Proposal for a Council Decision on the agreement between the European Community, the European Space Agency and the European Organization for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system (97/C 337/08) (Text with EEA relevance) COM(97) 442 final - 97/0231 (CNS)

(submitted by the Commission on 23 September 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75 in conjunction with Article 228 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the European Space Agency Council approval of this agreement under Article XIV of its Convention,

Having regard to Measure 83/22 of the Eurocontrol Permanent Commission pursuant to Article 11 of the Eurocontrol Convention,

Whereas the agreement between the European Community, the European Space Agency and the European Organization for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The agreement between the European Community, the European Space Agency and the European Organization for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system is hereby approved on behalf of the European Community.

The text of the agreement as well as the technical annexes thereto are attached to this Decision.

Article 2

The President of the Council shall, on behalf of the Community, deposit the act of approval provided for in the agreement.

AGREEMENT between the European Community, the European Space Agency and the European Organization for the Safety of Air Navigation on a European contribution to the development of a global navigation satellite system

THE EUROPEAN COMMUNITY (hereinafter referred to as 'the EC`) represented by . . .,

and

THE EUROPEAN SPACE AGENCY established by the Convention of the European Space Agency opened for signature in Paris on 30 May 1975 (hereinafter referred to as 'ESA`), represented by its Director General, Jean-Marie Luton,

and

THE EUROPEAN ORGANIZATION FOR THE SAFETY OF AIR NAVIGATION established by the Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960, as amended by the Protocol of 12 February 1981 (hereinafter referred to as 'Eurocontrol`), represented by its Director General, Yves Lambert,

(hereinafter collectively referred to as 'the Parties`),

TAKING NOTE that studies on navigation by satellite are evolving from research to the definition of an operational application system and that these have reached a sufficient degree of maturity for a European contribution to a global navigation satellite system thereby enhancing the involvement of European industry in this field;

TAKING NOTE of the interest expressed by European Governments in a European contribution to satellite navigation as expressed on the occasion of the European Civil Aviation Conference meeting of 10 June 1994;

HAVING REGARD to the communication from the European Commission on satellite navigation services of 14 June 1994, the European Parliament resolution of 13 November 1994, the resolution of the Council of the European Union of 19 December 1994 on the European contribution to the development of a global navigation satellite system (GNSS), the conclusion of the Council of the European Union of 14 March 1995 inviting the European Commission to contribute to the implementation of the global navigation satellite system (GNSS 1) by taking all necessary measures for the leasing of the Inmarsat III transponders, and the Decision by the Council of the European Union and the European Parliament on 23 July 1996 on the guidelines for the development of the Trans European Transport Network;

HAVING REGARD to ESA Council approval of this Agreement on . . . under Article XIV.1 of the Convention of the European Space Agency;

HAVING REGARD to measure No 83/22 taken by the Eurocontrol Permanent Commission on 31 January 1995, pursuant to Article 11 of the Convention relating to cooperation for the Safety of Air Navigation as amended on 12 February 1981;

RECOGNIZING the necessity of coordinating further their activities in order to ensure the credibility and effectiveness of a European involvement in this domain, in particular with regard to the development of a satellite navigation system using Inmarsat III navigation payloads for which the Parties submitted a proposal entitled the European Geostationary Navigation Overlay Service (EGNOS) which was accepted by the Inmarsat Council on 21 November 1994 and also on 15 November 1995,

HAVE AGREED AS FOLLOWS:

Article 1 Purpose

The purpose of this Agreement is to establish cooperation between the Parties with a view to providing a European contribution to the development of a global navigation satellite system. This concerted effort is aimed at placing Europe in a position to allow provision for a satellite navigation service which shall, as far as practicable, satisfy the requirements of civil users for operational use independently of other means of radio navigation and positioning.

Article 2 Definitions

For the purpose of this Agreement, the following definitions shall apply:

'global navigation satellite system (GNSS)`: GNSS is a satellite-based world-wide position, velocity, and time determination system which fulfils on a permanent basis potential user requirements for civil applications.

'GNSS1`: GNSS1 is an initial implementation of GNSS, based upon the existing United States of America and Russian military satellite navigation systems, augmented by civil systems, designed to provide the user with sufficient independent monitoring of the whole system.

'GNSS2`: GNSS2 is a world-wide civil navigation satellite system to be internationally controlled and managed, which meets the requirements of all categories of uses for position, velocity and time determination.

