Proposal for a Council Decision on the signing of the Cooperation Agreement on a Satellite Navigation between the European Community and its Member States and the Kingdom of Norway
Date: 2009-09-04
Institutions: European Commission
Subjects: European Community, Norway, cooperation agreement (EU), satellite navigation, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.9.2009 
COM(2009) 453 final 

2009/0124 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing of the Cooperation Agreement on a Satellite Navigation between the 
European Community and its Member States and the Kingdom of Norway 

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1. 

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A) EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

Technological, geographical and financial reasons have ensured Norway an important 
role in the European GNSS. Norway provides critical technology to Galileo and is the 
host for two important ground installations on Svalbard and Antarctica that contribute 
to the proper functioning of the system. This Agreement aims to settle the principles of 
cooperation  in  general  and  the  rights  and  obligations  of  Norway  mainly  in  relevant 
areas, such as security, that are not covered by existing Galileo acquis. The Agreement 
has been negotiated on the basis of negotiation directives adopted by the Council on 8 
July 2005. The Agreement was initialled on 17 July 2009.  

The Agreement will be complemented by a proposed EEA Joint Committee Decision 
(Doc  No  25100,  Case  No.  25099)  amending  Protocols  31  and  37  to  the  EEA 
Agreement by which Norway subscribes to Council Regulation (EC) No 1321/2004 of 
12  July  2004  on  the  establishment  of  structures  for  the  management  of  the  European 
satellite radio-navigation programmes, 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 and Regulation 
(EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the 
further implementation of the European satellite navigation programmes (EGNOS and 
Galileo).  Articles  4  §5  and  6§4  of  this  Regulation  open  up  the  possibility  for  third 
countries  to  provide  additional  funding  to  the  European  GNSS  programmes  in 
accordance with conditions to be laid down in Agreements pursuant to Article 300 of 
the Treaty.  

The Agreement is limited to topics that are necessary to allow close cooperation with 
Norway.  The  construction  and  management  of  Galileo  and  EGNOS  as  EC-wide 
programs highlight the need for common approaches and working methods between all 
the EU  member states  and some non-EU states (Norway and  Switzerland). The  rules 
for  these  topics  need  to  be  set  by  the  governments  and  coherently  enforced  Europe-
wide.  The  Commission  as  program  manager  acting  on  behalf  of  the  Community,  the 
owner  of  the  system,  needs  to  take  all  reasonable  measures  to  induce  this  coherence. 
Failing  to  do  this  would  increase  security  risks  and  the  exposure  of  the  EC  and  its 
Member States for liability claims in case of serious incidents. 

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1.2. 

General context 

Norway is our closest non-EU cooperation partner in Galileo since the early days of the 
programme.  Norway  has  contributed  politically,  technically  and  financially  to  all 
phases  of  Galileo  through  its  membership  in  the  European  Space  Agency  and  its 
informal participation in the Galileo-specific EC governance structures over the years. 
This Agreement and a parallel, related decision through the EEA Joint Committee will 
formalise  and  deepen  this  close  integration  of  Norway  in  European  GNSS  Programs. 
Without this agreement, the participation of Norway would continue within the limits 
of  the  EEA  agreement.  This  would  cause  uncertainty  about  the  nature  of  the 
collaboration  in  the  sectors  of  security,  standardisation,  certification  and  radio 

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spectrum.  Moreover,  the  Agreement  allows  the  EC  on  the  one  hand  to  set  overall 
principles  including  a  conditionality  clause  for  cooperation  in  security.  On  the  other 
hand  the  Agreement  includes  a  political  commitment  from  Norway  to  subscribe  to 
future EC policy aimed to protect European GNSS. 

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1.3. 

Existing provisions in the area of the proposal 

Cooperation  of  Norway  in  Galileo  will  be  organised  in  two  complementary 
instruments:  an  EEA  Joint  Committee  decision  to  cover  Galileo  acquis  and  the 
enclosed  mixed  agreement  to  provide  an  umbrella  for  the  cooperation  including 
principles of future cooperation and complementary provisions concerning cooperation 
in security, standardisation and certification. 

