Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes
Date: 2004-07-12
Institutions: Council of the European Union
Subjects: EU office or agency, EU programme, joint venture, operation of the Institutions, satellite navigation

20.7.2004

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1321/2004

of 12 July 2004

on the establishment of structures for the management of the European satellite radio-navigation
programmes

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty
Community, and in particular Article 308 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

it

is

Given the strategic nature of the European satellite radio-
navigation programmes and the need to ensure that
essential public interests are adequately defended and
represented,
imperative to supervise the next
phases of the system and the use of Community funds
allocated to the programmes in accordance with the
and
relevant political orientations of
financial decisions of
a
European Global Navigation Satellite System (GNSS)
referred to as the
Supervisory Authority (hereinafter
Authority) should therefore be set up.

the budgetary authorities;

the Council

(1)

(2)

(3)

(4)

The European satellite radio-navigation policy is presently
implemented
and Galileo
the
programmes.

through

EGNOS

It

the

contribute

to
in areas

Galileo is the first European space programme to be
financed and managed by the European Union in asso-
ciation with the European Space Agency (ESA).
is
of
development
to
expected
numerous applications
that are associated,
directly or indirectly, with Community policies, such as
transport (positioning and measurement of the speed of
law enfor-
moving bodies),
cement
(surveillance of suspects, measures to combat
crime), customs and excise operations (investigations on
the ground, etc.), agriculture (grain or pesticide dose
adjustments depending on the terrain, etc.),
fisheries
(monitoring of boat movements).

insurance, motorway tolls,

EGNOS is a tripartite programme between the European
Community,
at
the ESA and Eurocontrol
augmenting the American GPS and Russian GLONASS
signals for reliability purposes on a broad geographical
area.
from and complementary to
It
Galileo.

is independent

aiming

The conclusions of the European Council in Cologne (3
and 4 June 1999), Feira (19 and 20 June 2000), Nice (7
to 11 December 2000), Stockholm (23 and 24 March
2001, Laeken (14 and 15 December 2001), Barcelona
(15 and 16 March 2002) and Brussels (20 and 21
March 2003) have stressed the strategic nature of Galileo.

(1) Opinion delivered on 31 March 2004 (not yet published in the

Official Journal).

(6)

(7)

On a number of occasions, and particularly in its
conclusions of 5 April 2001 and 26 March 2002, the
Council underlined that substantial private sector partici-
pation is a fundamental element
the success of
Galileo in its deployment and operational phases.

for

To this end, the Authority should conclude a concession
selected on
contract with whichever consortium is
completion of
the development phase of Galileo and
take steps to ensure compliance by that consortium
with the obligations — in particular the public service
obligations — arising from the concession contract.

(8)

The Authority should be the concession holder's sole
interlocutor on the matter of frequencies.

(9)

In parallel, Member States that have lodged files with the
International Telecommunication Union on the use of
the frequencies necessary to ensure the operation of the
system should also allow the Authority to assign the
right to use thereof to the concession holder for the
duration of the concession, so as to enable the latter to
provide the requisite services stipulated in the specifi-
cations.

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(10)

The Authority should be responsible for managing and
controlling the use of the funds specifically allocated to it
for the programmes.

(17)

(11)

(12)

The Authority should assist the Commission in matters
involving satellite radio-navigation, particularly in cases
prove
where
necessary.

regulatory measures

legislative

and

those

assessment

and technological

The Authority should utilise ongoing research, devel-
opment
in
particular
carried out by ESA. Taking into
account Council Resolution of 16 November 2000 on
a European space strategy (1), cooperation with the ESA
should exploit to the fullest the possibilities offered by
the
Framework Agreement between the European
Community and the ESA, where relevant.

activities,

(13)

The Authority should protect and valorise Community
investment already done on space technology and infra-
structure.

(14)

Following its dissolution, the Galileo Joint Undertaking
should transfer, according to the relevant rules of
its
Statutes, all property it has acquired to the Authority.
All property developed by the concession holder during
the deployment phase should be vested in the Authority
unless otherwise agreed in advance, as the programme
definition, development and validation phases have been
financed almost entirely from public funds and all
components
the
disposal of the concession holder.

thus developed should be put at

(15)

The legal status of the Authority should be such as to
enable it to act as a legal person in the discharge of its
tasks.

