Cooperation agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part
Date: 2006-09-09
Institutions: Austria, Belgium, Cyprus, Czechia, Denmark, Estonia, European Community, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, South Korea, Spain, Sweden, United Kingdom
Subjects: South Korea, cooperation agreement (EU), satellite communications, satellite navigation

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Official Journal of the European Union

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on a Civil Global Navigation Satellite System (GNSS) between the European Community and its
Member States, of the one part, and the Republic of Korea, of the other part

COOPERATION AGREEMENT

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,

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,

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Contracting parties to the Treaty establishing the European Community, hereinafter referred to as ‘Member States’,

of the one part, and

THE REPUBLIC OF KOREA, hereinafter referred to as ‘Korea’,

of the other part,

hereinafter 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:

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).

(c)

‘Galileo local elements’ are 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
around airports,
seaports and in urban or other geographically challenging
environments. Galileo will provide generic models for local
elements.

additional performance

Article 2

Definitions

For the purpose of this Agreement:

(d)

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

satellite-based navigation or

(a)

‘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,
increased
accuracy, availability, integrity, and reliability.

such as

(e)

‘Regulatory measure’ means any law,
procedure, decision, policy or administrative action.

regulation,

rule,

(b) ‘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.

(f)

‘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.

(g)

‘Intellectual property’
shall have the meaning given in
Article 2 of the Convention Establishing the World Intel-
lectual Property Organisation, done at Stockholm, 14 July
1967.

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(h) ‘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
liability) or in a legal norm (non-
agreement (contractual
contractual liability).

(i)

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

Its classification is

interests,

that

Article 4

Scope of cooperation activities

cooperation,

1.
The sectors for cooperation activities in satellite navigation
and timing are: radio-spectrum, scientific research and training,
industrial
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 GNSS Steering Committee
established under Article 14 of this Agreement.

and market

trade

The present Agreement does not

2.
include cooperation
between the Parties in the following areas. 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
require the negotiation and conclusion of appropriate
will
agreements between the Parties:

Article 3

Principles of cooperation

The Parties agreed to apply the following principles to co-
operation activities covered by this Agreement:

2.1. Galileo sensitive technologies and items under export
control
regulatory measures
applicable in the European Community or its Member
States,

non-proliferation

and

1. Mutual benefit based on an overall balance of rights and

obligations including contributions.

2.2. Galileo cryptography and information security (Infosec),

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

2.3. Galileo System Security Architecture (space, ground and

user segments),

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

2.4. Security control features of the Galileo global segments,

4. Timely exchange of information that may affect cooperative

activities.

2.5. Public Regulated Services in their definition, development,
and evaluation and operational

implementation,
(management and use) phases, and

test

5. Appropriate protection of

intellectual property rights as

2.6. Exchange of classified information concerning satellite

referred to in Article 8(3) of this Agreement.

navigation and Galileo.

6. Freedom to provide satellite navigation services in the terri-

tories of the Parties.

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

Parties.

3.
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 imple-
menting non-proliferation and export control commitments,
including control of
technology, nor
does it affect national security measures.

intangible transfers of

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Article 5

Forms of cooperation activities

the European Space Agency, and the Ministries and agencies
of Korea related to GNSS.

1.
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 under Article 4.

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

The Parties agree to conduct cooperation activities as

2.
mentioned in Articles 6 to 13 of this Agreement.

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 6

Radio spectrum

Building on past successes in the framework of the Inter-
agree
to
in radio-

1.
national Telecommunication Union,
continue their cooperation and mutual
spectrum issues.

the Parties
support

2.
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)
to
ensure the availability of Galileo services for the benefit of
users worldwide and notably in Korea and in the Community.

in order

3.
Recognising the importance of protecting the radio navi-
gation spectrum from disruption and interference, the Parties
shall
and seek mutually
acceptable solutions to combat such interference.

identify sources of

interference

4.
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.

5.
Nothing in this Agreement shall be construed as dero-
gating from the applicable provisions of the International Tele-
including the ITU Radio Regulations.
communications Union,

Article 7

Scientific research

Article 8

Industrial cooperation

The Parties

1.
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.

2.
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 co-
operation on satellite development and manufacturing, launch
services, ground station facilities, and application products.

To facilitate industrial cooperation the Parties shall grant
3.
and ensure adequate and effective protection of
intellectual
property rights in the fields and sectors relevant to the deve-
lopment 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 signa-
tories, including effective means of enforcing such standards.

4.
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
to be
submitted by Korea for prior authorisation by the competent
Galileo security authority. Any 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 authorisation.

control, will have

export

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

In order to contribute to the objectives of the Agreement,
5.
the Parties
shall encourage strengthened ties between the
European Space Agency and the Ministries and agencies of
Korea related to GNSS.

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Article 9

Trade and market development

The Parties

1.
in
European and Korean satellite navigation infrastructure,
equipment, Galileo local elements and applications.

shall encourage trade and investment

2.
To this end, the Parties shall make an effort to raise the
level of public awareness concerning the Galileo satellite navi-
gation 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

3.
Parties shall consider establishing a joint GNSS user forum.

This Agreement shall not affect the rights and obligations
4.
of the Parties under the Marrakech Agreement establishing the
World Trade Organisation.

Article 10

Standards, certification and regulatory measures

Recognising the value of coordinating approaches in inter-
1.
national
standardisation and certification concerning global
satellite navigation services, the Parties will jointly support the
development of Galileo standards and promote their application
emphasising interoperability with other GNSS
worldwide,
systems.

