Proposal for a Council Decision on the signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco
Date: 2006-05-19
Institutions: European Commission
Subjects: Morocco, cooperation agreement (EU), satellite navigation, scientific cooperation, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.5.2006 
COM(2006) 220 final 

2006/0074 (ACC) 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

EN 

   EN 

 
 
 
  
A) 

EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The international nature of the GALILEO programme has prompted several countries 
to apply for a Cooperation Agreement with the European Union. 

Morocco officially expressed its interest in August 2004. The European Commission, 
on  the  basis  of  a  negotiating  mandate  from  the  Council  in  April  2005,  initialled  an 
Agreement with the Moroccan authorities on 8 November 2005. 

The European Commission proposes that the Council should authorise the signature of 
the Cooperation Agreement between the European Community and its Member States 
and the Kingdom of Morocco. 

•  General context 

Morocco has know-how in space technology and applications through various entities. 
It  wants  to  bring  together  the  work  of  these  entities  by  setting  up  a  common  interest 
grouping, and to develop the use of satellite radionavigation on its territory and in the 
surrounding region (western Mediterranean and West Africa), focusing on applications 
specific to this zone. 

Contacts  concerning  the  participation  of  Morocco  in  the  GALILEO  programme  were 
established  on  24  March  2004  at  a  meeting  between  the  Moroccan  Minister  for 
Infrastructure  and  Transport  and  the  Commission’s  Director-General  for  Energy  and 
Transport. 

On  9  August  2004,  the  Moroccan  Minister  for  Infrastructure  and  Transport  sent  the 
Commission’s  Director-General  for  Energy  and  Transport  a  letter  expressing 
Morocco’s  wish  to  become  a  fully-fledged  partner  in  the  project  by  acceding  to  the 
GALILEO Joint Undertaking. 

On  6  October  2004  a  meeting  was  held  with  a  delegation  headed  by  the  Moroccan 
Minister for Infrastructure and Transport consisting of representatives of the Moroccan 
ministries  concerned,  with  a  view  to  determining  the  arrangements  for  cooperation 
between Morocco and the European Community in the framework of an agreement to 
be concluded between the two parties. 

On 13 October, the Minister wrote a second letter to the Director-General confirming 
Morocco’s desire to conclude a cooperation agreement with the European Community 
concerning the civil satellite radionavigation system.  

The  scenario  for  cooperation  with  Morocco  prepared  during  the  preliminary  talks 
covers  multilateral,  industrial  and  scientific  cooperation,  especially  in  the  area  of 
applications,  and  in  particular  standardisation,  surveillance  of  regional  integrity  and 
financial investment in GALILEO.  

EN 

2 

   EN 

 
Moroccan and European firms have had industrial cooperation links in the space sector 
for  several  years.  There  is  therefore  a  solid  foundation  on  which  to  build  and  extend 
cooperation in this field which is of great importance for both parties. The agreement 
should be used to protect and support the parties’ mutual interests and seek to develop 
cooperation between Moroccan and European firms.  

•  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  21  April  2005  the  Council  adopted  negotiating  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 Kingdom of Morocco.  

•  Consistency with other policies and objectives of the Union 

The establishment of a navigation and positioning network in Europe is a central part 
of the Community's policy to ensure the full integration of land, sea and air transport 
infrastructure  for  safe,  seamless,  economic  and  environmentally  friendly  navigation. 
The following legislative texts concern the development of this network: 

Council  Regulation  (EC)  No  876/2002  of  21  May  2002  setting  up  the 

- 
GALILEO Joint Undertaking; 

Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of 

- 
structures for the management of the European satellite radionavigation programmes; 

Council  Regulation  (EC)  No  1334/2000  of  22  June  2000  setting  up  a 
- 
Community regime for the control of exports of dual-use items and technology, as last 
amended  by  Regulation  (EC)  No  2432/2001  of  20  November  2001  and  by  Council 
Regulation (EC) No 880/2002 of 27 May 2002; 

- 
The  Euro-Mediterranean  Agreement  establishing  an  Association  between  the 
European Communities and their Member States, of the one part, and the Kingdom of 
Morocco, of the other part, which entered into force on 1 March 2000. 