'European Geostationary Navigation Overlay Service (EGNOS)`: EGNOS is a European augmentation of existing satellite navigation and positioning systems, using geostationary satellites with the aim of enhancing the performance of these systems over Europe and providing a capability over the whole geostationary broadcast areas. EGNOS is a European component of GNSS1.

Article 3 Scope

The scope of cooperation between the Parties is covered by this Agreement and further detailed in Annexes I and II. It covers the following activities:

(a) the development and validation of an operational capability of a European contribution to GNSS1, using existing satellite systems and any appropriate augmentation to fulfil users requirements;

(b) coordination of actions of each Party for the attainment of a full operational capability of GNSS1;

(c) in parallel with GNSS1, preparatory work for the definition and design of GNSS2.

Article 4 Contributions of the Parties to GNSS-1

The Parties shall take the appropriate measures, in accordance with their respective rules and procedures, and shall use their best endeavours, to contribute in due time to GNSS-1 as specified in Annex II, as follows:

(a) ESA shall contribute through the implementation of its advanced research in telecommunication systems (ARTES) programme, in particular element 9, which includes the technical developments of EGNOS and its operation for testing and technical validation purposes.

(b) Eurocontrol shall provide the civil aviation user requirements and validate the resulting system against these requirements. Eurocontrol shall also support the European efforts to ensure that GNSS-1 is operationally acceptable for civil aviation.

(c) The EC shall contribute to the consolidation of the requirements of all users and to the validation of the resulting system against such requirements, in particular in the framework of its Trans European networks and research and development actions, without prejudice to the legislation on the technical harmonization procedures such as those on aircraft and air traffic management equipment.

The EC shall, in particular, also provide for the establishment of EGNOS by taking all appropriate measures, including the leasing of geostationary transponders.

Article 5 Working arrangements between the Parties

5.1. To ensure progressive development of their cooperation, a Joint Tripartite Committee composed of the Parties is hereby set up with the objective of monitoring the implementation of this Agreement and to formulate guidelines and coordinate common approaches towards the realization of this Agreement. The Joint Tripartite Committee shall meet at least once a year or more frequently, if necessary, at the request of one of the Parties, and shall adopt its own rules of procedure.

5.2. The Joint Tripartite Committee shall be assisted by a Secretariat to provide the day-to-day administrative support and, upon request, organize the technical support. The Parties undertake, in accordance with their respective rules and procedures, to contribute jointly to such administrative support.

5.3. The Joint Tripartite Committee shall carry out the tasks specified in this Agreement, by:

(a) exchanging information on the progress made in activities related to the scope of this Agreement and exchanging relevant documentation and results emanating from the contributions of the Parties under this Agreement;

(b) inviting representatives from each of the Parties to participate in meetings relating to those activities which form the basis of this Agreement;

(c) exchanging information and coordinating, as far as possible, prior to contacts with non-European parties when such contacts are relevant to this Agreement;

(d) formulating proposals towards arrangements necessary for the future operational service of positioning and navigation;

(e) submitting proposals for the organization of the Secretariat support.

5.4. Any change or update of the technical contents of Annexes I and II which have no impact on the scope of this Agreement, especially on its financial and operational provisions, may be approved by the Joint Tripartite Committee, by a unanimous decision.

Article 6 Exchange of information and disclosure

6.1. Each Party shall exchange with the other Parties all information at their disposal which may be required for the implementation of this Agreement, subject to its own rules on exchange of information.

6.2. Except as otherwise provided, no Party shall disclose any information exchanged in connection with this Agreement to any person other than those employed by them or officially entitled to handle such information (including each Party's Member States) nor use it for commercial purposes. Such disclosure shall extend so far only as may be necessary for the purpose of this Agreement and shall be in strict confidence.

Article 7 Rights and properties

7.1. Each Party shall, in accordance with its own rules and procedures, administer or retain the property and commercial rights in the software, equipment and documentation which it has financed and developed within the framework of its own activities in implementing this Agreement.

7.2. Specific arrangements between the Parties may be required for joint developments made for the purpose of this Agreement.

Article 8 Financial arrangements

8.1. Each Party shall ensure that the appropriate financial arrangements are made in good time and in accordance with its own procedures, in order to discharge its own responsibilities under this Agreement and Annexes.