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1.4. 

Consistency with the other policies and objectives of the Union 

The proposal is in line with the policy of the EC of integrating Norway in Community 
programmes through the EEA Agreement. Moreover, it supports the objectives of the 
Commission in reinforcing the Community aspect of cooperation in policies relevant to 
non-proliferation. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

The Special Committee of the Council, security authorities of the Member States and 
Norway have been consulted through the Galileo Security Board Working Group 2 and 
through bilateral meetings with Norwegian authorities both at the stage of negotiation 
directives  and  during  negotiations.  The  respondents  included  technical,  security  and 
transport  experts  of  EU  MS  and  Norwegian  National  Security  Authorities,  Ministries 
of Foreign Affairs, Defence and Interior, European Space Agency and national space 
agencies. 

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Summary of responses and how they have been taken into account 

These  stakeholders  have  supported  the  close integration  of  Norway  in  cooperation  in 
Galileo  relevant  security  matters  and  underlined  the  importance  of  including  issues 
such as security of ground facilities in the Agreement.  

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2.2. 

Collection and use of expertise 

Scientific/expertise domains concerned 

Space  technology/  ground  facilities,  Security/  Industrial  and  governmental  security, 
information security and international law/ privileges and immunities  

Methodology used 

Meetings mainly 

Main organisations/experts consulted 

EU MS ministries and space agencies, EEA Secretariat, ESA, space industry 

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2249 

Summary of advice received and used 

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

There  was  a  broad  consensus  over  the  principles  of  cooperation  foreseen  in  the 
Agreement  and  the  objective  of  closely  integrating  Norway  in  the  programme 
including  rights  and  corresponding  obligations.  The  security  profile  of  Norway  gave 
confidence to the experts. 

Means used to make the expert advice publicly available 

The conclusions of security experts have not been made publicly available. 

2.3. 

Impact assessment 

The  action  aims  at  ensuring  a  close  involvement  of  Norway  in  the  construction  and 
operations  phases  of  Galileo  and  EGNOS.  These  two  initiatives  contain  significant 
industrial, economic and strategic components. The governance of the European GNSS 
Programmes  has  been  reformed  in  Regulation  (EC)  No  683/2008  whereby  the  focus 
has  been  shifted  from  a  Public-Private-Partnership  to  programmes  managed  and 
systems owned by the Community. This evolution and the content of the cooperation 
with  security  implications  require  formal  regulatory  measures.  Consequently,  three 
options were considered to achieve this goal: 

The  first  one  was  an  association  of  Norway  to  the  programme  through  a  specific 
international  cooperation  body  (Galileo  International  Board)  grouping  all  third 
countries interested in Galileo. After long discussions over this body with Norway and 
other third countries, the option was abandoned. Norway felt it was unjust to treat it the 
same  way  as  considerably  less  integrated  non-European  third  countries  that  have  not 
contributed financially to the programme. 

The second option was to use the EEA framework as the only instrument to formalise 
the  cooperation.  This  was  closely  studied  including  the  possibilities  in  legal  terms  to 
cover all the scope of cooperation desired. At the end it was concluded that the EEA 
was  the  best  option  for  incorporating  existing  EC  acquis  concerning  Galileo.  This 
includes  committees,  decision  shaping  without  voting  rights,  ownership  rules, 
procurement, financial contributions etc. However, EEA was considered insufficient in 
certain sectors such as security, spectrum and standardisation. Also, from the EC point 
of view, it was not practical to introduce principles and conditionality provisions that 
are not present in Galileo acquis.  

The  third  option  was  a  combination  of  the  EEA  Joint  Committee  decision  and  the 
enclosed  mixed  agreement.  This  combination  allowed  practically  differentiating 
between  Norway  and  Iceland  (members  of  the  EEA),  to  introduce  additional 
commitments/obligations  for  Norway,  to  reinforce  provisions  on  security  and  to 
provide  principles  and  messages  paving  way  for  a  mutually  beneficial  long  term 
cooperative relationship.  

3. 