Special  attention  should  also  be  paid  to  Morocco’s  commitments  concerning  the 
protection  of  intellectual  property  and  the  multilateral  non-proliferation  efforts. 
Cooperation  in  this  connection  must  also  comply  with  the  legislation  on  export 
controls,  e.g.  Council  Regulation  (EC)  No  1334/2000,  as  amended  by  Regulations 
(EC) 2432/2001 and (EC) 880/2002. 

EN 

3 

   EN 

 
2)  CONSULTATION OF STAKEHOLDERS AND IMPACT ASSESSMENT 

•  Consultation of the stakeholders 

Consultation methods, main sectors targeted and general profile of respondents 

The  Council’s  GALILEO  Special  Committee  has  been  consulted  in  accordance  with 
the negotiating directives. The GALILEO Security Board has also been kept informed 
throughout  the  whole  negotiation  process.  In  addition,  within  the  Commission  the 
various DGs concerned have been kept informed of developments. 

Summary of responses and how they have been taken into account 

All  the  comments  made  by  the  Member  States  and  by  the  Commission  departments 
have been duly taken into account. 

•  Collection and use of expertise 

Scientific areas/areas of expertise concerned 

The area of expertise essentially concerns satellite navigation and its applications. 

Methodology used 

Experts  have  been  regularly  consulted  and  took  part  in  the  negotiations  in  order  to 
ascertain the capabilities of the country and its interest in joining the programme. 

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  stages  of 
the negotiation procedure. 

Summary of advice received and used 

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

All parties expressed the need for close cooperation with the Kingdom of Morocco, a 
country  which  is  a  beacon  of achievement in the Mediterranean  region. The EGNOS 
system, acting as a precursor of the GALILEO system in the EUROMED programme, 
should be extended accordingly in the context of the neighbourhood policy. 

Means used to make the expert advice publicly available 

The conclusions of experts are integrated into the Agreement. 

EN 

4 

   EN 

 
•  Impact assessment 

Given  that  Morocco  is  a  very  dynamic  country  in  terms  of  the  development  of  the 
applications  of  satellite  navigation  services,  the  marketing  of  GALILEO  services  in 
Morocco  and  the  regions  of  the  western  Mediterranean  and  West  Africa  will  have  a 
major economic impact. 

It  is  estimated  that  by  2020  satellite  navigation  services  will  create  a  world  market 
worth some 300 billion euros, with at least three billion receivers in service. GALILEO 
will be responsible for the creation of 150 000 highly skilled jobs in Europe. 

The  European  GNSS  Supervisory  Authority,  created  by  Council  Regulation  (EC) 
1321/2004  of  12  July  2004,  will  ensure  appropriate  system  certification  and  become 
the  awarding  authority  for  the  GALILEO  concession.  The  Authority  will  also  follow 
up the activities covered under this Agreement. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed measures 

The  Commission  proposes  that  the  Council  should  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  Kingdom  of 
Morocco. 

•  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. 

•  The principle of subsidiarity 

The principle of subsidiarity applies insofar as the proposal does not concern an area in 
which the Community has exclusive competence. 

The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States 
for the following reasons. 

GALILEO, whose costs are estimated at over € 3 billion, is a European initiative which 
no single State is willing to finance on its own. 

The  objectives  of  the  proposal  can  be  better  achieved  by  Community  action  for  the 
following reasons. 

Industrial knowledge in the space sector is spread over several European countries. 

The global satellite navigation infrastructure covers all European territories. 

The  aspects  covered  by  this  Agreement  relate  to  issues  which,  by  their  very  nature, 
require action at Community level, e.g. standardisation and certification. 

The proposal therefore complies with the subsidiarity principle. 

EN 

5 

   EN 

 
•  The principle of proportionality 

The proposal complies with the principle of proportionality for the following reasons. 

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 also makes it possible to carry out specific joint research projects in the field of 
satellite navigation. 

The Agreement is not based on an exchange of funds. 

•  Choice of instruments 

Proposed instruments: other. 

Other instruments would not be adequate for the following reasons. 

An international agreement is the sole instrument which ensures the cooperation of the 
Kingdom of Morocco in promoting GALILEO. If no agreement is concluded, Morocco 
would base all its positioning and navigation services on other systems (mainly GPS), 
and this could compromise the economic success of GALILEO. 

4)  BUDGETARY IMPLICATION 

The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal contains a sunset clause applying to all or part of the legislative act where 
pre-established conditions are met. 