(16)

the Authority,

In order to ensure effectively the accomplishment of the
tasks of
the Member States and the
Commission should be represented on an Administrative
Board entrusted with the necessary powers to establish
the budget, verify its execution, adopt the appropriate
financial rules, establish transparent working procedure
for decision making by the Authority, approve its work
programme and appoint the Executive Director.

(1) OJ C 371, 23.12.2000, p. 2.

The smooth functioning of the Authority requires that its
Executive Director be appointed on the grounds of merit
and documented administrative and managerial skills, as
well as relevant competence and experience, and that
he/she performs his/her duties with complete inde-
pendence and flexibility as to the organisation of the
internal
the Authority. The Executive
Director should prepare and take all necessary steps to
ensure the proper accomplishment of
the working
programme of the Authority, should prepare each year
a draft general report to be submitted to the Adminis-
trative Board, should draw up a draft statement of
estimates of revenues and expenditure of the Authority
and should implement the budget.

functioning of

(18)

Procedures whereby office-holders are appointed should
be transparent.

(19)

The Administrative Board should have the possibility to
set up a Scientific and Technical Committee to assist the
Authority in technical questions and in the moderni-
sation of the system.

(20) A System Safety and Security Committee should be
aspects

the Authority on all

established to assist
relating to the system's safety and security.

(21)

In order
to guarantee the full autonomy and inde-
pendence of the Authority, it is considered necessary to
grant it an autonomous budget whose revenue comes
essentially from a contribution from the Community.
The Community budgetary procedure remains applicable
as far as any subsidies chargeable to the general budget
of the European Union are concerned. Moreover, the
Court of Auditors should undertake the auditing of
accounts.

(22) Within its scope, its objectives and in the performance of
its tasks, the Authority should comply in particular with
the provisions applicable to Community institutions.

(23)

The Authority should apply the relevant Community
legislation concerning public access to documents and
the protection of
individuals with regard to the
processing of personal data, it should also comply with
the security principles applicable to the Council and the
Commission services.

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(24)

It should be possible for third countries to participate in
the Authority, provided they have concluded a prior
agreement to this effect with the Community, particularly
when these countries have been involved in the previous
phases of the programme through their contribution to
the Galileosat programme of the ESA.

(25)

The European GNSS should be regarded as a sensitive
infrastructure in terms of safety and reliability.

(26) Measures should be put in place to ensure the safety and
reliability of
the system against attacks (malicious or
its use for purposes that
otherwise) and to prevent
could affect the security of the European Union or its
Member States.

(b) It shall manage the funds specifically allocated to it for the
the overall
in order to advise on the public

European GNSS programmes and monitor
financial management
sector contributions.

(c)

It shall be entrusted with the responsibility — inherited
from the Galileo Joint Undertaking — of managing the
charged with
agreement with the
operating EGNOS and of presenting a framework on the
future policy options concerning EGNOS, with due regard
to the opinion of those parties who contributed to the
funding of
the development and deployment phases of
EGNOS.

economic operator

(27)

set out

in Council

Joint Action
The procedure
the
2004/552/CFSP of 12 July 2004 on aspects of
operation of
the European satellite radio-navigation
system affecting the security of the European Union (1)
should be applicable in cases where a Member State
considers that its national security is under threat.

(d) It shall coordinate Member States' actions in respect of the
frequencies necessary to ensure the operation of the system;
it shall hold the right to use all these frequencies wherever
the system is
shall deal directly with the
concession holder on matters relating to the use of these
frequencies.

located;

it

(28)

The Treaty provides for no powers, other than those in
Article 308 thereof, for the adoption of this Regulation,

(e)

In order to assist the Commission in preparing proposals
for the European GNSS programmes to be presented to the
European Parliament and to the Council and in adopting the
implementing rules, it shall prepare drafts thereof.

HAS ADOPTED THIS REGULATION:

Article 1

Aim and objective

(f)

It shall be responsible for the modernisation and devel-
opment of new generations of the system.

