Council Joint Action of 20 July 2001 on the establishment of a European Union Satellite Centre
Date: 2001-07-20
Institutions: Council of the European Union
Subjects: EU office or agency, Western European Union, common foreign and security policy, cooperation policy, international organisation, satellite communications

25.7.2001

EN

Official Journal of the European Communities

L 200/5

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 partic-
ular Article 14 thereof,

Whereas:

The Centre shall have its headquarters at Torrejón de

2.
Ardoz, Spain.

The initial infrastructure of the Centre will be provided by

3.
the WEU.

On 10 November 2000 the Council recorded its agree-
ment 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.

Article 2

Mission

(1)

(2)

(3)

(4)

(5)

The establishment of a European Union Satellite Centre
is essential for strengthening early warning and crisis
the
monitoring
Common Foreign and Security Policy (CFSP), and in
particular of the European Security and Defence Policy
(ESDP).

functions within the

context of

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,
the
Commission's Joint Research Centre, national and inter-
national
It should be coherent with the
European Strategy for Space endorsed by the Council on
16 November 2000.

in particular

institutions.

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 institu-
tions.

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 elabo-
ration and implementation of decisions and actions of
the European Union which have defence implications.
This provision, however, does not exclude the participa-
tion 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,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Establishment

The Centre shall support

1.
the
Union in the context of the CFSP, in particular of the ESDP, by
resulting from the analysis of satellite
providing material
imagery and collateral data, including aerial imagery as appro-
priate,

in accordance with Articles 3 and 4.

the decision-making of

A Member State or the Commission may address requests
2.
the
to the Secretary-General/High Representative, who,
capacity of the Centre allows, will direct the Centre accord-
ingly,

in conformity with Article 4.

if

Third States having agreed to the Provisions set out in the
3.
Annex on the association with the Centre's activities may also
address requests to the Secretary-General/High Representative,
who, if the capacity of the Centre allows, will direct the Centre
accordingly,

in conformity with Article 4.

4.
International organisations such as the United Nations
(UN), Organisation for Security and Cooperation in Europe
(OSCE) and North Atlantic Treaty Organisation (NATO), may
also address requests to the Secretary-General/High Repres-
entative, who, if the capacity of the Centre allows, may direct
the Centre accordingly,

in conformity with Article 4.

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 Repres-
entative on the Centre's priorities.

Article 4

Operational direction

1. A European Union Satellite Centre (EUSC), hereinafter
is hereby established. It shall be

1.
referred to as ‘the Centre’,
operational as from 1 January 2002.

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.

L 200/6

EN

Official Journal of the European Communities

25.7.2001

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

authorised by the Member State or the Commission, as appro-
priate, shall be directed to the Secretary-General/High Repres-
entative.

Article 5

Products of the Centre

1.
The products of the Centre in response to requests made
in accordance with Articles 2(1), 2(3) and 2(4) shall be made
available at the General Secretariat of the Council to Member
States, the Commission, and the requesting party, in accord-
ance 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.

In the interest of

the Secretary-General/
transparency,
2.
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 2(2) 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.

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 prop-
erty 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 Repres-
entative 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

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

Decisions of the Board shall be taken on a vote by the
5.
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 preju-
dice 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
issues within its overall
dealing with specific subjects or
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.

2.
The Director shall appoint the Deputy Director of the
Centre for a period of three years after approval by the Board.
The Director shall be responsible for recruiting all other staff of
the Centre.

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 profession-
alism 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;

25.7.2001

EN

Official Journal of the European Communities

L 200/7

— all personnel matters;
— informing the Political and Security Committee on the

The measures to be carried out under the annual programme
shall be accompanied by an estimate of necessary expenditure.

annual work programme;

— ensuring close cooperation and information exchange with
in particular with the

Community space-related services,
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 expendi-
ture 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 Commis-
sion and the Member States.

7.

The Director shall be accountable to the Board.

The Director shall be the legal representative of

8.
Centre.

Article 9

Staff

the Centre,

The staff of

1.
including the Director, shall
consist of contract staff members recruited on the broadest
possible basis from among nationals of the Member States. The
initial staff will be recruited as needed from among the staff of
the WEU Satellite Centre.

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

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

The Centre shall apply the Council's security regulations

1.
set out in Decision 2001/264/EC (1).

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

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.

The income and expenditure shown in the budget of the

2.
Centre shall be in balance.

3.
The income of the Centre shall consist in contributions
from the Member States except Denmark according to the GNP
scale and payments made in remuneration for
services
rendered.

the

4.
Tasking requests from a Member State, the Commission,
international organisations or from Third States having agreed
to the Provisions set out in the Annex shall be subject to cost
recovery charges in accordance with Guidelines set out in the
Financial Rules referred to in Article 15.