Proposed Decision 

B) 

PROPOSAL 

The  Commission  proposes  that  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,  should  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 Kingdom of Morocco. 

EN 

6 

   EN 

 
 
2006/0074 (ACC) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

Whereas: 

(1) 

(2) 

The Commission has negotiated on behalf of the Community an Agreement with the 
Kingdom of Morocco. 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  initialled  on 
8 November 2005 should be signed, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject to 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  Community  and  its  Member 
States, the Cooperation Agreement between the European Community and its Member States, 
and the Kingdom of Morocco on a Civil Global Navigation Satellite System (GNSS). 

The text of the Agreement is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

EN 

7 

   EN 

 
 
 
ANNEX 

COOPERATION AGREEMENT 

ON A CIVIL GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS) 

BETWEEN THE EUROPEAN COMMUNITY 

AND ITS MEMBER STATES 

AND THE KINGDOM OF MOROCCO 

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, 

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, 

EN 

8 

   EN 

 
THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Parties  to  the  Treaty  establishing  the  European  Community,  hereinafter  referred  to  as  the 
“Member States”, 

of the one part, 

and 

THE KINGDOM OF MOROCCO, hereinafter referred to as “Morocco”, 

of the other part 

hereinafter referred to as “the Parties”, 

CONSIDERING  the  common  interests  in  the  development  of  a  global  navigation  satellite 
system (GNSS) for civil use, 

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

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

WISHING to strengthen cooperation between Morocco and the Community, and taking into 
consideration  the  Euro-Mediterranean  Agreement  establishing  an  association  between  the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Kingdom  of 
Morocco, of the other part,1 which entered into force on 1 March 2000 (hereinafter referred to 
as the “March 2000 Association Agreement”), 

1 

OJ L70, 18.3.2000, p.3. 

EN 

9 

   EN 

 
 
 
                                                 
HAVE AGREED AS FOLLOWS: 

Article 1 

Objective of the Agreement 

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

Article 2 

Definitions 

For the purposes of this Agreement: 

“Augmentation”  means  regional  or  local  mechanisms  such  as  the  European  Geostationary 
Navigation  Overlay  System  (EGNOS).  They  provide  the  users  of  satellite-based  navigation 
and  timing  signals  with  input  information,  in  addition  to  that  derived  from  the  main 
constellations  in  use,  and  additional  range/pseudo-range  inputs  or  corrections  to,  or 
enhancements of, existing pseudo-range inputs. These mechanisms enhance performance for 
users, increasing accuracy, availability, integrity and reliability; 

“GNSS”: means Global Navigation Satellite System, which provides signals used for satellite-
based navigation and timing; 

“GALILEO”:  means  the  autonomous  civil  European  global  satellite  navigation  and  timing 
system  designed  and  developed  by  the  Community  and  its  Member  States.  The  system  is 
under  civil  control  and  is  intended  to  provide  GNSS  services.  The  operation  of  GALILEO 
may  be  transferred  to  a  private  party.  GALILEO  aims  to  offer  one  or  more  services  for 
various  purposes:  open,  commercial,  safety  of  life  and  search  and  rescue  purposes,  and  a 
public regulated service with restricted access designed to meet the needs of authorised users 
from the public sector. 

These services include: 

–  Open Service (OS), defined for those applications open to the general public; 

–  Commercial  Service  (CS),  intended  for  professional  applications  requiring  enhanced 

performance compared with the Open Service; 

–  Safety  of  Life  Service  (SoL),  used  for  most  transport  applications  when  lives  may  be 
endangered  by  decreased  performance  of  the  navigation  system  without  any  real-time 
warning; 

–  Search and Rescue Service (SAR) for persons in distress; 

–  Public Regulated Service (PRS), a secured service for government applications; 

EN 

10 

   EN 

 
“GALILEO  local  elements”  means  local  mechanisms  that  provide  the  users  of  GALILEO 
satellite-based  navigation  and  timing  signals  with  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. 

“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  a  law,  regulation,  rule,  procedure,  decision,  administrative 
action or similar action by a Party; 

“Interoperability”  means,  at  user  level,  a  situation  where  a  dual-system  receiver  can  use 
signals from at least two systems simultaneously for performance equal to or better than that 
obtained by using only one system; 

“Intellectual  property”  shall  have  the  meaning  given  in  Article  2  of  the  Convention 
Establishing 
the  World  Intellectual  Property  Organisation,  done  at  Stockholm,  on 
14 July 1967. 