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

To promote

and implement

the objectives of

this
2.
Agreement,
the Parties shall, as appropriate, cooperate on
satellite positioning, navigation and timing-related matters that
arise particularly in the International Civil Aviation Organi-
sation, the International Maritime Organisation and the Interna-
tional Telecommunications Union.

standards,

At the bilateral level the Parties shall ensure that measures
3.
certification and licensing
relating to technical
requirements
concerning GNSS do not
constitute unnecessary barriers to trade. Domestic requirements
shall be based on objective, non-discriminatory and applicable
transparent criteria.

and procedures

The Parties shall take the necessary regulatory measures to
4.
allow the use of GALILEO receivers, ground and space segments
in the territories under their jurisdiction.
In this regard, the
the Republic of Korea in the area of radio
government of
shall grant GALILEO treatment no less
communications
favourable than that accorded to any other like services.

The Parties shall promote the participation of Korean

5.
representatives in European standardisation organisations.

Article 11

Development of

global

and regional GNSS ground

augmentation systems

The Parties shall cooperate with one other to define and
1.
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.

2.
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.

At

3.
lopment of local Galileo elements.

the local

level, the Parties shall

facilitate the deve-

Article 12

Security

1.
The Parties shall protect the Global Navigation Satellite
Systems against misuse, interference, disruption and hostile acts.

2.
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.

3.
The Parties recognise that cooperation to ensure the
security of the Galileo system and services is an important
common objective.

Hence the Parties shall establish an appropriate consul-

4.
tation channel to address GNSS security issues.

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

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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.

those for travel and accommodation which are directly asso-
ciated 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 standardisation.

Article 14

Cooperation mechanism

The Parties welcome the potential participation of Korea
4.
in the European GNSS Supervisory Authority,
in accordance
with the applicable European Community legislation and the
modalities and procedures governing such participation.

1.
The coordination and facilitation of cooperation 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.

Article 15

Funding

2.
In accordance with the objective in Article 1, these two
entities shall establish a GNSS Steering Committee, hereinafter
referred to as ‘the Committee’
this
Agreement. This Committee shall consist of official represen-
tatives of each Party and it shall establish its own rules of
procedure based on mutual consensus.

for the management of

1.
Each Party shall bear the costs of fulfilling its respective
responsibilities under this Agreement, unless otherwise agreed
upon by the Parties. The modalities and procedures referred to
in Article 14(4) will
include an appropriate financial contri-
bution to the Galileo programme by the non-EU country
deciding to apply to participate in the Supervisory Authority.

The functions of the Steering Committee shall include:

(a) promoting, making recommendations to the Parties and
overseeing the different cooperation activities related to
the Agreement;

(b) advising the Parties on the ways to enhance and improve
in this

cooperation in line with the principles set out
Agreement;

(c) reviewing the efficient functioning and implementation of

this Agreement; and

(d) discussing the possibility of extending cooperation to the

areas referred to in Paragraph 2 of Article 4.

2.
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 cooperation activities under
this Agreement.

3. When specific cooperation schemes of one Party provide
for financial support for participants from the other Party, any
such grants, financial contributions or other forms of contri-
bution 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 Committee shall, as a general rule, meet annually. The
3.
meetings will be held alternatively in the Community and in
Korea. Extraordinary meetings may be organised at the request
of either Party.

The Parties shall establish administrative arrangements and
1.
enquiry points
to provide for consultations and
effective implementation of the provisions of this Agreement.

in order

The 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

2.
The Parties shall encourage further exchanges of infor-
mation concerning satellite navigation among the institutions
and enterprises of the two sides.

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Article 17

Consultation and dispute resolution

1.
The Parties shall promptly discuss, at the request of any of
them, on any questions arising from the interpretation or appli-
cation of this Agreement. Any disputes concerning the inter-
pretation or application of this Agreement shall be settled by
friendly consultations between the Parties.

Paragraph 1 shall not prevent the Parties from having

2.
recourse to dispute settlement under the WTO Agreements.

Article 18

Entry into force and termination

This Agreement enters into force on the first day of the
1.
month following the date on which the Parties have notified the
completion of the procedures necessary for this purpose. Noti-
fications shall be sent to the Council of the European Union
which shall be the depository of this Agreement.

The termination of this Agreement shall not affect the
2.
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.

3.
This Agreement may be amended by mutual agreement of
the Parties in writing. Any amendment shall enter into force on
the first day of the month following the date on which the
Parties have notified the Depository of
the completion of
their procedures necessary for this purpose.

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,
Polish,
Hungarian,
Portuguese,
and
Korean languages, each text being authentic.

Lithuanian, Maltese,
Spanish,

Italian,
Slovakian,

Slovenian,

Swedish

Latvian,

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Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien

Cette signature engage également la Communauté française,
germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

la Communauté flamande,

la Communauté

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige
Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die
Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-
Hauptstadt.

Za Českou republiku

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

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Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la Republique française

Thar cheani Na hÉireann
For Ireland

Per la Repubblica italiana

Για την Κυπριακή Δημοκρατία,

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Latvijas Republikas vārdā

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

A Magyar Köztársaság részéről

Għar-Repubblika ta’ Malta

Voor het Koninkrijk der Nederlanden

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Für die Republik Osterreich

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

Za Republiko Slovenijo

Za Slovenskú republiku

Suomen tasavallan puolesta
For Republiken Finland

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För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea
Za Evropské společenství
For det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per Ia Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunitâ Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vagnar