Proposal for a Council Decision on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Republic of Korea
Date: 2006-03-28
Institutions: European Commission
Subjects: EU programme, South Korea, cooperation agreement (EU), satellite navigation, scientific cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.3.2006 
COM(2006) 141 final 

2006/0047 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite 
System (GNSS) between the European Community and its Member States and the 
Republic of Korea  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The  international  nature  of  the  Galileo  programme  has  triggered  several  countries  to 
apply for a cooperation agreement with the European Union.  

Korea officially expressed its interest in March 2005. The European Commission, on 
the  basis  of  a  negotiation  mandate  from  the  Council  in  July  2005,  initialled  an 
Agreement with the Korean Authorities in January 2006. 

The  European  Commission  proposes  to  the  Council  to  authorise  the  signature  of  the 
Cooperation Agreement between the European Community and its Member States and 
the Republic of Korea. 

120 

•  General context 

The  Republic  of  Korea  is  a  country  with  capabilities  in  space  technology  and 
applications. It is currently an active user of GPS services in various sectors including 
transport, fleet management, science and geodesy. Korean interlocutors have expressed 
a specific interest in extending the use of satellite navigation through Galileo to various 
sectors  including  transport  and  fisheries  and  to  the  upgrade  their  differential  GPS 
station network to Galileo signals. 

Preliminary contacts with Korea on GNSS date back to January 2000 at the occasion of 
the EC-Korea Ministerial meeting in Seoul.  

The  first  discussions  on  the  participation  of  the  Republic  of  Korea  in  the  Galileo 
Programme  took  place  between  the  representatives  the  Ministry  for  Fisheries  and 
Maritime Affairs (with all other Ministries concerned by satellite navigation, i.e. Trade 
and  External  Affairs,  Government  and  Internal  Affairs,  Industry  and  Energy, 
Information  and  Communication,  Science  and  Technology,  Transport  and 
Construction, Civil Aviation) and the European Commission's Directorate-General for 
Energy and Transport on 4 December 2003 in Seoul.  

An information day for Korean industries was also organised in Seoul on 3 December 
2003 which attracted some 150 industries. 

A new round of exploratory talks on the status and objectives of the respective policies 
on satellite navigation and on possible forms of cooperation took place in Brussels on 
19 October 2004 with some 15 Korean delegates from the Ministries concerned, under 
the  leadership  of  the  Ministry  of  Foreign  Affairs,  followed  by  another  meeting  in 
Brussels  with  the  same  representatives  on  17  June  2005  at  the  occasion  of  a  Joint 
Committee Meeting. 

In  March  2005,  the  Republic  of  Korea  formally  asked  to  start  negotiations  on  a  co-
operation agreement on Egnos/Galileo. The Council gave a negotiation mandate to the 
Commission on 18 July 2005. 

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In  formal  negotiations  in  Brussels  on  12  January  2006,  the  representatives  of  the 
Commission and the Republic of  Korea have  agreed on the content and initialled the 
enclosed Agreement.  

130 

•  Existing provisions in the area of the proposal 

On  18  February  2004,  the  Commission  adopted  a  Communication  entitled  "Progress 
report  on  the  Galileo  research  programme  as  at  the  beginning  of  2004"  Chapter  2  of 
which, entitled "International cooperation takes off", sets out a strategy for developing 
the international dimension of Galileo. 

In its conclusions adopted on  9  March 2004 on the  basis  of this Communication,  the 
Council "encourages the development of international cooperation in this area".  

On  18  July  2005  the  Council  adopted  negotiation  directives  authorising  the 
Commission to open negotiations for establishing a cooperation agreement on a Civil 
Global Navigation Satellite System (GNSS) between the European Community and its 
Member States and the Republic of Korea. 

141 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

The Galileo Special Committee of the Council has been consulted in accordance with 
the  negotiation  directives.  The  Galileo  Security  Board  has  also  been  kept  informed 
throughout the whole negotiations process.  

212 

Summary of responses and how they have been taken into account 

All comments from Member States have been duly taken into account, both at the level 
of  security  matters  (including  items  related  to  the  Public  Regulated  Service)  and 
financial  contribution  of  potential  non-EU  countries  into  the  GNSS  Supervisory 
Authority. 