"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). 

“Cost recovery” means mechanisms to recover the costs of investment in and operation of the 
system; 

“Classified  information”  means  information  in  any  form  requiring  protection  against 
unauthorised disclosure, which could cause varying degrees of prejudice to the vital interests, 
including national security interests, of the Parties or of an individual Member State. Its level 
of  classification  is  identified  by  specific  markings.  Such  information  is  classified  by  the 
Parties in compliance with the applicable regulations and laws and must be protected against 
any loss of confidentiality, integrity and availability. 

Article 3 

Principles of cooperation 

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

1. 

2. 

3. 

mutual  benefit  based  on  an  overall  balance  of  rights  and  obligations  including 
contributions and payments; 

partnership in the GALILEO programme in accordance with the procedures and rules 
governing its management; 

reciprocal  opportunities  to  engage  in  cooperation  activities  in  European  and 
Moroccan GNSS projects for civil use; 

EN 

11 

   EN 

 
4. 

5. 

6. 

7. 

1. 

2. 

timely exchange of information that may affect cooperation activities; 

appropriate protection of intellectual property rights as referred to in Article 8(2) of 
this Agreement; 

unrestricted access to satellite navigation services in the Parties’ territories; 

free trade in GNSS equipment in the Parties’ territories. 

Article 4 

Scope of cooperation 

The sectors for cooperation in satellite navigation and timing are scientific research, 
industrial  manufacturing,  training,  application,  service  and  market  development, 
trade,  radio-spectrum  issues,  integrity  issues,  standardisation  and  certification  and 
security.  The  Parties  may  modify  this  list  by  decision  in  accordance  with  the 
mechanism established pursuant to Article 14 of this Agreement. 

This  Agreement  does  not  cover  cooperation  between  the  Parties  in  the  areas 
indicated in 2.1 – 2.6 below. If it is agreed by the Parties that mutual benefits will be 
derived  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-related  sensitive  technologies  and  items  under  export  control  and  non-
proliferation  regulatory  measures  applicable  in  the  European  Community  or  its 
Member States, 

2.2. 

Cryptography and major information security technologies and items (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  during 
implementation, testing, evaluation and operation (management and use); and 

the  phases  of  definition,  development, 

2.6. 

Exchange of classified information concerning satellite navigation and GALILEO. 

3. 

This Agreement shall not affect the application of European Community legislation 
establishing  the  European  GNSS  Supervisory  Authority  and  its  institutional 
structure.  Nor  shall  this  Agreement  affect  the  applicable  regulatory  measures 
implementing  non-proliferation  commitments  and  export  control  for  dual-use  items 
and  national  domestic  measures  regarding  security  and  controls  of  intangible 
transfers of technology. 

EN 

12 

   EN 

 
Article 5 

Forms of cooperation 

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

The Parties agree to conduct cooperation activities as indicated 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  cooperation  and  mutual  support  in  radio-
spectrum issues. 

In  this  context,  the  Parties  shall  promote  adequate  frequency  allocation  for 
GALILEO in order to ensure the accessibility of its services to users throughout the 
world, particularly in Morocco and in the Community. 

Moreover,  the  Parties  recognise  the  importance  of  protecting  the  radionavigation 
spectrum from disruption and interference. To this end, they shall identify sources of 
interference and seek mutually acceptable solutions to combat such interference. 

Nothing  in  this  Agreement  shall  be  construed  to  authorise  derogations  from  the 
applicable  provisions  of  the  International  Telecommunication  Union,  including  the 
ITU Radio Regulations. 

1. 

2. 

1. 

2. 

3. 

4. 

Article 7 

Scientific research 

The Parties shall promote joint GNSS research activities via European and Moroccan research 
programmes, in particular the European Community Framework Programme for Research and 
Development,  research  programmes  of  the  European  Space  Agency  and  programmes 
developed by Moroccan bodies. 

Such activities should contribute to planning the future development of a GNSS for civil use. 

The  Parties  agree  to  define  an  appropriate  mechanism  for  ensuring  useful  contacts  and 
effective participation in the research programmes. 