5.
By way of derogation from paragraph 4, until 31
December 2003, products resulting from tasking requests made
in accordance with Article 2(2) shall be free of charge. By way
of derogation from Article 5(3), products resulting from these
requests shall be made available to all Member States, to the
Commission and, upon decision of the requesting party, to
Third States having agreed to the Provisions set out in the
Annex and in accordance with those Provisions,.

Article 13

Budgetary procedure

The Director shall establish by 30 June each year a draft
1.
budget
for the Centre covering administrative expenditure,
operational expenditure and expected income for the following
financial year and shall submit it to the Board. The Director
shall send the draft budget to the Council for information.

The Board shall adopt

2.
unanimity of
December of each year.

the Centre by
the budget of
the representatives of Member States by 15

3.
If, while monitoring a crisis, resources available to the
Centre are not adequate to meet the demand for products, the
Director may propose a supplementary budget to the Board.

Article 11

Work programme

Article 14

Control of the budget

No later than 30 November each year, the Board shall, on the
basis of a draft submitted by the Director of the Centre, adopt
the Centre's annual work programme for the following year.

(1) OJ L 101, 11.4.2001, p. 1.

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

L 200/8

EN

Official Journal of the European Communities

25.7.2001

By 31 March each year at the latest, the Director shall
2.
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.

The Board shall give discharge to the Director in respect

3.
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.

Article 17

Seconded personnel

1.
In agreement with the Director, experts from Member
States and the Commission may be seconded to the Centre, for
periods not exceeding one year, with a view to familiarising
themselves with its functions. The candidates shall be experi-
enced image analysts possessing professional qualifications
allowing them to work on digital imagery and to be integrated
in the operational activities of the Centre. The detailed rules for
secondment shall be laid down by the Director of the Centre.

2.
In the event of a crisis, the Centre may be reinforced by
specialist staff, seconded by the Member States, the Commis-
sion 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.

Article 18

Legal liability

The contractual liability of the Centre shall be governed

1.
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 (1).

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 2(2).

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 impli-
cations under Article 2(2), (3) and (4) and the resulting prod-
ucts.

Denmark has the right to second staff to the Centre in accord-
ance with Article 17.

Article 21

Association of Third States

Non-EU European 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 Provi-
sions set out in the Annex.

Article 22

Review

The Secretary-General/High Representative shall present no
later than five years from its entry into force, a report to the
Council on the implementation of this Joint Action with a view
to its possible review.

Article 23

Transitional provisions

The first Board of the Centre shall be appointed, and the
1.
Director shall be designated, by 31 July 2001. The Director
shall be entrusted with the management of the transition from
the WEU subsidiary body to the new entity.

2.
The designated Director shall present a draft budget for
the year 2002 by 15 September 2001. The Board shall adopt
the budget by 15 November 2001.

(1) OJ L 145, 31.5.2001, p. 43.

25.7.2001

EN

Official Journal of the European Communities

L 200/9

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

Contracts not relating to staff, signed by the WEU on
4.
behalf of the WEU Satellite Centre, shall also be taken over by
the Centre.

Tasks already requested under the WEU regime up to 31
free of charge for the

5.
December 2001 will be completed,
requesting party.

6.
The budget for expenditure borne by the Member States
for the financial year 2002 shall be EUR 9,3 million, which
will

include a voluntary contribution from Denmark.

Article 24

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

its

This Joint Action shall be published in the Official Journal.

Article 25

Done at Brussels, 20 July 2001.

For the Council

The President

J. VANDE LANOTTE

L 200/10

EN

Official Journal of the European Communities

25.7.2001

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

ANNEX

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 2(3) of the Joint Action.

2.
accordingly,

If the capacity of the Centre allows, the Secretary-General/High Representative, will direct the Centre

in conformity with Article 4 of the Joint Action.

Third States shall accompany each request by collateral data as appropriate, and shall reimburse the
3.
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

Third States shall be entitled to submit to the Centre candidates for secondment as image analysts for

1.
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.

The duration of the stay shall start with a six month period, subject to review based on a proposal by
3.
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.

Image analysts from Third States shall comply with the relevant Centre security regulations and enter

5.
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.

25.7.2001

EN

Official Journal of the European Communities

L 200/11

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

The Secretary-General/High Representative shall

1.
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.

Tasking requests and products of the Centre resulting from requests made in accordance with Article
3.
2(2), (3) and (4) 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

A Consultative Committee shall be set up, chaired by the Director of the Centre, or his or her
1.
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 composi-
tions.

2.

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

The Committee shall be convened at the Centre by the Chairman at his or her initiative or at the

3.
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.

The Third State shall notify the Secretary-General/High Representative at the latest one month before

2.
its decision not to avail

itself any longer of these Provisions.