This Regulation sets up a Community agency, called the
European GNSS Supervisory Authority (hereinafter referred to
as the Authority), to manage the public interests relating to, and
the European GNSS
to be
programmes.

regulatory authority for

the

(g)

It may accomplish such budgetary implementation tasks as
are entrusted to it by the Commission and that are linked to
the European GNSS programmes in accordance with Article
54(2)(b)
Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of the European Commu-
nities (2).

of Council Regulation

(EC,

Article 2

Tasks

1.

The Authority shall carry out the following tasks:

(a)

for

responsible

implementing

It shall be the licensing authority vis-à-vis the private
concession holder
and
managing the Galileo deployment and operating phases
(hereinafter referred to as the concession holder);
in this
it shall conclude with the latter the concession
context,
contract;
concession holder
complies with the concession contract and the specifications
annexed thereto and shall take all appropriate measures to
ensure the continuity of services in case of default of the
concession holder; it shall grant the concession holder the
right to use the tangible and intangible assets referred to in
Article 3(1) for the duration of the concession.

ensure

shall

that

the

it

(h) It shall ensure that the components of the system are duly
certified; it shall empower the appropriate authorised certi-
fication bodies for issuing the relevant certificates and moni-
toring the respect of related standards and technical speci-
fications.

(i)

It shall enforce and verify compliance by the concession
holder with instructions issued pursuant to Joint Action
2004/552/CFSP.

(j) Without prejudice to Article 22, it shall manage all aspects
relating to the system's safety and security. In particular, it
shall:

(1) See page 30 of this Official Journal.

(2) OJ L 248, 16.9.2002, p. 1.

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(i)

approve the security annexes of industrial contracts;

(xi)

give advice to the Council when invited to do so
under Joint Action 2004/552/CFSP;

(ii)

define the security specifications of the system and its
components, and the standards of security for infor-
mation techniques;

(xii) give advice on security policy issues in international
GNSS
to

European

related

the

agreements
programmes.

(iii) define the cryptography which requires governmental

approval;

The ESA shall be requested to provide the Authority with

2.
technical and scientific support.

(iv)

ensure that the European GNSS signals/services are
controlled in compliance with security criteria, as
specified in (i) and (ii);

(v)

be the European GNSS security accreditation authority,
initiate and monitor the implementation of security
procedures and perform system security audits;

(vi)

regarding the Public Regulated Service (PRS):

— define

the

specifications

for
manufacturing PRS receivers,
in accordance with
the policy of access to PRS defined by the Council,

and instructions

— provide guidelines for the implementation of PRS

management rules in the Member States;

(vii) enforce and verify compliance by the concession
holder with international
and agreements
(Wassenaar, Missile Technology Control Regime, inter-
national agreements, …);

rules

(viii) implement the relevant provisions for the exchange,
handling and storage of classified information;

(ix) develop coordination and consultation procedures on
security-related matters with the Secretary-General of
the Council of the European Union, High Represen-
tative for the Common Foreign and Security Policy
(SG/HR);

Article 3

Ownership

1.
The Authority shall be the owner of all the tangible and
intangible assets which are transferred to it by the GALILEO
Joint Undertaking on completion of the development phase and
which may be created or developed by the concession holder
during the deployment and operational phases.

The procedures governing ensuing transfers of property
2.
in the case of the Galileo Joint Undertaking, be set out
will,
the winding-up proceedings laid down in
in the course of
Article 21 of
the Galileo Joint Undertaking
annexed to Regulation (EC) No 876/2002 (1) and, in the case
of the concession holder, in the concession contract.

the statutes of

3.
The Authority shall be the owner of all the tangible and
intangible EGNOS assets subject to agreement with the EGNOS
investors on the terms and conditions on the transfer from ESA
of ownership of all or part of
the EGNOS facilities and
equipment.

Article 4

Legal status, local offices

The Authority shall be a body of the Community. It shall

1.
have legal personality.

2.
In each of the Member State, the Authority shall enjoy the
most extensive legal capacity accorded to legal persons under
their law. It may, in particular, acquire or dispose of movable
and immovable property and be a party to legal proceedings.

3.
The Authority may decide to establish local offices in
Member States subject to their consent, or in other countries
participating to the programme in accordance with Article 21.