EN 

13 

   EN 

 
ARTICLE 8 

Industrial cooperation 

The  Parties  shall  encourage  and  support  cooperation  between  the  industries  of  the 
two  sides,  including  by  means  of  joint  ventures  and  Moroccan  participation  in 
relevant  European  industrial  associations  and  European  participation  in  relevant 
Moroccan  industrial  associations,  the  objectives  being  to  set  up  the  GALILEO 
system  and  promote  the  use  and  development  of  GALILEO  applications  and 
services. 

To  facilitate  industrial  cooperation  the  Parties  shall  grant  and  ensure  adequate  and 
effective  protection  of  intellectual,  industrial  and  commercial  property  rights  in  the 
fields and sectors relevant to the development and operation of GALILEO/EGNOS, 
in accordance with the highest international standards, including effective means of 
enforcing such rights. 

Exports  by  Morocco  to  third  countries  of  sensitive  items  and  technologies 
specifically developed and funded by the GALILEO programme must be submitted 
for  prior  authorisation  to  the  competent  GALILEO  security  authority,  if  that 
authority  has  recommended  that  the  items  in  question  be  subject  to  export 
authorisation  in  accordance  with  the  applicable  regulatory  measures.  Any  separate 
agreement  referred  to  in  Article  4(2)  of  this  Agreement  shall  also  elaborate  an 
appropriate  mechanism  for  Morocco  to  recommend  potential  items  to  be  subject  to 
export authorisation. 

The  Parties  shall  encourage  the  establishment  of  closer  ties  between  the  competent 
entities in Morocco and the European Space Agency to help achieve the objectives of 
the Agreement. 

Article 9 

Trade and market development 

The  Parties  shall  encourage  trade  and  investment,  in  the  European  Union  and  in 
Morocco, in satellite-navigation infrastructure, equipment, GALILEO local elements 
and applications. 

To  this  end  the  Parties  shall  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 Community and Morocco shall 
consider establishing a joint GNSS user forum. 

This  Agreement  shall  not  affect  the  rights  and  obligations  of  the  Parties  under  the 
World Trade Organisation. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

EN 

14 

   EN 

 
Article 10 

Standards, certification and regulatory measures 

The  Parties  recognise  the  value  of  coordinating  approaches  in  international 
standardisation  and  certification  forums  concerning  global  satellite  navigation 
services. In particular, the Parties shall jointly support the development of GALILEO 
standards  and  promote  their  application  worldwide,  emphasising  interoperability 
with other GNSS systems. 

One  objective  of  coordination  is  to  promote  extensive  and  innovative  use  of  the 
GALILEO services by encouraging the adoption of worldwide navigation and timing 
standards for various purposes: open services, commercial services and safety of life 
services. The Parties agree to create favourable conditions for developing GALILEO 
applications. 

Consequently,  to  promote  and  implement  the  objectives  of  this  Agreement,  the 
Parties shall, as appropriate, cooperate on all GNSS matters that arise, notably in the 
International  Civil  Aviation  Organisation,  the  International  Maritime  Organisation 
and the International Telecommunication 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. Such requirements shall be based on 
objective, non-discriminatory, pre-established and transparent criteria. 

The  Parties  shall  adopt  regulatory  measures  allowing  full  use  of  GALILEO,  in 
particular  of  receivers  and  ground  and  space  components,  in  the  territories  falling 
within their jurisdiction. 

Article 11 

Development of global and regional GNSS ground augmentation systems 

The  Parties  shall  collaborate  to  define  and  implement  ground  system  architectures 
allowing  an  optimal  guarantee  of  GALILEO  integrity  and  continuity  of  GALILEO 
services. 

To  this  end,  at  the  regional  level  the  Parties  shall  cooperate  in  implementing  and 
building  a  ground  regional  augmentation  system  based  on  the  EGNOS  system  in 
Morocco.  Such  a  regional  system  is  intended  to  provide  regional  integrity  services 
additional to those provided by the GALILEO system globally.  

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

1. 

2. 

3. 

4. 

1. 

2. 

3. 

EN 

15 

   EN 

 
Article 12 

Security 

1. 

2. 

3. 

4. 

The Parties emphasise the need to protect global navigation satellite systems against 
misuse, interference, disruption and hostile acts. 

The  parties  recognise  that  cooperation  to  ensure  security  of  the  GALILEO  system 
and services are important common objectives. The Parties shall therefore establish 
an  authority  responsible  for  GNSS  security  issues,  including  consultation  channels. 
This framework shall serve to guarantee GNSS service continuity. 