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LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

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The  Commission  proposes  to  the  Council  to  authorise  the  signature  and  provisional 
application of a Cooperation agreement on satellite navigation between EC its Member 
States and the Kingdom of Norway. Provisional application is a necessary measure to 
speed  up  the  application  of  the  Agreement  due  to  the  provisions  concerning  in 
particular the security of Galileo ground facilities on Norwegian territories.  

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3.2. 

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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3.3. 

Subsidiarity principle 

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 at several billions of Euro, is a European initiative 
that no single state alone is willing to finance. The content of the proposed Agreement 
cannot be limited to any single Member State or a group of Member States but affects 
the  EU  as  a  whole  and  in  some  aspects  (e.g.  ground  station  services)  has  even  a 
worldwide impact. 

The  industrial  and  technical  (including  security)  knowledge  in  the  space  sector  is 
spread over several European countries including Norway with no one state capable of 
mastering all of it. Without  a coordinated effort and information sharing, the risks of 
agreeing on sub-optimal  solutions with  Norway would increase. Errors  in the area of 
security could compromise the security of supply of export controlled components to 
the European GNSS in particular from the United States. This would drive up the costs 
of the programmes.  

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

The infrastructure of European GNSS is being deployed over the whole world and its 
security will largely depend on the enforcement of coherent protection measures by all 
Member States and non-EU states hosting this critical infrastructure. 

 The  size  and  complexity  of  the  European  GNSS  require  centralised  and  simple 
management structures and clear interfaces between the EU side and third countries. A 
large  network  of  bilateral  relations  with  Norway  would  bear  a  high  risk  of 
inefficiencies, delays and contradictions which in an industrial project quickly translate 
into  higher  costs  to  be  born  by  the  Community  budget.  Also,  Member  States  acting 
individually  might  have  smaller  chances  to  impose  principles  and  conditionality 
towards Norway than what is achieved through cooperation. 

The Agreement is limited to the common principles and commitments of cooperation 
and  to  the  specific  issues  covering  ground  infrastructure  forming  a  part  of  the  EC 
owned GNSS. The agreement relies on existing capabilities of the Member States (e.g. 
in  export  control,  exchange  of  sensitive  information)  in  the  implementation  of  most 

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provisions of the Agreement. 

The proposal therefore complies with the subsidiarity principle. 

3.4. 

Proportionality principle 

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

The Agreement sets the objectives and principles but includes a clause referring to the 
definition  of  details  of  actions  in  separate  arrangements  that  will  be  defined  in 
cooperation with Member State experts and Norway.  

The Agreement is a traditional well-known instrument in international relations defined 
in collaboration with existing expert working groups and to be approved by the existing 
decision-making structures. It does not establish new administrative structures.  

3.5. 

Choice of instruments 

An international agreement is the sole instrument which ensures EU-wide coherency in 
relations with Norway in satellite navigation. Uniformity in application is particularly 
important in security which forms a major part of the Agreement. At the same time the 
Agreement allows flexibility as to the implementing measures in particular in the area 
of  standardisation  and  certification  where  the  Member  States  are  key  actors  in  the 
international  organisations.  The  Treaty  does  not  provide  other  viable  options  for 
regulating the relationships with a third country. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

ADDITIONAL INFORMATION 

The proposal includes a review clause. 

B) PROPOSAL 

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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  and  the 
provisional  application  of  the  Cooperation  Agreement  on  Satellite  Navigation  between 
the European Community and its Member States and the Kingdom of Norway. 

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2009/0124 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the signing of the Cooperation Agreement on a Satellite Navigation between the 

European Community and its Member States and the Kingdom of Norway 

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) 

(2) 

(3) 

(4) 

The Commission has negotiated an Agreement with the Kingdom of Norway 

The Agreement has been initialled on 17 July 2009, 

Pursuant  to  Article  12(3)  thereof,  the  Agreement  should  be  provisionally  applied  by 
the Parties pending its entry into force. 

The Agreement should be signed on behalf of the Community and accompanied by a 
Decision on provisional application, 

HAS ADOPTED THIS DECISION:  

Article 1 

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 Satellite Navigation between the European Community and its 
Member States, and the Kingdom of Norway.  

