the Centre, and rules regarding control of the budget and discharge. Pending the adoption of such rules, the WEU rules shall apply.

9. The Centre will conclude an agreement or administrative arrangement by 30 June 2011 with the WEU regarding the implementation of this Article, which shall be approved by the Board referred to in paragraph 6, and shall be signed by its chairperson.

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Article 24

This Joint Action shall enter into force on the day of its adoption.

Article 25

This Joint Action shall be published in the Official Journal.









ANNEX

PROVISIONS ON THE ASSOCIATION OF THIRD STATES WITH THE EUROPEAN UNION SATELLITE CENTRE'S ACTIVITIES

Article 1

Purpose

These Provisions set up the scope of and detailed rules for the involvement of Third States in the activities of the Centre.

Article 2

Scope

Third States mentioned in Article 21 of the Joint Action shall be entitled:

— to submit national requests for imagery analysis to be implemented by the Centre;

— to submit candidates for secondment as image analysts to the Centre for a limited time;

— to have access to products of the Centre in accordance with Article 5 of these Provisions.

Article 3

Task requests

1. Any requests for imagery analysis tasks to be implemented by the Centre may be submitted by Third States to the Secretary-General/High Representative in accordance with Article ►M1 ►C2 2(2)(ii) ◄ ◄ of the Joint Action.

2. If the capacity of the Centre allows, the Secretary-General/High Representative, will direct the Centre accordingly, in conformity with Article 4 of the Joint Action.

3. Third States shall accompany each request by collateral data as appropriate, and shall reimburse the Centre in accordance with Article 12(4) of the Joint Action and the rules for cost recovery charges specified in the Centre's Financial Rules. Third States shall indicate whether tasking requests and/or products should be made available to other third States and international organisations.

Article 4

Secondment of image analysts

1. Third States shall be entitled to submit to the Centre candidates for secondment as image analysts for a limited time with a view to familiarising themselves with its functioning.

2. Candidatures shall be taken into consideration subject to the availability of positions.

3. The duration of the stay shall start with a six month period, subject to review based on a proposal by the Director of the Centre and depending on the Centre's available capabilities for a prolongation for a maximum of six months. The broadest possible rotation among candidates from interested Third States shall be taken into consideration.

4. Candidates shall be experienced image analysts possessing professional qualifications allowing them to work on digital imagery. Experts on secondment shall normally take part in those operational activities of the Centre that use commercial imagery.

5. Image analysts from Third States shall comply with the relevant Centre security regulations and enter into a confidentiality commitment with the Centre.

6. Third States shall cover the salary of its seconded image analyst, all related costs such as allowances, social charges, installation and travel costs, as well as any additional costs to the budget of the Centre as determined in the detailed rules referred to in paragraph 8.

7. Mission expenses inherent to the activities of the seconded image analyst from Third States in the Centre shall be met by the Centre's budget.

8. The detailed rules for the secondment shall be established by the Director of the Centre.

Article 5

Availability of the Centre's products

1. The Secretary-General/High Representative shall inform Third States when products requested in accordance with Article 2 of the Joint Action are available at the General Secretariat of the Council.

2. Tasking requests and products made in accordance with Article 2(1) of the Joint Action shall be made available to Third States when the Secretary-General/High Representative judges it relevant for the dialogue, consultation and cooperation with the European Union on ESDP.

3. Tasking requests and products of the Centre resulting from requests made in accordance with Article ►M1 ►C2 2(2) ◄ ◄ of the Joint Action shall be made available to Third States upon decision of the requesting Party.

Article 6

Security

In their relations with the Centre and with respect to its products, the Third States shall, in an Exchange of Letters with the Centre, confirm that they apply the security standards defined in Council Decision 2001/264/EC, as well as those set out by possible providers of classified data.

Article 7

Consultative Committee

1. A Consultative Committee shall be set up, chaired by the Director of the Centre, or his or her representative, and composed of representatives of the members of the Board and representatives of Third States having accepted the present Provisions. The Consultative Committee may meet in different compositions.

2. The Committee shall address matters of common interests falling within the scope of these Provisions.

3. The Committee shall be convened at the Centre by the Chairman at his or her initiative or at the request of at least one third of its members and in any case not less than twice a year.

Article 8

Entry into force

1. These Provisions shall become effective with regard to each Third State on the first day of the month following a notification to the Secretary-General/High Representative by the competent authority of the Third State on acceptance of the terms set out in these Provisions.

2. The Third State shall notify the Secretary-General/High Representative at the latest one month before its decision not to avail itself any longer of these Provisions.