The Authority shall be represented by its Executive

4.
Director.

(x)

identify and inform the Council of possible measures
that could be taken by the Council in the event of a
threat to the security of the European Union or of 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 the result of an interna-
tional crisis;

Article 5

Administrative Board

An Administrative Board is hereby set up to carry out the

1.
tasks listed in Article 6.

(1) OJ L 138, 28.5.2002, p. 1.

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The Administrative Board shall be composed of one repre-
2.
sentative appointed by each Member State and one represen-
tative appointed by the Commission. The duration of the term
of office of the Board members shall be five years. The term of
office may be renewed once.

Article 6

Tasks of the Administrative Board

The Administrative Board shall:

3. When appropriate, the participation of representatives of
third countries and the conditions thereof shall be established in
the arrangements referred to in Article 21.

(a) appoint the Executive Director pursuant to Article 7(2);

The Administrative Board shall elect a Chairperson and a
4.
Deputy Chairperson from among its members. The Deputy
Chairperson shall automatically take the place of the Chair-
person if he/she is prevented from attending to his/her duties.
The term of office of the Chairperson and of the Deputy Chair-
person shall be two and a half years and shall expire when they
cease to be members of the Administrative Board. The terms of
office may be renewed once.

5.
The meetings of
convened by its Chairperson.

the Administrative Board shall be

the work programme of

(b) adopt, by 30 November each year and after receiving the
Commission’s opinion,
the
to the
Authority for
Member States, the European Parliament, the Council and
the Commission. This work programme shall be adopted
without prejudice to the annual Community budgetary
procedure;

the coming year and forward it

(c) perform its duties in relation to the Authority's budget

pursuant to Articles 11 and 12;

The Executive Director of the Authority shall take part in the
deliberations.

(d) be responsible for all decisions related to the tasks set out in
in all cases, will be taken following
Article 2(j) which,
consultation with, or on the basis of proposals from, the
System Security and Safety Committee;

The Administrative Board shall hold an ordinary meeting twice
a year. In addition, it shall meet on the initiative of its Chair-
person or at the request of at least a third of its members.

(e) exercise disciplinary authority over the Executive Director;

The Administrative Board may invite any person whose opinion
can be of interest to attend its meetings as an observer. Where
security issues are being discussed, a representative of
the
SG/HR and the Chairperson of the System Safety and Security
the
Committee shall attend as observers. The members of
Administrative Board may, subject
its
to the provisions of
rules of procedure, be assisted by advisers or experts.

The secretariat of the Administrative Board shall be provided by
the Authority.

(f) adopt the special provisions necessary for the implemen-
the

the right of access to the documents of

tation of
Authority, in accordance with Article 19;

(g) adopt the annual report on the activities and prospects of
the Authority and forward it, by 15 June, to the Member
the
the
States,
Commission,
Social
Committee and the Court of Auditors; the Authority shall
forward to the budgetary authority all information relevant
to the outcome of the evaluation procedures;

the Council,

Parliament,

Economic

European

European

and

the

6.
Unless otherwise provided in this Regulation, the Admin-
istrative Board shall take its decisions by a two-thirds majority
of its members.

(h) adopt its rules of procedure.

Each member shall have one vote. The Executive Director

7.
of the Authority shall not vote.

Article 7

Executive Director

The rules of procedure shall establish the more detailed voting
arrangements, in particular the conditions for a member to act
on behalf of another member.

1.
The Authority shall be managed by its Executive Director,
who shall be completely independent in the exercise of his/her
duties, without prejudice to the respective competencies of the
Commission and the Administrative Board.

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The Executive Director shall be appointed by the Admin-
2.
istrative Board on the grounds of merit and documented admin-
istrative and managerial skills, as well as relevant competence
and experience, from a list of at least three candidates proposed
by the Commission. The Administrative Board shall take its
decision by a three-quarters majority of its members.

Power to dismiss the Executive Director shall
Administrative Board, according to the same procedure.

lie with the

The term of office of the Executive Director shall be five years.
This term of office may be renewed once.

3.
The European Parliament or the Council may call upon
the Executive Director to submit a report on the performance of
his duties.

