Proposal for a COUNCIL DECISION on the conclusion of the Agreement on the promotion, provision and use of GALILEO and GPS satellite based navigation systems and related applications between the United States of America, of the one part, and the European Community and its Member States, of the other part
Date: 2011-03-17
Institutions: European Commission
Subjects: EU Member State, European Community, United States, cooperation agreement (EU), satellite navigation, signature of an agreement

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EUROPEAN COMMISSION 

Brussels, 17.3.2011 
COM(2011) 124 final 

2011/0054 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement on the promotion, provision and use of GALILEO 
and GPS satellite-based navigation systems and related applications between the 
United States of America, of the one part, and the European Community and its 
Member States, of the other part 

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EXPLANATORY MEMORANDUM 

The  Council,  on  the  basis  of  a  Commission  proposal  of  14  July  1999,  authorised  the 
Commission on 30 September 1999 to open negotiation with the United States of America for 
the  conclusion  of  an  agreement  concerning  the  development  of  a  Civil  Global  Navigation 
System. 

These  negotiations  have  been  successfully  completed  and  the  Council  has  authorised  the 
signature of the agreement by Decision of 22 June 2004. 

The  agreement  on  the  promotion,  provision  and  use  of  GALILEO  and  GPS  satellite-based 
navigation systems and related applications between the United States of America, of the one 
part, and the European Communities and its Member States, of the other part has been signed 
in Dromoland Castle, Ireland, on 26 June 2004 and entered provisionally in application on 1 
November 2008. 

The signatory Member States of the European Union have completed their respective internal 
procedures related to the entry into force of the agreement. 

Bulgaria and Romania are to become parties to the agreement by the conclusion of a protocol 
in accordance with Art 6(2) of the Act concerning the conditions of accession of the Republic 
of Bulgaria and Romania and the adjustments to the treaties on which the European Union is 
founded.  

The Council is requested to adopt the following proposal for a Decision on the conclusion of 
the agreement on behalf of the European Union after the approval of the European Parliament. 

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2011/0054 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement on the promotion, provision and use of GALILEO 
and GPS satellite-based navigation systems and related applications between the 
United States of America, of the one part, and the European Community and its 
Member States, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 171(3) 172 in conjunction with Article 218 (6) (a) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

The Council authorised the Commission on 30 September 1999 to open negotiations 
with the United States of America for the conclusion of an agreement concerning the 
development of a Civil Global Navigation System  

In accordance with Council decision 10257/04 of 22 June 2004 , the Agreement on the 
promotion,  provision  and  use  of  GALILEO  and  GPS  satellite  based  navigation 
systems  and  related  applications  between  the  United  States  of  America,  of  the  one 
part,  and  the  European  Community  and  its  Member  States,  of  the  other  part 
(hereinafter referred to as the "Agreement"), was signed in Dromoland Castle, Ireland, 
on  26  June  2004  and  is  provisionally  applied  since  1  November  2008,  pending  its 
entry into force. 

(3) 

The Agreement should be concluded, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Agreement  on  the  promotion,  provision  and  use  of  GALILEO  and  GPS  satellite-based 
navigation systems and related applications between the United States of America, of the one 
part,  and  the  European  Community  and  its  Member  States,  of  the  other  part,  is  hereby 
concluded on behalf of the European Union. 

1 

Opinion delivered on … (not yet published in the Official Journal). 

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The text of the Agreement is attached hereto.  

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  deposit  of  the  instrument  of  approval  provided  for  in  the 
Agreement,  in  order  to  express  the  consent  of  the  European  Union  to  be  bound  by  the 
Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels, 

For the Council 
The President 

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AGREEMENT 

ON THE PROMOTION, PROVISION AND USE OF GALILEO  

AND GPS SATELLITE-BASED NAVIGATION SYSTEMS  

AND RELATED APPLICATIONS 

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THE UNITED STATES OF AMERICA, 

of the one part, 

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, 

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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 the "Member States", and THE EUROPEAN COMMUNITY,  

of the other part, 

RECOGNISING  that  the  United  States  operates  a  satellite-based  navigation  system  known  as  the 
Global  Positioning  System,  a  dual  use  system  that  provides  precision  timing,  navigation,  and 
position location signals for civil and military purposes, 