8.2. Upon completion of the EGNOS testing and technical validation, new financial arrangements shall be required to be in place.

Article 9 Contract authority and procedures

All contracts required for the implementation of this Agreement and which are let by one Party shall be let in accordance with the normal procedure of that Party, without prejudice to Article 7.2 above.

Article 10 Liability

10.1. The Parties agree that, with respect to activities undertaken pursuant to this Agreement, no Party shall make any claim against the other Parties with respect to injury or death of its employees, or any person acting on its behalf, or with respect to damage of any kind to or loss of its property, caused by one of the Parties, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of gross negligence or wilful misconduct.

10.2. In the event of a claim from a third party resulting from the Parties' implementation of their respective contributions as specified in Annex II, each Party shall only be liable to the extent that the claim relates to that Party's contribution.

10.3. The Parties agree that only the Party who has contracted with a third party in the context of the execution of the contribution of the Parties as specified in Annex II will be liable for any claims from this third party resulting from the contract in question.

Article 11 Force majeure

The Parties shall not be considered in breach of this Agreement if any failure to provide their contributions hereunder arises from or is caused by force majeure.

Article 12 Public relations

12.1. Each Party shall undertake to coordinate with the others in advance concerning its own or joint public relations activities related to subjects covered by this Agreement.

12.2. In all relevant media activities, the role of each Party in this Agreement shall be clearly identified and mentioned.

12.3. The detailed arrangements for implementing public relations activities foreseen under this Article shall be mutually agreed.

Article 13 Amendments

13.1. This Agreement shall only be amended by unanimous written agreement of the Parties.

13.2. Should any Party encounter problems in the course of its respective contribution including financial contribution, the Parties agree to examine, in the framework of the Joint Tripartite Committee, ways of achieving the planned contributions and review, to the extent necessary, the objectives and the content of this Agreement.

Article 14 Participation by third parties

This Agreement may be opened to the participation of other parties who are able to contribute to the fulfilment of the tasks under this Agreement. Amendments in accordance with Article 13 above shall then be made for that purpose.

Article 15 Settlement of disputes

15.1. Any disputes which may arise between the Parties relating to the interpretation or application of this Agreement or its Annexes shall be submitted for direct negotiations within the Joint Tripartite Committee.

15.2. In case of it not being possible to settle the dispute in accordance with paragraph 1, any Party may notify the others of the appointment of an arbitrator; the other Parties must then appoint their arbitrator within two months.

15.3. The Joint Tripartite Committee shall appoint two additional arbitrators by unanimous decision.

15.4. The arbitrators' decisions shall be taken by majority vote.

15.5. Each party to the dispute must take the appropriate steps required to implement the decision of the arbitrators.

Article 16 Annexes

This Agreement contains Annexes I and II which form an integral part hereto. Article 5.4. above contains the procedure for updating of the Annexes.

Article 17 Entry into force and termination

17.1. This Agreement shall enter into force on the date of signature thereof by the Parties, and shall remain in force until completion of the activities as specified in Annexes I and II or until such time as this Agreement is replaced by another cooperation agreement.

17.2. Notwithstanding paragraph 1 above, any Party may, however, terminate the Agreement upon completion of the EGNOS technical and operational validation, by notifying the other Parties of its intention six months in advance.

17.3. In case of termination of the Agreement in accordance with paragraph 2 above, the Parties shall agree on all appropriate measures to be taken.

The present Agreement is signed in three original copies in the Danish, Dutch, English, French, German, Greek, Italian, Finnish, Portuguese, Spanish, Swedish languages, each of which is to be considered equally authoritative for purposes of interpretation.

ANNEX I

1. Introduction

The scope of cooperation between the Parties, as set out in Article 3 of this Agreement is detailed in the activities below.

2. European contribution to GNSS-1: Article 3 (a)

This contribution involves the development of augmentation systems to the current satellite-based radio-navigation and positioning systems in order to meet civil user requirements (land, sea, air, and other non-transport user requirements) over Europe and over the whole geostationary broadcast areas.

It is composed of the following major activities:

- identification of user requirements,

- development, testing, technical and operational validation of the European Geostationary Navigation Overlay Service (EGNOS), which is a wide area augmentation of existing satellite-based radio-navigation and positioning systems, relying on the use of geostationary satellites, providing additional satellite ranging capability, integrity and wide area differential information to users,

- additional augmentation (e.g. local area augmentation, receiver autonomous integrity monitoring, etc.),

- development, testing and validation of user equipment,

- certification of European GNSS-1 elements.