221 

222 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

The area of expertise concentrated on satellite navigation and space infrastructures.  

Methodology used 

Experts  have  been  regularly  consulted  and  participated  to  visits  in  the  Republic  of 
Korea  in  order  to  ascertain  the  capabilities  and  interest  of  the  country  to  join  the 
programme. 

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223 

Main organisations/experts consulted 

Both the Galileo Joint Undertaking, which manages the overall development phase of 
the  Galileo  programme,  and  the  European  Space  Agency  which  implements  the  in-
orbit  validation  phase,  have  been  deeply  involved  and  participated  at  all  steps  of  the 
negotiation procedure.  

2249 

Summary of advice received and used 

225 

226 

230 

The existence of potentially serious risks with irreversible consequences has not been 
mentioned. 

While  advises  from  the  European  Space  Agency  focused  on  the  potential  areas  for 
technical  cooperation  and  contribution  of  Korea  into  the  infrastructure  itself,  the 
Galileo  Joint  Undertaking  underlined 
importance  of  Galileo  application 
development in the Asian market. 

the 

Means used to make the expert advice publicly available 

The conclusions of experts are integrated into the Agreement. 

•  Impact assessment 

As  Korea  is  one  of  the  leading  nations  in  the  field  of  electronic  devices,  the 
introduction  of  Galileo  services  into  the  Asian  markets  has  an  important  economic 
impact.  

It is foreseen that satellite navigation services will create by 2020 a worldwide market 
of  some  €300  billions  with  at  least  3  billion  receivers  in  use.  Galileo  will  be 
responsible for the creation of 150.000 highly qualified jobs in Europe. 

The European GNSS Supervisory Authority, created by Council Regulation 1321/2004 
of  12  July  2004,  will  ensure  proper  system  certification  and  become  the  conceding 
Authority for the Galileo concession. The Authority will also follow up the activities 
covered under this Agreement. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The Commission proposes to the Council to authorise the signature of the Cooperation 
Agreement  on  a  Civil  Global  Navigation  Satellite  System  (GNSS)  between  the 
European Community and its Member States and the Republic of Korea. 

310 

•  Legal basis 

Articles 133 and 170, in conjunction with the first sentence of the first subparagraph of 
Article 300(2) of the Treaty establishing the European community, 

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320 

•  Subsidiarity principle 

321 

324 

325 

327 

331 

332 

341 

342 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

Galileo, whose costs are estimated above €3 billions, is a European initiative which no 
single state is willing to finance on its own. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The industrial knowledge in the space sector is spread in several European countries. 

The global satellite navigation infrastructure does cover the whole European territories. 

The  item  which  fall  under  this  Agreement  relate  to  items  which,  by  nature,  require 
action at Community level, e.g. standardisation and certification. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The agreement is as simple as possible as it ensures that non-European countries will 
support the programme in all key aspects (standards, certification, frequency allocation, 
etc.). It allows as well performing specific joint research projects in the field of satellite 
navigation. 

The Agreements is based on a non exchange of fund basis. 

•  Choice of instruments 

Proposed instruments: other. 

Other means would not be adequate for the following reason(s). 

An  international  agreement  is  the  sole  instrument  which  ensures  cooperation  of  the 
Republic  of  Korea  in  promoting  Galileo.  If  no  agreement  is  reached,  this  country 
would base all its positioning and navigation services on other systems (mainly GPS), 
endangering the economic success of Galileo. 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

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5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

533 

The proposal includes a sunset clause. 

Proposal 

The Commission proposes to the Council, on the basis of Articles 133 and 170, in conjunction 
with the first sentence of the first subparagraph of Article 300(2) of the Treaty establishing the 
European  community,  to  authorise  the  signature  of  the  Cooperation  Agreement  on  a  Civil 
Global  Navigation  Satellite  System  (GNSS)  between  the  European  Community  and  its 
Member States and the Republic of Korea. 