The text of the Agreement is attached to this Decision 

Article 2 

The  Agreement  shall  be  applied  on  a  provisional  basis  pending  its  entry  into  force.  The 
provisional application begins on the first day of the first month following the date on which 
the  Parties  have  notified  each  other  of  the  completion  of  the  necessary  procedures  for  this 
specific purpose. This date will be published in the Official Journal of the European Union. 

This Decision is addressed to the Member States. 

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Done at Brussels,  

For the Council 
The President 

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ANNEX  

COOPERATION AGREEMENT 
ON SATELLITE NAVIGATION BETWEEN THE EUROPEAN COMMUNITY AND 
ITS MEMBER STATES AND THE KINGDOM OF NORWAY 

THE EUROPEAN COMMUNITY hereinafter referred to as the "Community", 

and 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA 

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, 

ROMANIA 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting parties to the Treaty establishing the European Community, hereinafter referred 
to as "Member States", of the one part, 

and 

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THE KINGDOM OF NORWAY, hereinafter referred to as “Norway”, of the other part, 

hereinafter jointly referred to as "the Parties" 

RECOGNISING Norway’s close participation in the Galileo and EGNOS programmes since 
the definition phases of the programmes,  

CONSCIOUS of the evolution in the governance, ownership and financing of  the European 
GNSS programs by virtue of Council Regulation (EC) No 1321/2004 of 12 July 2004 on the 
establishment  of  structures  for  the  management  of  the  European  satellite  radio-navigation 
programmes, its amendments and Regulation (EC) No 683/2008 of the European Parliament 
and  of  the  Council  of  9  July  2008  on  the  further  implementation  of  the  European  satellite 
navigation programmes (EGNOS and Galileo), 

CONSIDERING the benefits of an equivalent level of protection of European GNSS and their 
services in the territories of the Parties, 

RECOGNISING  Norway’s  intention  to  timely  adopt  and  enforce  within  its  jurisdiction 
measures  providing  an  equivalent  degree  of  security  and  safety  as  those  applicable  in  the 
European Union,  

RECOGNISING the obligations of the Parties under international law,  

RECOGNISING Norway's interest in all Galileo services, including PRS, 

RECOGNISING  the  Agreement  between  Norway  and  the  European  Union  on  security 
procedures for the exchange of classified information, 

DESIRING  to  formally  establish  close  collaboration  in  all  aspects  of  European  GNSS 
Programmes,  

CONSIDERING the Agreement on the European Economic Area as an appropriate legal and 
institutional basis to develop cooperation between the European Community and Norway in 
satellite navigation,  

DESIRING  TO  complement  the  provisions  of  the  EEA  through  a  bilateral  agreement  on 
satellite  navigation  in  matters  of  specific  relevance  to  Norway,  the  Community  and  its 
Member States  

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

Objective of the agreement 

The  main  objective  of  the  agreement  is  to  further  strengthen  the  cooperation  between  the 
Parties by complementing the provisions of the Agreement on the European Economic Area 
applicable to satellite navigation. 

ARTICLE 2 

Definitions 

For the purposes of this Agreement: 

“European  Global  navigation  satellite  systems  (GNSS)"  include  the  GALILEO  system  and 
the European Geostationary Navigation Overlay System (EGNOS). 

"Augmentation" means regional mechanisms such as the European Geostationary Navigation 
Overlay  System  (EGNOS).  These  mechanisms  enable  users  of  GNSS  to  obtain  enhanced 

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performance, such as increased accuracy, availability, integrity, and reliability. 

"GALILEO"  means  an  autonomous  civil  European  global  satellite  navigation  and  timing 
system under civil control, for the provision of GNSS services designed and developed by the 
Community  and  its  Member  States.  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 (PRS) with restricted access to meet the needs 
of authorised public sector users. 

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

"Classified  information"  means  information,  in  any  form,  that  requires  protection  against 
unauthorised 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 by the Parties in accordance with 
applicable  laws  and  regulations  and  must  be  protected  against  any  loss  of  confidentiality, 
integrity and availability.  

