Proposal for a COUNCIL DECISION on the conclusion and provisional application of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway
Date: 2011-02-14
Institutions: European Commission
Subjects: EU Member State, European Union, Norway, cooperation agreement (EU), satellite navigation, signature of an agreement

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EUROPEAN COMMISSION 

Brussels, 14.2.2011 
COM(2011) 51 final 

2011/0033 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

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EXPLANATORY MEMORANDUM 

Norway  is  our  closest  non-EU  cooperation  partner  in  the  European  GNSS  systems  Galileo 
and EGNOS. 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  formalises  together  with  the  Joint  EEA-EU  Committee  Decision  94/2009, 
which  incorporates  Regulations  683/2008  and  1321/2004  (as  amended)  into  the  EEA 
Agreement, the cooperation between Norway and the European Union in the field of satellite 
navigation.  

The Agreement establishes the general cooperation principles and the rights and obligations 
of  Norway  in  those  areas  –  particularly  in  security  -  that  are  not  covered  by  the  existing 
Galileo acquis, i.e. the above mentioned decision 94/2009. 

The Agreement is necessary because Norway will host two important ground installations that 
will  contribute  to  the  proper  functioning  of  the  system.  In  this  context  Norway  gives  a 
political  commitment  to  subscribe  to  future  Union  policy  regarding  the  protection  of 
European GNSS Systems. 

The  Agreement  has  been  negotiated  on  the  basis  of  negotiation  directives  adopted  by  the 
Council on 8 July 2005. The Agreement was signed on 22 September 2010.  

This Agreement complements the Joint EEA-EU Committee Decision 94/2009 by 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  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). Duplication between the two instruments has been avoided. 

In view of the signature of the agreement an inter service consultation took place (CISNet - 
deadline  29/06/2009  -  consultation  TREN-54986)  and  comments  from  the  services  were 
incorporated. 

It led to the Commission Proposal for Council Decision for signature COM/2009/453. 

The agreement was signed on 22 September 2010. 

It must now be concluded.  

Proposal 

The Commission proposes to the Council, on the basis of Articles 171 and 172, in conjunction 
with Article 218(8) of the Treaty on the Functioning of the European Union, to authorise the 
conclusion  and  the  provisional  application  of  the  Cooperation  Agreement  on  Satellite 
Navigation between the European Union and its Member States and the Kingdom of Norway. 

The  Commission  is  invited  to  adopt  this  proposal  and  to  transmit  it  to  the  Council.

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2011/0033 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 172, in conjunction with Article 218(8) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Commission  has  negotiated  the  Cooperation  Agreement  on  Satellite  Navigation 
with the Kingdom of Norway (hereinafter referred to as "the Agreement") which was 
signed on 22 September 2010. 

The Agreement is subject to ratification also by the Member States. 

In  accordance  with  Article  12(4)  thereof,  the  Agreement  should  be  applied  on  a 
provisional  basis  by  the  European  Union,  as  regards  elements  falling  within  its 
competence, and by the Kingdom of Norway, pending its entry into force. 

The  Agreement  has  been  signed  on  behalf  of  the  European  Union  and  should  be 
applied on a provisional basis as set out in this decision, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Cooperation  Agreement  on  Satellite  Navigation  between  the  European  Union  and  its 
Member States and the Kingdom of Norway is hereby approved on behalf of the Union. 

The text of the Agreement is attached to this Decision. 

Article 2 

In  accordance  with  Article  12(4)  of  the  Agreement,  as  regards  elements  falling  within  the 
competence of the Union, the Agreement shall be applied on a provisional basis, pending its 
entry  into  force.  The  Commission  shall  publish  a  notice  in  the  Official  Journal  of  the 

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European  Union  providing  information  on  the  date  of  provisional  application  of  the 
Agreement. 

Article 3 

This decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

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COOPERATION AGREEMENT 

ON SATELLITE NAVIGATION BETWEEN THE EUROPEAN UNION 

AND ITS MEMBER STATES AND THE KINGDOM OF NORWAY 

THE EUROPEAN UNION, hereinafter also referred to as the "Union", 

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, 

MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

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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, 

the Contracting  parties to the Treaty on the Functioning of the  European Union, hereinafter 
referred to as "Member States",  

THE KINGDOM OF NORWAY, hereinafter referred to as "Norway", 

of the one part, and 

of the other part, 

the  European  Union,  the  Member  States  and  Norway  hereinafter  jointly  referred  to  as  "the 
Parties", 

RECOGNISING Norway's close participation in the Galileo and EGNOS programmes since 
the definition phases of those 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 programmes1, 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)2, 

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  the  public  regulated 
service (PRS), 

1 
2 

OJ L 246, 20.7.2004, p. 1. 
OJ L 196, 24.7.2008, p. 1. 

