Council Regulation (EC) No 1942/2006 of 12 December 2006 amending Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes
Date: 2006-12-12
Institutions: Council of the European Union
Subjects: EU office or agency, EU programme, European Space Agency, joint venture, powers of the institutions (EU), satellite navigation

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Official Journal of the European Union

22.12.2006

COUNCIL REGULATION (EC) No 1942/2006

of 12 December 2006

amending Regulation (EC) No 1321/2004 on the establishment of structures for the management of
the European satellite radio-navigation programmes

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty
Community, and in particular Article 171 thereof,

establishing the European

Having regard to the proposal from the Commission,

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

(5)

Having regard to the opinion of the European Economic and
Social Committee (2),

Whereas:

It is also appropriate to assign explicitly to the Authority
the tasks entrusted to the Galileo Joint Undertaking prior
to its winding up, together with the task of attending,
where appropriate and acting in accordance with a
the Galileo
decision by the Administrative Board of
Joint Undertaking,
involved in
winding up the Joint Undertaking after 31 December
2006. It is also necessary to entrust the Authority with
the task of carrying out all research of benefit to the
European GNSS programmes.

to the proceedings

the taking over of

the management of

However,
the
development phase from the Galileo Joint Undertaking
is not listed as one of the Authority's tasks as laid down
in Article 2 of Regulation (EC) No 1321/2004, nor does
that Article mention research activities or work that the
Authority may be called upon to carry out or finance
during the development, deployment and operation
phases of the programme.

(1)

(2)

(3)

The Galileo Joint Undertaking was set up by Regulation
(EC) No 876/2002 (3)
to complete the development
phase and prepare for
the
the following phases of
Galileo
programme
currently stands,
the development phase will not be
completed before the end of 2008.

programme. As

the Galileo

The European GNSS Supervisory Authority (hereinafter
referred to as ‘the Authority’) was set up by Regulation
(EC) No 1321/2004 (4), to manage the public interests
relating to the European GNSS programmes and to act as
the regulatory authority for the programmes during the
the Galileo
and operational phases of
deployment
programme.

the
The Authority is in a position to take over all
activities currently being carried out by the Galileo
Joint Undertaking in the course of 2006 and subse-
quently complete them. Extending the lifetime of the
Joint Undertaking beyond 2006 would therefore be
pointless and not cost-effective. It is therefore appropriate
to wind up the Galileo Joint Undertaking and, prior to
this, transfer its activities to the Authority before the
completion of the development phase.

(1) Opinion delivered on 12 October 2006 (not yet published in the

Official Journal).

(2) Opinion delivered on 26 October 2006 (not yet published in the

Official Journal).

(3) OJ L 138, 28.5.2002, p. 1.
(4) OJ L 246, 20.7.2004, p. 1.

(6)

(7)

(8)

in order to ensure the continuity of the
Consequently,
the
Galileo programme and the smooth transfer of
activities of
the Galileo Joint Undertaking to the
Authority, Article 2 of Regulation (EC) No 1321/2004
should be amended accordingly.

Moreover, for the sake of consistency, provision should
be made for the Authority to assume ownership, of the
tangible and intangible assets held by the Galileo Joint
Undertaking, at the time of its winding up rather than at
the end of the development phase. Provision should also
be made for the Authority to assume ownership of the
tangible and intangible assets created or developed,
during the development phase, after the winding up of
the Joint Undertaking. Furthermore, provision should be
made for the modalities for the transfer.

In addition, to avoid any risk of differences of interpre-
tation as to the scope of Regulation (EC) No 1321/2004,
it is also necessary to specify that tangible and intangible
assets created or developed by the concession holder
during the deployment and operation phases include
those created or developed by its subcontractors or by
undertakings under its control or by their subcontractors.
It should also be specified that the ownership of assets
covers
intellectual
property rights within the meaning of Article 1(1) of
Commission Regulation (EC) No 772/2004 of 27 April
2004 on the application of Article 81(3) of the Treaty to
technology transfer agreements (5) and
categories of
Article 2 of the Convention of 14 July 1967 establishing
the Intellectual Property World Organisation.

trade mark rights and all other

(5) OJ L 123, 27.4.2004, p. 11.