ARTICLE 3 

Principles of the cooperation 

(1) 

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

(a) 

(b) 

(c) 

(d) 

(e) 

The  EEA  agreement  shall  be  the  basis  for  cooperation  in  satellite  navigation 
between the Parties. 

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

Freedom to use all the Galileo and EGNOS services, including PRS, subject to 
fulfilling the conditions governing their use. 

Close  cooperation  in  GNSS  security  matters  through  the  adoption  and 
enforcement of equivalent GNSS security measures in the EU and in Norway. 

Due respect of the international obligations of the Parties in respect of ground 
facilities of European GNSS. 

(2) 

This  Agreement  shall  not  affect  the  institutional  structure  established  by  European 
Community law for the purpose of the operations of the GALILEO programme. Nor 
does  this  Agreement  affect  the  applicable  regulatory  measures  implementing  non-
proliferation  commitments  and  export  control,  controls  of  intangible  transfers  of 
technology, or national security measures.  

ARTICLE 4 

Radio spectrum  

(1) 

The Parties agree to cooperate on radio-spectrum issues concerning European satellite 
navigation systems in  the  International Telecommunication Union, taking  account of 
the "Memorandum of Understanding on the Management of ITU filings of the Galileo 
radio-navigation satellite service system" signed on 5 November 2004. 

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(2) 

In  this  context  the  Parties  shall  protect  adequate  frequency  allocations  for  European 
satellite navigation systems in order to ensure the availability of the services of these 
systems for the benefit of users. 

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

(4) 

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

ARTICLE 5 

Ground facilities of European GNSS 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Norway shall take all practicable measures to facilitate the deployment,  maintenance 
and  replacement  of  ground  facilities  of  European  GNSS  ("ground  facilities")  in  the 
territories under its jurisdiction.  

Norway shall take all practicable measures to ensure the protection and the continuous 
and  undisturbed  operation  of  ground  facilities  in  its  territories,  including,  where 
appropriate,  by  mobilising  its  law  enforcement  authorities.  Norway  shall  take  all 
means practicable to maintain the facilities free from local radio interference, hacking 
and eavesdropping attempts. 

The  contractual  relationships  regarding  the  ground  facilities  will  be  agreed  upon 
between the EC and the holder of the property rights. The Norwegian authorities will 
fully respect the special status of the ground facilities and seek prior agreement with 
the EC, whenever possible, before any action concerning ground facilities are taken. 

Norway  shall  allow  continuous  and  unhindered  access  to  the  ground  facilities  to  all 
persons  designated  or  otherwise  authorized  by  the  European  Community.  For  this 
purpose,  Norway  shall  establish  a  contact  point  that  shall  receive  information  on 
persons travelling to the ground facilities and otherwise facilitate the movements and 
operations of such persons in practice. 

The  archives  and  equipment  of  the  ground  facilities  and  documents  in  transit, 
whatever their form, under official seal or marking shall not be subject to inspections 
by customs or police. 

In  the  case  of  a  threat  or  compromise  against  the  security  of  ground  facilities  or  its 
operations,  Norway  and  the  European  Commission  shall  without  delay  inform  each 
other of the event and steps to remedy the situation. The European Commission may 
designate  another  trusted  entity  to  act  as  the  contact  point  with  Norway  for  such 
information. 

The  Parties  will  establish  more  detailed  procedures  concerning  the  issues  in 
paragraphs 1 to 6 above in a separate arrangement. Such procedures should cover inter 
alia clarifications concerning inspections, duties of the contact points, requirements for 
couriers  and  on  measures  against  local  radio  frequency  interference  and  hostile 
attempts. 

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ARTICLE 6 

Security 

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(1) 

(2) 

The Parties are convinced of the need to protect Global Navigation Satellite Systems 
against threats such as misuse, interference, disruption and hostile acts. Consequently, 
the  Parties  shall  take  all  practicable  steps;  including  where  appropriate  separate 
agreements,  to  ensure  the  continuity,  safety  and  security  of  the  satellite  navigation 
services and the related infrastructure and critical assets in their territories. 
The  European  Commission  intends  to  develop  measures  to  protect,  control  and 
manage  sensitive  assets,  information  and  technologies  of  the  European  GNSS 
Programmes against such threats and undesired proliferation. 