A more detailed description of the European contribution to GNSS-1 is provided in Annex II.

3. Transition to a full operational capability of GNSS-1: Article 3 (b)

The Parties undertake to identify mechanisms to accommodate possible further inputs to attain, a full operational capability of GNSS-1, which will require in particular additional space capacity.

4. Preparatory Work for GNSS-2: Article 3 (c)

The Parties will liaise on preparatory work for the definition and design of GNSS-2, including studies for the preparation of an in-orbit demonstration to be undertaken in the time-frame 1997-2000. Candidate system configurations shall be studied to subsequently identify and initiate critical research and technology developments and carry-out early trials of selected GNSS-2 concepts.

The preparatory work for GNSS-2 includes the following:

- mission definition (identification of additional user requirements, signal design requirements, demonstration system applications definition),

- system definition (system options, demonstration system design, definition of demonstration programme),

- predevelopment activities in preparation of the GNSS-2 technology,

- development of an experimental navigation payload and the performance of system simulation tests and in-orbit flight demonstrations,

- GNSS-2 architectural design (design of a complete navigation satellite system including its logistic and operational aspects).

ANNEX II

1. Introduction

This Annex provides a breakdown of the contributions of the Parties referred to in Article 4. They are related to the design, development and implementation of EGNOS up to the completion of a first implementation phase involving the use of at least two geostationary navigation transponders. A description of EGNOS is given below.

The EGNOS system is an augmentation of existing satellite-based radio navigation and positioning systems using geostationary satellites that shall enhance the performance of these systems over Europe and more generally over the whole geostationary broadcast area(s).

By using navigation transponders on geostationary satellites and processing data from a network of terrestrial monitoring stations, EGNOS shall provide additional satellite ranging capability, service integrity and wide-area differential (WAD) correction data. The aim of the WAD service is to improve the accuracy of existing satellite-based radio navigation systems, in particular over Europe. The EGNOS system will improve the overall satellite navigation service availability.

The EGNOS infrastructure shall consist of:

- mission control centres (MCCs),

- navigation transponders on geostationary satellites,

- navigation land earth stations (NLESs) for accessing the navigation transponders,

- ranging and integrity monitoring stations (RIMSs),

- upgraded RIMSs for accurate orbit determination of the geostationary satellites hosting the navigation transponders,

- a network of reference stations for verifying the integrity of the WAD corrections computed by EGNOS. Simplified RIMSs will be used as reference stations.

2. ESA contribution

ESA shall contribute through the implementation of its ARTES programme, in particular, Element 9 thereof.

In particular, ESA shall undertake the following activities:

- EGNOS project management,

- mission analysis and system definition,

- early trials,

- test and simulation,

- ranging system development,

- integrity system development,

- WAD system development,

- testing and technical validation of EGNOS, including provisions for ground communications and MCCs running costs during the testing and validation period.

3. Eurocontrol's contribution

Eurocontrol shall undertake, in the context of its satellite navigation applications activities and in close cooperation with the International Civil Aviation Organization (ICAO), the following:

- provision of civil aviation user requirements,

- operational testing and validation for civil aviation GNSS-1 users. This shall include static ground measurements, dedicated flight trials and data recording campaigns on commercial airliners,

- support to the European activities to ensure that GNSS is operationally acceptable for civil aviation. This work shall be carried out with the widest cooperation possible within the civil aviation environment, including the Joint Aviation Authorities (JAA).

4. EC contribution

The EC shall undertake, in accordance with its relevant procedures in the context of the Trans-European Network and the Framework Programmes on Research and Development, to contribute to the following tasks:

- consolidation of user requirements relative to GNSS-1,

- design, development and support of the standardization effort of GNSS-1-user equipment, for all types of application (maritime, civil aviation, land transport),

- analysis of the integration aspects in the user vehicles, in preparation of validation trials,

- provision of at least two satellite links for the implementation of EGNOS (in particular lease of AOR-E and IOR Inmarsat III transponders and of necessary facilities in corresponding NLESs),

- performance of trials to validate user requirements and user equipment prototypes in operational conditions.