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2006/0047 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite 
System (GNSS) between the European Community and its Member States and the 
Republic of Korea  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
133 and 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) 
thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

The Commission has negotiated an Agreement with the republic of Korea 

(2) 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  initialled  on  12 
January 2006 should be signed, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised to designate the person empowered to sign, on behalf of the European Community, 
the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between 
the European Community and its Member States, and the Republic of Korea. 

The text of the Agreement is attached to this Decision 

Done at Brussels,  

For the Council 
The President 

1 

OJ C , , p. . 

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ANNEX  

Cooperation Agreement On a Civil Global Navigation Satellite System between the European 
Community and Its Member States on one part and the Republic of Korea on the other part 

The European Community (hereinafter referred to as the “Community”), 

and 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

NORTHERN IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

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THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NOTHERN IRELAND, 

Contracting parties to the Treaty establishing the European Community, hereinafter referred 
to as “Member States”, on one part, 

and  

the Republic of Korea (hereinafter referred to as “Korea”), on the other part, 

ereinafter jointly referred to as “the Parties”; 

CONSIDERING  the  common  interests  in  the  development  of  a  global  navigation  satellite 
system (hereinafter referred to as “GNSS”) for civil use, 

RECOGNISING  the  importance  of  GALILEO  as  a  contribution  to  the  navigation  and 
information infrastructure in Europe and Korea, 

RECOGNISING the advanced level of Korea’s satellite navigation activities, 

CONSIDERING  the  increasing  development  of  GNSS  applications  in  Korea,  Europe  and 
other areas in the world, 

Have agreed as follows: 

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ARTICLE 1 

Objective of the agreement 

The  objective  of  the  agreement  is  to  encourage,  facilitate  and  enhance  cooperation  between 
the Parties in civil global satellite navigation within European and Korean contributions to a 
civil global navigation satellite system (GNSS).  

ARTICLE 2 

Definitions 

For the purpose of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

"Augmentation"  means  regional  or  local  mechanisms  such  as  the  European 
Geostationary  Navigation  Overlay  System  (EGNOS).  These  mechanisms 
enable  users  of  global  GNSS  to  obtain  enhanced  performance,  such  as 
increased accuracy, availability, integrity, and reliability. 

"GALILEO" means an autonomous civil European global satellite positioning 
navigation  and  timing  system  under  civil  control,  for  the  provision  of  GNSS 
services designed and developed by the Community, its Member States and the 
European Space Agency. The operation of GALILEO may be transferred to a 
private party. GALILEO envisages open, commercial, safety of life and search 
and  rescue  services  in  addition  to  a  secured  public  regulated  service  with 
restricted access designed to meet the needs of authorised public sector users. 

"GALILEO  local  elements"  are  local  mechanisms  that  provide  the  users  of 
GALILEO  satellite-based  navigation  and 
input 
information,  in  addition  to  that  derived  from  the  main  constellation  in  use. 
Local  elements  may  be  deployed  for  additional  performance  around  airports, 
seaports  and  in  urban  or  other  geographically  challenging  environments. 
GALILEO will provide generic models for local elements. 

timing  signals  with 

"Global  navigation,  positioning  and  timing  equipment"  means  any  civil  end 
user  equipment  designed  to  transmit,  receive,  or  process  satellite-based 
navigation or timing signals to provide a service, or to operate with a regional 
augmentation. 

"Regulatory  measure"  means  any  law,  regulation,  rule,  procedure,  decision, 
policy or administrative action. 

"Interoperability"  means  a  situation  at  user  level  in  which  a  dual-system 
receiver  can  use  signals  from  two  systems  together  for  equal  or  better 
performance than when only one system is used. 

"Intellectual  property"  shall  have  the  meaning  given  in  Article  2  of  the 
Convention Establishing the World Intellectual Property Organization, done at 
Stockholm, July 14, 1967. 

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(h) 

(i) 

"Liability"  means  the  legal  accountability  of  a  person  or  legal  entity  to 
compensate for damage caused to another person or legal entity in accordance 
with specific legal principles and rules. This obligation may be prescribed in an 
agreement (contractual liability) or in a legal norm (non-contractual liability). 