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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 (hereinafter referred to as 
"the EEA Agreement") as an appropriate legal and institutional basis to develop cooperation 
between the European Union and Norway in satellite navigation, 

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

HAVE AGREED AS FOLLOWS: 

Article 1 

Objective of the Agreement 

The  main  objective  of  this  Agreement  is  to  further  strengthen  the  cooperation  between  the 
Parties  by  complementing  the  provisions  of  the  EEA  Agreement  applicable  to  satellite 
navigation. 

Article 2 

Definitions 

For the purposes of this Agreement: 

(a) 

(b) 

(c) 

(d) 

(e) 

 "European  Global  navigation  satellite  systems  (GNSS)"  include  the  Galileo 
system and the European Geostationary Navigation Overlay System (EGNOS); 

 "Augmentation"  means  regional  mechanisms  such  as  EGNOS.  Those 
mechanisms  enable  users  of  GNSS  to  obtain  enhanced  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 Union and its Member States. The operation of Galileo 
may 
party. 
Galileo  envisages  open,  commercial,  safety-of-life  and  search  and  rescue 
services in addition to a secured PRS with restricted access to meet the needs 
of authorised public sector users; 

transferred 

private 

be 

to 

a 

"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 

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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  both  in  the  Union  and 
Norway; 

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

This  Agreement  shall  not  affect  the  institutional  structure  established  by  European 
Union 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 

The  Parties  agree  to  cooperate  on  radio-spectrum  issues  concerning  European 
satellite  navigation  systems  in  the  International  Telecommunication  Union  (ITU), 
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. 

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. 

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. 

2. 

1. 

2. 

3. 

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4. 

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

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 5 

Ground facilities of European GNSS 

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 European  Commission  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 European Commission, whenever possible, before any 
action concerning ground facilities is taken. 

Norway shall allow continuous and unhindered access to the ground facilities to all 
persons designated or otherwise authorized by the European Union. 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 their 
operation, 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 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. 

Article 6 

Security 

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1. 

2. 

3. 

1. 

2. 

3. 

threats  such  as  misuse, 

The Parties are convinced of the need to protect Global Navigation Satellite Systems 
interference,  disruption  and  hostile  acts. 
against 
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 

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 
Union. 
applicable 
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. 

European 

the 

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. 

Article 7 

Exchanges of classified information 

Exchange  and  protection  of  Union’s  classified  information  shall  be  in  accordance 
with  the  Agreement  between  the  Kingdom  of  Norway  and  the  European  Union  on 
security  procedures  for  the  exchange  of  classified  information3  signed  on  22 
November 2004, as well as the Implementing arrangements of that Agreement. 

Norway may exchange classified information with national classification marking on 
Galileo with those Member States 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  them  of  classified  information  concerning  the  Galileo 
programme. 

3 

OJ L 362, 9.12.2004, p. 29. 

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Article 8 

Export control 

1. 

2. 

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  a  non-proliferation  of  Galileo  technologies,  data  and 
items as those applicable in the Union and its Member States. 

Should  an  event  occur  where  such  an  equivalent  degree  of  export  control  and  a 
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. 

Article 9 

Public regulated service 

Norway has expressed its interest in the Galileo PRS, 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. 

1. 

2. 

Article 10 

International cooperation 

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, in order 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  Maritime 
Organisation and the ITU. 

International  Civil  Aviation  Organisation, 

the 

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 through consultation between 
the Parties. 

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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  each  other  of  the  completion  of  the  procedures 
necessary 
purpose. 
Notifications  shall  be  sent  to  the  General  Secretariat  of  the  Council  which  shall  be 
the depository of this Agreement. 

this 

for 

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  of  receiving  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, Norway and the European Union, as regards elements 
falling within its competence, agree to apply provisionally this Agreement from the 
first day of the month following the date on which they 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, 
Polish,  Portuguese,  Romanian,  Slovakian,  Slovenian,  Spanish,  Swedish  and  Norwegian 
languages, all texts being equally authentic. 

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