RECOGNISING that the United States is currently providing the GPS Standard Positioning Service 
for peaceful civil, commercial,  and  scientific use on a  continuous, worldwide basis,  free of direct 
user fees, and noting that the United States intends to continue providing it, and similar future civil 
services under the same conditions, 

RECOGNISING  that  the  European  Community  is  developing  and  plans  to  operate  a  civil  global 
satellite  navigation,  timing  and  positioning  system,  GALILEO,  which  would  be  radio  frequency 
compatible with GPS and interoperable with civil GPS services at the user level, 

RECOGNISING  that  GPS  signals  are  used  worldwide  for  satellite-based  navigation  services 
including augmentations, 

RECOGNISING that civil GPS and GALILEO, if radio frequency compatible and interoperable at 
the user level, could increase the number of satellites visible from any location on the Earth and aid 
accessibility to navigation signals for civil users worldwide, 

RECOGNISING that the International Civil Aviation Organisation (ICAO) establishes international 
standards  and  recommended  practices  and  other  guidance  applicable  to  the  use  of  global 
satellite-based  navigation  systems  for  civil  aviation,  that  the  International  Maritime  Organisation 
(IMO)  establishes  international  standards  and  other  guidance  applicable  to  the  use  of  global 
International 
satellite-based  navigation  systems 
Telecommunication  Union  (ITU)  establishes  multilateral  regulations  and  procedures  applicable  to 
the operation of global radio-navigation systems, as well as to other radio communication systems, 

for  maritime  navigation,  and 

that 

the 

DESIRING to provide satellite navigation users and equipment providers with a broader range of 
services  and  capabilities,  leading  to  increased  user  applications,  while  assuring  radio  frequency 
compatibility with systems and equipment already in use, 

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DESIRING to promote open markets and to facilitate growth in trade with respect to commerce in 
global navigation and timing goods, value-added services, and augmentations, 

CONVINCED  of  the  need  to  prevent  and  protect  against  the  misuse  of  global  satellite-based 
navigation and timing services without unduly disrupting or degrading signals available for civilian 
uses, 

CONVINCED of the need to cooperate so that the benefits of this important technology are fully 
achieved for all relevant applications, 

RECOGNISING  that  consultations  are  desirable  for  the  purpose  of  avoiding  or  resolving  any 
disputes  that  may  arise  under  this  Agreement,  including  those  relating  to  the  way  in  which  the 
Parties  discharge  their  respective  responsibilities  for  the  obligations  within  their  areas  of 
competence, 

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

Objectives 

1. 
The  objective  of  this  Agreement  is  to  provide  a  framework  for  cooperation  between  the 
Parties  in  the  promotion,  provision  and  use  of  civil  GPS  and  GALILEO  navigation  and  timing 
signals and services, value-added services, augmentations, and global navigation and timing goods. 
The Parties intend to work together, both bilaterally and in multilateral fora, as provided herein, to 
promote  and  facilitate  the  use  of  these  signals,  services,  and  equipment  for  peaceful  civil, 
commercial, and scientific uses, consistent with and in furtherance of mutual security interests. This 
Agreement  is  intended  to  complement  and  facilitate  agreements  in  force,  or  which  may  be 
negotiated  in  the  future,  between  the  Parties  related  to  the  design  and  implementation  of  civil 
satellite-based navigation and timing signals and services, augmentations, or value-added services. 

2. 
Nothing in this Agreement shall supersede, modify or derogate from standards, procedures, 
rules, regulations and recommended practices adopted in ICAO, or IMO. The Parties confirm their 
intent to act in a manner consistent with these bodies' regulatory framework and processes. 

3. 
Nothing  in  this  Agreement  shall  affect  the  rights  and  obligations  of  the  Parties  under  the 
Marrakech  Agreement  Establishing  the  World  Trade  Organisation  (hereinafter  "the  WTO 
Agreements"). 

ARTICLE 2 

Definitions 

For the purposes of this Agreement, the following definitions shall apply: 

"Augmentation"  means  civil  mechanisms,  which  provide  the  users  of  satellite-based 
(a) 
navigation  and  timing  signals  with  input  information,  extra  to  that  derived  from  the  main 
constellation(s) in use, and additional range/pseudo-range inputs or corrections to, or enhancements 

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of, existing pseudo-range inputs. These mechanisms enable users to obtain enhanced performance, 
such as increased accuracy, availability, integrity, and reliability. 

(b)"Civil satellite-based navigation and timing service" means the civil satellite-based navigation or 

timing service provided by GPS or GALILEO, including secured governmental service. 