"Classified  information"  is  information,  whether  it  originates  in  the  EU  or  is 
received from Member States, non-EU countries or international organisation, 
that  requires  protection  against  unauthorized  disclosure,  which  could  harm  in 
various  degrees  the  essential  interests,  including  national  security,  of  the 
Parties  or  of  individual  Member  States.  Its  classification  is  indicated  by  a 
classification  marking.  Such  information  is  classified  in  accordance  with 
applicable  laws  and  regulations  and  must  be  protected  against  any  loss  of 
confidentiality, integrity or availability. 

ARTICLE 3 

Principles of cooperation 

The Parties agreed to apply the following principles to cooperation activities covered by this 
Agreement: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

Mutual  benefit  based  on  an  overall  balance  of  rights  and  obligations  including 
contributions. 

Partnership  in  the  GALILEO  Programme  in  accordance  with  the  procedures  and 
rules governing the management of GALILEO. 

Reciprocal  opportunities  to  engage  in  cooperative  activities  in  the  European 
Community and its Member States and Korean GNSS projects for civil use. 

Timely exchange of information that may affect cooperative activities. 

Appropriate protection of intellectual property rights as referred to in Article 8(3) of 
this Agreement. 

Freedom to provide satellite navigation services in the territories of the Parties. 

Unrestricted trade in GNSS goods in the territories of the Parties. 

ARTICLE 4 

Scope of cooperation activities 

The  sectors  for  cooperative  activities  in  satellite  navigation  and  timing  are:  radio-
spectrum,  scientific  research  and  training,  industrial  cooperation,  trade  and  market 
development,  standards,  certification  and  regulatory  measures,  augmentations, 
security, liability and cost recovery. The Parties may adapt the list in paragraph 1 by 
decision  of  the  Joint  Steering  Committee  established  under  Article  14  of  this 
agreement.  

2. 

The  present  agreement  does  not  include  cooperation  between  the  Parties  in  the 
following  areas.  If  it  is  agreed  by  the  Parties  that  mutual  benefits  will  be  derived 

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from the extension of cooperation to any of the following areas, this will require the 
negotiation and conclusion of appropriate agreements between the Parties: 

2.1. 

GALILEO  sensitive  technologies  and  items  under  export  control  and  non-
proliferation  regulatory  measures  applicable  in  the  European  Community  or  its 
Member States, 

2.2. 

GALILEO cryptography and information security (INFOSEC) 

2.3. 

GALILEO System Security Architecture (space, ground and user segments), 

2.4. 

Security control features of the GALILEO global segments, 

2.5. 

Public Regulated Services in their definition, development, implementation, test and 
evaluation and operational (management and use) phases, and 

2.6. 

Exchange of classified information concerning satellite navigation and GALILEO. 

3. 

1. 

2. 

1. 

2. 

This  Agreement  shall  not  affect  the  institutional  structure  established  by  the 
European  Community  law  for  the  purpose  of  the  operations  of  the  GALILEO 
programme.  Neither  does  this  Agreement  affect  the  applicable  regulatory  measures 
implementing  non-proliferation  and  export  control  commitments,  including  control 
of intangible transfers of technology, nor does it affect national security measures. 

ARTICLE 5 

Forms of cooperation activities 

Subject to their applicable regulatory measures, the Parties shall foster, to the fullest 
extent  practicable,  the  cooperative  activities  under  this  Agreement  with  a  view  to 
providing comparable opportunities for participation in their activities in the sectors 
listed under Article 4. 

The Parties agree to conduct cooperative activities as mentioned in Articles 6 to 13 
of this Agreement. 

ARTICLE 6 

Radio spectrum 

Building on past successes in the framework of the International Telecommunication 
Union,  the  Parties  agree  to  continue  their  cooperation  and  mutual  support  in  radio-
spectrum issues. 

In  this  context  the  Parties  shall  exchange  information  on  frequency  filings  and 
promote  adequate  frequency  allocations  for  GALILEO  and  prospective  Korean 
GNSS including the Satellite Based Augmentation System (SBAS) in order to ensure 
the availability of GALILEO services for the benefit of users worldwide and notably 
in Korea and in the Community. 