Article 8

Tasks of the Executive Director

The Executive Director:

(a) shall be responsible for representing the Authority and be in

charge of its management;

(b) shall prepare the work of the Administrative Board. He/she
in the

shall participate, without having the right to vote,
work of the Board;

(c) shall be responsible for implementing the annual work
the

the Authority under the control of

programme of
Administrative Board;

(d) shall

take all necessary steps,

including the adoption of
internal administrative instructions and the publication of
notices,
the Authority in
accordance with this Regulation;

to ensure the functioning of

(e) shall draw up estimates of

the Authority's revenue and
expenditure in accordance with Article 11, and shall
implement the budget in accordance with Article 12;

Article 9

Scientific and Technical Committee

1. Without prejudice to Article 2, the Administrative Board
may set up a Scientific and Technical Committee and appoint
its members and chairman from among acknowledged experts
from Member States and the Commission. The Member States
and the Commission shall propose candidates to that effect.
When appropriate, the participation of representatives of third
countries in the Committee and the conditions thereof shall be
established in the arrangements referred to in Article 21.

The Scientific and Technical Committee may be given

2.
responsibility for:

(a) delivering opinions on technical questions or on proposals
the European

involving major changes in the design of
GNSS system;

(b) making recommendations on the modernisation of

the

system;

(c) carrying out any other task necessary for the development

of expertise in the area of satellite radio-navigation.

Subject

to approval by the Administrative Board,

the
3.
Scientific and Technical Committee shall draw up its rules of
procedure.

Article 10

System Safety and Security Committee

1.
The Administrative Board shall establish a System Safety
and Security Committee. It shall be composed of one represen-
tative per Member State and one for the Commission from
among acknowledged security experts. A representative of the
SG/HR shall attend the Committee meetings as an observer.

(f)

shall prepare a draft general report each year and submit it
to the Administrative Board;

2.
The Committee shall be consulted on and may initiate
proposals on the safety and security questions referred to in
Article 2(j).

(g) shall define the organisational structure of the Authority
and submit it for approval to the Administrative Board.
He/she shall establish a suitable permanent structure for
the implementation of security-related decisions and the
necessary security-related operational contacts;

(h) shall exercise, in respect of the staff, the powers laid down

in Article 16;

3.
The Committee shall elect a Chairperson and a Deputy
Chairperson from among its members and draw up its rules
of procedure.

Article 11

Budget

(i) may adopt, after approval of the Administrative Board, the
necessary measures to establish local offices in Member
States in accordance with Article 4.

1. Without prejudice to other resources and dues yet to be
defined, revenue of the Authority shall
include a Community
subsidy entered in the general budget of the European Union in
order to ensure a balance between revenue and expenditure.

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The expenditure of the Authority shall cover staff, admin-
2.
istrative and infrastructure expenditure, operating costs and
expenditure associated with the functioning of the Scientific
and Technical Committee,
the System Safety and Security
Committee and the contracts and agreements concluded by
the Authority with a view to implementing the European
GNSS programmes.

3.
The Executive Director shall draw up a draft statement of
estimates of the revenue and expenditure of the Authority for
the following year and shall forward it to the Administrative
Board, together with a draft establishment plan.

4.

Revenue and expenditure shall be in balance.

5.
Each year the Administrative Board, on the basis of the
draft statement of revenue and expenditure, shall produce a
statement of estimates of revenue and expenditure for the
Authority for the following financial year.

This statement of estimates, which shall

6.
include a draft
establishment plan together with the provisional work
programme, shall, by 31 March, be forwarded by the Adminis-
trative Board to the Commission and to the States with which
the Community has concluded agreements in accordance with
Article 21.

7.
The statement of estimates shall be forwarded by the
Commission to the European Parliament and to the Council
(hereinafter referred to as the budgetary authority)
together
the European
with the preliminary draft general budget of
Union.

estimates,

statement of

the European Union the

On the basis of
enter

the
the
8.
in the preliminary draft general
Commission shall
budget of
it deems
necessary for the establishment plan and the amount of the
subsidy to be charged to general budget, which it shall place
before the budgetary authority in accordance with Article 272
of the Treaty.

estimates

Article 12

Implementation and control of the budget

The Executive Director shall implement the budget of the

1.
Authority.

By 1 March following each financial year, the accounting
2.
the Authority shall communicate the provisional
officer of
accounts
together
to the Commission's accounting officer,
with a report on the budgetary and financial management for
that financial year. The Commission's accounting officer shall
consolidate the provisional accounts of
the institutions and
decentralised bodies in accordance with Article 128 of Regu-
lation (EC, Euratom) No 1605/2002.