In  this  context  Norway  confirms  its  intention  to  timely  adopt  and  enforce  within  its 
jurisdiction  measures  providing  an  equivalent  degree  of  security  and  safety  as  those 
applicable in the European Union. 
In  recognition  of  this,  the  Parties  will  address  GNSS  security  issues  including 
accreditation  in  the  relevant  committees  of  the  governance  structure  of  European 
GNSS.  The  practical  arrangements  and  procedures  are  to  be  defined  in  the  rules  of 
procedures of the relevant committees taking also into account the framework of the 
EEA Agreement.  

(3) 

Should an event occur where such an equivalent degree of security and safety cannot 
be  achieved  the  Parties  shall  hold  consultations  with  a  view  to  remedy  the  situation. 
Where  appropriate,  the  scope  of  cooperation  in  this  sector  could  be  adjusted 
accordingly.  

(1) 

(2) 

(3) 

(1) 

(2) 

ARTICLE 7 

Exchanges of classified information 

Exchange and protection of EU classified information shall be in accordance with the 
"Agreement between Norway and the European Union on Security Procedures for the 
Exchange of Classified  Information"  (hereinafter  Security Agreement) as  well as  the 
Implementing Arrangements of the Security Agreement.  

Norway may exchange classified information with national classification marking on 
Galileo  with  those  Member  States  of  the  EU  with  which  it  has  concluded  bilateral 
agreements to that effect. 

The  Parties  shall  seek  to  establish  a  comprehensive  and  coherent  legal  framework 
allowing exchanges between all the Parties to this Agreement of classified information 
concerning the Galileo programme.  

ARTICLE 8 

Export control 

In  order  to  ensure  the  application  of  a  uniform  policy  of  export  controls  and  non-
proliferation concerning Galileo between the Parties, Norway confirms its intention to 
timely  adopt  and  enforce  within  its  jurisdiction  measures  providing  an  equivalent 
degree of export control and non proliferation of Galileo technologies data and items 
as those applicable in the Community and its Member States. 

Should  an  event  occur  where  such  an  equivalent  degree  of  export  control  and  non 
proliferation  cannot  be  achieved  the  Parties  shall  hold  consultations  with  a  view  to 
remedy the situation. Where appropriate, the scope of cooperation in this sector could 
be adjusted accordingly. 

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ARTICLE 9 

Public Regulated Service  

Norway  has  expressed  its  interest  in  the  Galileo  Public  Regulated  Service  considering  it  an 
important element of its participation in the European GNSS Programs. The Parties agree to 
address this issue once the policies and operational arrangements governing access to the PRS 
have been defined. 

ARTICLE 10 

International Cooperation 

(1) 

(2) 

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

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 Telecommunications Union.  

ARTICLE 11 

Consultation and dispute resolution 

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

ARTICLE 12 

Entry into force and termination 

(1) 

(2) 

(3) 

(4) 

(5) 

This  Agreement  shall  enter  into  force  the  first  day  of  the  month  following  that  in 
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 expiration or termination of this agreement shall not affect the validity or duration 
of  any  arrangements  made  under  it  or  any  specific  rights  and  obligations  that  have 
accrued 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 on the date after the last diplomatic note informing 
the  other  Party  that  their  respective  internal  procedures  necessary  for  its  entry  into 
force have been completed. 

Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement 
from the first day of the month following the date on which the Parties have notified 
each other of the completion of the procedures necessary for this purpose. 

Either  Party  may,  by  giving  six  months  notice  to  the  other  in  writing,  terminate  this 
Agreement. 

This  Agreement  is  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 

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Polish,  Portuguese,  Romanian,  Slovakian,  Slovenian,  Spanish,  Swedish  and  Norwegian 
languages, all texts being equally authentic. 

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