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(9)

role played by the
Finally, due to the fundamental
in the conception and
European Space Agency (ESA)
the systems, which implies con-
the development of
sideration and knowledge of all aspects
related to
security and safety of those systems, the ESA should be
represented as an observer within the Administrative
Board and the System Safety and Security Committee.
In addition,
as
regards the representation of the Secretary General/High
Representative (SG/HR) in the Administrative Board.

similar provisions

shall be made

(10)

Regulation (EC) No 1321/2004 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1321/2004 shall be amended as follows:

1. In Article 2(1), the following points shall be added:

the

‘(k) with a view to the completion of the development phase
of the Galileo programme,
it shall take over, no later
than at the end of the duration of the Galileo Joint
Undertaking,
latter by
Articles 2, 3 and 4 of the Annex to Regulation (EC)
and
No 876/2002 (*).
acting in accordance with a decision by the Adminis-
trative Board of the Galileo Joint Undertaking, attend to
the proceedings involved in the winding up of the Joint
Undertaking after 31 December 2006;

assigned to the

shall, where

appropriate

tasks

It

(l)

it shall carry out all research of benefit to the devel-
European GNSS
opment
programmes.

and promotion of

the

___________
(*) OJ L 138, 28.5.2002, p. 1.’

2. Article 3(1) and (2) shall be replaced by the following:

European Space Agency and by entities given responsibility
by the latter or by the Galileo Joint Undertaking for activities
for the development of the programme.

2.
The Authority shall be the owner of all the tangible
and intangible assets created or developed by the concession
holder during the deployment
and operation phases,
including those created or developed by its subcontractors
or by undertakings under its control or by their subcon-
tractors.

Ownership rights shall cover all

3.
intellectual property
rights within the meaning of Article 1(1) of Commission
Regulation (EC) No 772/2004 of 27 April 2004 on the
application of Article 81(3) of the Treaty to categories of
technology transfer agreements (*) as well as all property
rights within the meaning of Article 2 of the Convention
of the 14th July 1967 establishing the Intellectual Property
World Organisation, and in particular trade mark rights.

4.
The modalities for the transfers of the tangible and
intangible assets owned by the Galileo Joint Undertaking in
accordance with Article 6 of the Annex to Regulation (EC)
No 876/2002, will be established during the winding-up
proceeding as laid down in Article 21 of the Annex of
that Regulation.

5.
The agreement concluded between the Authority and
European Space Agency (ESA), in accordance with Article 3
of the Annex to Regulation (EC) No 876/2002, can foresee
the modalities of exercise, by ESA on behalf of
the
Authority, of
right of ownership granted to the
Authority by Paragraph 1.

the

The concession contract can foresee the modalities of
the
right of ownership granted to the

concession holder, on behalf of

6.
exercise by the
Authority, of
Authority by Paragraph 1.

the

___________
(*) OJ L 123, 27.4.2004, p. 11.’

3. Article 3(3) shall be renumbered as Article 3(7).

‘1.
From the end of the duration of the Galileo Joint
Undertaking, as referred to in Article 1 of the Regulation
the
(EC) No 876/2002 and in Article 20 of
its Annex,
Authority shall be the owner of all
the tangible and
intangible assets created or developed during the entire
development phase,
including those owned by the Galileo
Joint Undertaking in accordance with Article 6 of the Annex
of that Regulation and those created or developed by the

4. In Article 5(2) the following subparagraph shall be added:

‘A representative of the SG/HR and a representative of the
ESA shall attend the Board meetings as observers.’.

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5. Article 10(1) shall be replaced by the following:

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

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

Article 2

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

Done at Brussels, 12 December 2006.

For the Council
The President

S. HUOVINEN