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3. 

4. 

5. 

Recognizing  the  importance  of  protecting  the  radio  navigation  spectrum  from 
disruption and interference, the Parties shall identify sources of interference and seek 
mutually acceptable solutions to combat such interference. 

The  Parties  agree  to  task  the  Committee  under  Article  14  to  define  the  appropriate 
mechanism in order to ensure effective contacts and collaboration in this sector. 

Nothing  in  this  Agreement  shall  be  construed  as  derogating  from  the  applicable 
provisions of the International Telecommunications Union, including the ITU Radio 
Regulations. 

ARTICLE 7 

Scientific research 

The Parties shall promote joint research activities in the field of GNSS through European and 
Korean research programmes including the European Community Framework Programme for 
Research and Development, the research programmes of the European Space Agency, and the 
Ministries and agencies of Korea related to GNSS. 

The  joint  research  activities  should  contribute  to  the  planning  of  future  developments  of  a 
GNSS for civil use. 

The Parties agree to task the Committee under Article 14 to define the appropriate mechanism 
aimed at ensuring effective contacts and participation in the research programmes. 

ARTICLE 8 

Industrial cooperation 

1. 

2. 

3. 

4. 

The  Parties  shall  encourage  and  support  cooperation  between  the  industries  of  the 
two sides, through such means as joint ventures and Korean participation in relevant 
European industrial associations as well as European participation in relevant Korean 
industrial associations, with the objective of setting up the GALILEO system as well 
as promoting the use and development of GALILEO applications and services. 

The Parties will establish a joint advisory group on industrial cooperation under the 
Steering  Committee  set  up  under  Article  14  in  order  to  investigate  and  guide  the 
cooperation  on  satellite  development  and  manufacturing,  launch  services,  ground 
station facilities, and application products. 

To  facilitate  industrial  cooperation  the  Parties  shall  grant  and  ensure  adequate  and 
effective protection of intellectual property rights in the fields and sectors relevant to 
the  development  and  operation  of  GALILEO/EGNOS,  in  accordance  with  the 
relevant  international  standards  set  by  the  TRIPS  Agreement  and  international 
conventions  to  which  both  parties  are  signatories,  including  effective  means  of 
enforcing such standards. 

Exports by Korea to third countries of sensitive items and technologies specifically 
developed and funded by the GALILEO programme, and defined by the competent 
GALILEO security authority to be under export control, will have to be submitted by 
Korea  for  prior  authorization  by  the  competent  GALILEO  security  authority.  Any 

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separate agreement referred to in Article 4(2) of the Agreement shall also provide an 
appropriate mechanism for the Parties to recommend potential items to be subject to 
export authorization. 

In order to contribute to the objectives of the Agreement, the Parties shall encourage 
strengthened  ties  between  the  European  Space  Agency  and  the  Ministries  and 
agencies of Korea related to GNSS. 

ARTICLE 9 

Trade and market development 

The  Parties  shall  encourage  trade  and  investment  in  European  and  Korean  satellite 
navigation infrastructure, equipment, GALILEO local elements and applications. 

To  this  end,  the  Parties  shall  make  an  effort  to  raise  the  level  of  public  awareness 
concerning the GALILEO satellite navigation activities, identify potential barriers to 
growth in GNSS applications and take appropriate measures to facilitate this growth. 

To  identify  and  respond  effectively  to  user  needs  the  Parties  shall  consider 
establishing a joint GNSS user forum. 

This  Agreement  shall  not  affect  the  rights  and  obligations  of  the  Parties  under  the 
Marrakech Agreement establishing the World Trade Organization.  

ARTICLE 10 

Standards, Certification and Regulatory Measures 

Recognizing  the  value  of  coordinating  approaches  in  international  standardization 
and  certification  concerning  global  satellite  navigation  services,  the  Parties  will 
jointly  support  the  development  of  GALILEO  standards  and  promote  their 
application worldwide, emphasizing interoperability with other GNSS systems. 

One  objective  of  the  coordination  is  to  promote  broad  and  innovative  use  of  the 
GALILEO services for open, commercial and safety of life purposes as a worldwide 
navigation and timing standard. The Parties agree to endeavour to create favourable 
conditions for developing GALILEO applications. 