By 31 March following each financial year, the Commis-
3.
sion's accounting officer shall forward the provisional accounts
of the Authority to the Court of Auditors, together with a
report on the budgetary and financial management for that
financial year. The report shall also be forwarded to the
European Parliament and the Council.

4.
On receipt of the Court of Auditors' observations on the
provisional accounts of the Authority, under Article 129 of
the Executive
Regulation (EC, Euratom) No 1605/2002,
the Authority
Director shall draw up the final accounts of
under his/her own responsibility and submit
them to the
Administrative Board for an opinion.

The Administrative Board shall deliver an opinion on the

5.
final accounts of the Authority.

The Executive Director shall, by 1 July following each
forward the final accounts to the European
the Commission and the Court of

6.
financial year,
Parliament,
Auditors, together with the Administrative Board's opinion.

the Council,

9.
The budgetary authority shall authorise the appropriations
for the subsidy to the Authority and shall adopt the estab-
lishment plan for the Authority.

The budget shall be adopted by the Administrative
10.
Board.
It shall become final following final adoption of the
general budget of the European Union. Where appropriate, it
shall be adjusted accordingly.

11.
The Administrative Board shall, as soon as possible,
notify the budgetary authority of its intention to implement
any project which shall have significant financial
implications
for the funding of the budget, in particular any projects relating
to property such as the rental or purchase of buildings. It shall
inform the Commission thereof.

7.

The final accounts shall be published.

8.
The Executive Director shall send the Court of Auditors a
reply to its observations by 30 September. He/she shall also
send this reply to the Administrative Board.

The Executive Director shall submit

9.
to the European
Parliament, at the latter’s request, all information necessary for
the discharge procedure for the
the smooth application of
financial year in question, as laid down in Article 146(3) of
Regulation (EC, Euratom) No 1605/2002.

12. Where a branch of the budgetary authority has notified
its intention to deliver an opinion, it shall forward its opinion
to the Administrative Board within a period of six weeks after
the date of notification of the project.

10.
The European Parliament, on a recommendation from
the Council acting on a qualified majority, shall, before 30
April of
the year N + 2, give a discharge to the Executive
Director in respect of the implementation of the budget for
year N.

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Article 13

Financial provisions

The financial rules applicable to the Authority shall be adopted
by the Administrative Board after the Commission has been
consulted. They may not depart from Commission Regulation
(EC, Euratom) No 2343/2002 of 23 December 2002 on the
framework Financial Regulation for the bodies referred to in
Article 185 of Regulation (EC, Euratom) No 1605/2002 on
the Financial Regulation applicable to the general budget of
the European Communities (1) unless such departure is speci-
fically required for the operation of
the Authority and the
Commission has given its prior consent.

Article 14

Anti-fraud measures

1.
In order to combat fraud, corruption and other unlawful
activities, the provisions of Regulation (EC) No 1073/1999 of
the European Parliament and of the Council of 25 May 1999
concerning investigations conducted by the European Anti-
Fraud Office (OLAF) (2) shall apply without restriction.

to the

The Authority shall

2.
Interinstitutional
accede
Agreement of 25 May 1999 between the European Parliament,
the Council of the European Union and the Commission of the
investigations by
European Communities concerning internal
the European Anti Fraud Office (OLAF) (3) and shall
issue,
without delay, appropriate provisions applicable to all staff of
the Authority.

3.
The decisions concerning funding, and the implementing
agreements and instruments resulting therefrom, shall explicitly
stipulate that the Court of Auditors and OLAF may, if necessary,
carry out on-the-spot checks on the recipients of funding of the
Authority and the agents responsible for allocating it.

Article 15

Privileges and immunities

The Protocol on Privileges and Immunities of the European
Communities shall apply to the Authority.