The Parties shall take all practicable steps to ensure the continuity and security of the 
satellite  navigation  services  and  the  related  infrastructure  in  their  jurisdiction. 
Initially,  the  Parties  will  not  superimpose  GALILEO  signals  without  the  prior 
agreement of the Parties. 

Any  exchange  of  classified  information  indicated  in  Article  4(2.6)  shall  be 
conditional  on  the  existence  of  a  security  agreement  between  the  Parties.  The 
principles,  procedures  and  scope  of  applicability  shall  be  determined  by  the 
competent security authorities of the Parties. 

Article 13 

Liability and cost recovery 

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

Article 14 

Cooperation mechanism 

1. 

2. 

3. 

The  Government  of  the  Kingdom  of  Morocco  and  the  European  Commission  shall 
coordinate  and  facilitate  cooperation  activities  under  this  Agreement  on  behalf  of 
Morocco and on behalf of the Community and its Member States respectively. 

In accordance with the objective laid down in Article 1, the two Parties shall define 
the  cooperation  mechanisms  for  managing  this  Agreement  as  provided  for  in  the 
March 2000 Association Agreement.  

The Parties agree that it shall be possible for Morocco to participate in the activities 
of European GNSS Supervisory Authority in accordance with the relevant rights and 
procedures. 

EN 

16 

   EN 

 
Article 15 

Financing 

1. 

2. 

3. 

1. 

2. 

1. 

2. 

3. 

The  amount  of  and  arrangements  for  the  Moroccan  contribution  to  the  GALILEO 
programme through the European GNSS Supervisory Authority shall be the subject 
of  a  separate  agreement,  in  compliance  with  the  institutional  arrangements  of  the 
applicable European Community legislation. 

In accordance with the March 2000 Association Agreement, goods, persons, services 
and capital relating to cooperation schemes of the Parties under this Agreement shall 
enjoy freedom of movement. 

Without  prejudice  to  paragraph  2,  when  one  Party’s  cooperation  scheme  provides 
funds to participants from the other Party that can be used to purchase equipment, the 
Parties  shall  ensure  that  no  customs  duties  are  levied  on  the  equipment’s  transfer 
from one Party to the participants from the other Party in accordance with the laws 
and regulations applicable in each Party’s territory. 

Article 16 

Exchange of information 

The  Parties  shall  establish  administrative  arrangements  and  designate  the  requisite 
contact  points  for  consultations  to  ensure  the  effective  implementation  of  the 
provisions of this Agreement. 

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

Article 17 

Consultation and dispute resolution 

Either Party may request a prompt consultation with the other on any question arising 
out of the interpretation or application of this Agreement. The Parties agree to settle 
amicably any dispute concerning the interpretation or application of the Agreement. 

If  no  solution  can  be  found,  the  Parties  shall  make  use  of  the  dispute  settlement 
mechanism provided for in Article 86 of the March 2000 Association Agreement. 

The  provisions  of  paragraphs  1  and  2  shall  apply  without  prejudice  to  the  Parties’ 
right to have recourse to the dispute settlement system provided for in the agreement 
establishing the World Trade Organisation. 

EN 

17 

   EN 

 
Article 18 

Entry into force and termination 

1. 

2. 

3. 

4. 

This  Agreement  shall  enter  into  force  on  the  first  day  of  the  month  following  the 
month  in  which  the  two  Parties  notify  the  completion  of  the  internal  procedures 
necessary  for  that  purpose.  Notifications  are  to  be  sent  to  the  Council  of  the 
European Union, the depository of the Agreement.  

Unless  otherwise  stipulated,  the  termination  of  this  Agreement  shall  not  affect  the 
validity  or  duration  of  any  arrangements  or  any  rights  and  obligations  established 
under it. 

This Agreement may be amended by mutual agreement of the Parties in writing. Any 
amendments shall enter into force on the first day of the month following the month 
in which the Parties exchange diplomatic notes informing each other that they have 
completed all the internal procedures necessary to that end. 

This Agreement shall remain in force for a period of five years from the date of its 
entry into force. Thereafter, it shall be extended automatically for further periods of 
five years each unless either Party notifies the other in writing at least three months 
prior  to  the  end  of  the  relevant  five-year  period  of  an  intention  not  to  extend  the 
Agreement. 

5. 

This Agreement may be terminated at any time upon one year's written notice. 

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

EN 

18 

   EN