To  promote  and  implement  the  objectives  of  this  Agreement,  the  Parties  shall,  as 
appropriate, cooperate on satellite positioning, navigation and timing-related matters 
that  arise  particularly  in  the  International  Civil  Aviation  Organization,  the 
International  Maritime  Organization  and  the  International  Telecommunications 
Union. 

At  the  bilateral  level  the  Parties  shall  ensure  that  measures  relating  to  technical 
standards, certification and licensing requirements and procedures concerning GNSS 
do not constitute unnecessary barriers to trade. Domestic requirements shall be based 
on objective, non-discriminatory and applicable transparent criteria. 

The Parties shall take the necessary regulatory measures to allow the use of Galileo 
receivers, ground and space segments in the territories under their jurisdiction. In this 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

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regard, the government of the Republic of Korea in the area of radio communications 
shall grant Galileo treatment no less favourable than that accorded to any other like 
services. 

5. 

The  Parties  shall  promote  the  participation  of  Korean  representatives  in  European 
standardization organizations. 

ARTICLE 11 

Development of global and regional GNSS ground augmentation systems 

1. 

2. 

The  Parties  shall  cooperate  with  one  other  to  define  and  implement  ground  system 
architectures  allowing  an  optimal  guarantee  of  GALILEO/EGNOS  integrity, 
accuracy and continuity of GALILEO and EGNOS services and interoperability with 
other GNSS systems. 

To  this  end  the  Parties  will  cooperate  at  the  regional  level  with  a  view  to 
implementing  a ground  regional  augmentation  system  based  on  the  GALILEO 
system  in  Korea.  Such  a  regional  system  is  expected  to  provide  regional  integrity 
services  in  addition  to  those  provided  by  the  GALILEO  system  globally.  As  a 
precursor,  the  Parties  may  consider  the  extension  of  EGNOS  in  the  East  Asian 
region.  

3. 

At  the  local  level,  the  Parties  shall  facilitate  the  development  of  local  GALILEO 
elements. 

ARTICLE 12 

Security 

1. 

2. 

3. 

4. 

The  Parties  shall  protect  the  Global  Navigation  Satellite  Systems  against  misuse, 
interference, disruption and hostile acts. 

The Parties shall take all practicable steps to ensure the continuity and safety of the 
satellite navigation services and the related infrastructure in their jurisdiction. 

The  Parties  recognize  that  cooperation  to  ensure  the  security  of  the  GALILEO 
system and services is an important common objective. 

Hence  the  Parties  shall  establish  an  appropriate  consultation  channel  to  address 
GNSS security issues. 

The practical arrangements and procedures are to be defined between the competent 
security authorities of both Parties. 

ARTICLE 13 

Liability and cost recovery 

The  Parties  shall  cooperate  to  define  and  implement  a  liability  regime  and  cost  recovery 
arrangements in order to facilitate the provision of civil GNSS services. 

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ARTICLE 14 

Cooperative mechanism 

1. 

2. 

The coordination and facilitation of cooperative activities under this Agreement shall 
be  accomplished  by  the  Government  of  the  Republic  of  Korea  on  behalf  of  Korea 
and  by  the  European  Commission  on  behalf  of  the  Community  and  its  Member 
States. 

In  accordance  with  the  objective  in  Article  1,  these  two  entities  shall  establish  a 
GNSS  Steering  Committee  hereinafter  referred  to  as  the  “Committee”  for  the 
management  of 
this  Agreement.  This  Committee  shall  consist  of  official 
representatives of each Party and it shall establish its own rules of procedure based 
on mutual consensus. 

The functions of the Steering Committee shall include: 

(a) 

(b) 

(c) 

(d) 

Promoting, making recommendations to the Parties and overseeing the 
different cooperative activities related to the Agreement; 

Advising the Parties on the ways to enhance and improve cooperation 
in line with the principles set out in this Agreement; and 

Reviewing  the  efficient  functioning  and  implementation  of  this 
Agreement; 

Discussing  the  possibility  of  extending  cooperation  to  the  areas 
referred in Paragraph 2 of Article 4. 