Article 16

Staff

The Staff Regulations of Officials of
the Conditions of

the European
1.
Communities,
employment of other
servants of the European Communities and the rules adopted
jointly by the institutions of the European Community for the
those Staff Regulations and
purposes of
Conditions of employment shall apply to the staff of
the
Authority. The Administrative Board,
in agreement with the
Commission, shall adopt the necessary detailed rules of appli-
cation.

the application of

2. Without prejudice to Article 8, the powers conferred on
the appointing authority by the Staff Regulations and the
Conditions of employment of other servants shall be exercised
by the Authority with respect to its own staff.

The staff of

the Authority shall consist of

3.
servants
recruited by the Authority as necessary to perform its tasks,
but may also include officials assigned or seconded by the
Commission or the Member States on a temporary basis.

Article 17

Liability

1.
The contractual liability of the Authority shall be governed
by the law applicable to the contract in question. The Court of
Justice shall have jurisdiction to give judgement pursuant to any
arbitration clause contained in a contract concluded by the
Authority.

liability, the Authority
In the event of non-contractual
2.
in accordance with the general principles common to
shall,
the laws of
the Member States, make good any damage
caused by its departments or by its servants in the performance
of their duties.

3.
The Court of Justice shall have jurisdiction in any dispute
relating to compensation for damage referred to in paragraph 2.

4.
The personal liability of its servants towards the Authority
shall be governed by the provisions laid down in the Staff
Regulations or Conditions of employment applicable to them.

Article 18

Languages

1.
The provisions laid down in Regulation No 1 of 15 April
1958 determining the languages to be used in the European
Economic Community (4) shall apply to the Authority.

2.
The translation services required for the functioning of the
Authority shall be provided by the Translation Centre for the
bodies of the European Union.

Article 19

Access to documents and protection of data of a personal
character

Regulation (EC) No 1049/2001 of

European
1.
Parliament and of
the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission
documents (5) shall apply to documents held by the Authority.

the

(1) OJ L 357, 31.12.2002, p. 72.
(2) OJ L 136, 31.5.1999, p. 1.
(3) OJ L 136, 31.5.1999, p. 15.

(4) OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the

2003 Act of Accession.
(5) OJ L 145, 31.5.2001, p. 43.

20.7.2004

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Official Journal of the European Union

L 246/9

The Administrative Board shall adopt arrangements for
2.
implementing Regulation (EC) No 1049/2001 within six
months after the entry into force of this Regulation.

3.
Decisions taken by the Authority in pursuance of Article 8
of Regulation (EC) No 1049/2001 may be the subject of a
complaint to the Ombudsman or an action before the Court
of Justice of the European Communities, under Articles 195 and
230 of the EC Treaty respectively.

relating

the
4. When processing data
Authority shall be subject to the provisions of Regulation (EC)
No 45/2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals with regard
to the processing of personal data by the Community insti-
tutions and bodies and on the free movement of such data (1).

to individuals,

Article 20

Security rules

The Authority shall apply the security principles contained in
Commission Decision 2001/844/EC, ECSC, Euratom of 29
November 2001 amending its internal Rules of Procedure (2).
This shall cover, inter alia, provisions for the exchange, handling
and storage of classified information.

Article 21

Participation of third countries

The Authority shall be open to the participation of third
entered into agreements with the

1.
countries, which have
European Community to this effect.

the

Under

relevant provisions of

agreements,
2.
arrangements shall be developed specifying,
in particular, the
nature, extent and manner in which these countries will parti-
cipate in the work of
including provisions
relating to participation in the initiatives undertaken by the
Authority, financial contributions and staff.

the Authority,

these

The participation of any third country in the Authority

3.
shall be submitted for approval to the Council.

Article 22

Aspects relating to the security of the European Union or
its Member States

In cases where the operation of the system affects the security
of the Union or its Member States, the responsibilities and
including in exceptional
competence of the European Union,
cases where the urgency of
it
requires
in Joint Action
immediate
2004/552/CFSP.

the situation is such that

set out

action,

are

Article 23

Entry into force

This Regulation shall enter into force on the 10th day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2004.

For the Council
The President

B. BOT

(1) OJ L 8, 12.1.2001, p. 1.
(2) OJ L 317, 3.12.2001, p. 1.