3. 

The  Committee  shall,  as  a  general  rule,  meet  annually.  The  meetings  will  be  held 
alternatively  in  the  Community  and  in  Korea.  Extraordinary  meetings  may  be 
organized at the request of either Party.  

he costs incurred by the Committee or in its name shall be borne by the Party which 
recommended  or  designated  the  member  or  members  of  the  Committee.  The  costs 
other  than  those  for  travel  and  accommodation  which  are  directly  associated  with 
meetings of the Committee shall be borne by the host Party. The Committee may set 
up  joint  technical  working  groups  on  specific  subjects  the  Parties  consider 
appropriate, such as industrial cooperation and standardization. 

The  Parties  welcome  the  potential  participation  of  Korea  in  the  European  GNSS 
Supervisory  Authority,  in  accordance  with  the  applicable  European  Community 
legislation and the modalities and procedures governing such participation. 

ARTICLE 15 

Funding 

Each Party shall bear the costs of fulfilling its respective responsibilities under this 
Agreement,  unless  otherwise  agreed  upon  by  the  Parties,  taking  into  consideration 
the  Korean  financial  contribution  and  the  applicable  legislation,  modalities  and 
procedures referred to in Paragraph 4, Article 14.  

4. 

1. 

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2. 

3. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

The  Parties  shall  take  all  reasonable  steps  in  accordance  with  their  laws  and 
regulations  to  facilitate  entry  into,  stay  in  and  exit  from  its  territory  of  persons, 
capital,  material,  data  and  equipment  involved  in  or  used  in  cooperative  activities 
under this Agreement.  

When  specific  co-operative  schemes  of  one  Party  provide  for  financial  support  for 
participants  from  the  other  Party,  any  such  grants,  financial  contributions  or  other 
forms of contribution from one Party to the participants of the other Party in support 
of those activities shall be granted tax and customs exemption in accordance with the 
relevant laws and regulations in force in the territories of each Party at the time such 
grants and financial contributions or other forms of contribution are made. 

ARTICLE 16 

Exchange of information 

The Parties shall establish administrative arrangements and enquiry points in order to 
provide  for  consultations  and  effective  implementation  of  the  provisions  of  this 
Agreement. 

The  Parties  shall  encourage  further  exchanges  of  information  concerning  satellite 
navigation among the institutions and enterprises of the two sides. 

ARTICLE 17 

Consultation and dispute resolution 

The Parties shall promptly discuss, at the request of any of them, on any questions 
arising  from  the  interpretation  or  application  of  this  Agreement.  Any  disputes 
concerning  the  interpretation  or  application  of  this  agreement  shall  be  settled  by 
friendly consultations between the Parties. 

aragraph  1  shall  not  prevent  the  Parties  from  having  recourse  to  dispute  settlement 
under the WTO Agreements. 

ARTICLE 18 

Entry into force and termination 

This Agreement enters into force the first day of the month following that by which 
the Parties have notified the completion of the procedures necessary for this purpose. 
Notifications  shall  be  sent  to  the  Council  of  the  European  Union  who  shall  be  the 
depository of this Agreement.  

The  termination  of  this  agreement  shall  not  affect  the  validity  or  duration  of  any 
arrangements made under it or any specific rights or obligations that have ensued in 
the field of intellectual property rights. 

This Agreement may be amended by mutual agreement of the Parties in writing. Any 
amendment shall enter into force the first day of the month following that by which 
the  Parties  have  notified  the  Depository  of  the  completion  of  their  procedures 
necessary for this purpose. 

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4. 

This Agreement shall remain in force for a period of five years and shall continue in 
force  thereafter  unless  terminated  by  either  Party  at  the  end  of  the  initial  five-year 
period or at any time thereafter by giving to the other Party an advance notice of at 
least six months in writing of its intention to terminate this Agreement. 

This  Agreement  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian, 
Maltese,  Polish,  Portuguese,  Slovakian,  Slovenian,  Spanish,  Swedish  and  Korean 
languages, each text being authentic. 

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