(c)"Civil satellite-based navigation and timing service provider" means any government or other 

entity that provides civil satellite-based navigation or timing service. 

"Civil  satellite-based  navigation  and  timing  signals"  means  the  civil  satellite-based 
(d) 
navigation  or  timing  signals  provided  by  GPS  or  GALILEO,  including  secured  governmental 
service signals. 

"Civil  satellite-based  navigation  and  timing  signals  provider"  means  any  government  or 

(e) 
other entity that supplies GPS and/or GALILEO signals or augmentations. 

"Classified information" means official information that requires protection in the interests 
(f) 
of national defense or foreign relations of the Parties, and is classified in accordance with applicable 
laws and regulations. 

"GALILEO"  means  an  autonomous  civil  European  global  satellite-based  navigation  and 
(g) 
timing system under civil control, developed by the European Community, its Member States, the 
European  Space  Agency  and  other  entities.  GALILEO  includes  an  open  service  and  one  or  more 
other services, such as a safety of life, commercial, and a secured governmental service, such as the 
Public Regulated Service ("PRS"), and any augmentations provided by the European Community, 
its Member States or other entities. 

"Global navigation and timing equipment" means any civil end user equipment designed to 
(h) 
transmit,  receive,  or  process  satellite-based  navigation  and  timing  signals,  to  provide  value-added 
services, or to operate with an augmentation. 

(i) 

"GNSS" means Global Navigation Satellite System. 

(j) 
"GPS" means the Global Positioning System Standard Positioning Service, an open service, 
(or future civil services) provided by the United States Government for civil use. GPS is currently 
provided by the United States in its exercise of governmental authority as it is neither supplied on a 
commercial basis nor offered in competition with one or more service suppliers. GPS includes any 
augmentation or improvements to that service provided directly by the United States Government. 

"Intellectual  property"  shall  have  the  meaning  found  in  Article  2  of  the  Convention 

(k) 
Establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967. 

(l) 
"Interoperability at the user level" is a situation whereby a combined system receiver with a 
mix  of  multiple  GPS  or  GALILEO  satellites  in  view  can  achieve  position,  navigation  and  timing 

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solutions  at  the  user  level  that  are  equivalent  to  or  better  than  the  position,  navigation  or  timing 
solutions that could be achieved by either system alone. 

"Measure"  means  any  law,  regulation,  rule,  procedure,  decision,  administrative  action  or 

(m) 
similar binding action by the Parties at the national or supranational level. 

(n) 
"Military  satellite-based  navigation  and  timing  service"  means  a  satellite-based  navigation 
and  timing  service  provided  by  a  Party  and  specifically  designed  to  meet  the  needs  of  defense 
forces. 

"Radio  frequency  compatibility"  means  the  assurance  that  one  system  will  not  cause 

(o) 
interference that unacceptably degrades the stand-alone service that the other system provides. 

(p) 
"Secured governmental service" means a secured, restricted access satellite-based navigation 
and  timing  service  provided  by  a  Party  and  specifically  designed  to  meet  the  needs  of  authorised 
governmental users. 

"Value-added 

(q) 
service  or  application,  excluding 
augmentations, that uses civil satellite-based navigation and timing signals or services in a manner 
intended to provide additional utility or benefit to the user. 

service"  means  a  downstream 

ARTICLE 3 

Scope 

Except  as  otherwise  provided  herein,  this  Agreement  pertains  to  all  measures  established  by  the 
Parties  concerning  civil  satellite-based  navigation  and  timing  signals  and  signal  providers,  civil 
satellite-based  navigation  and  timing  services  and  service  providers,  augmentations,  value-added 
services and value-added service providers, and global navigation and timing goods. 

The provision of military satellite-based navigation and timing services is outside the scope of this 
Agreement,  except  as  provided  in  Article  4  as  far  as  radiofrequency  compatibility  is  concerned, 
Article 11 and in the Annex to this Agreement. 

Secured governmental services are outside the scope of Articles 5 and 6, Article 8 paragraph 2, and 
Article 10, paragraph 3. 

ARTICLE 4 

Interoperability and Radio Frequency Compatibility 

This  Article  is  applicable  to  GPS  and  GALILEO  as  defined  and,  as  far  as  radiofrequency 

1. 
compatibility is concerned, to all satellite-based navigation and timing services. 

2. 
The  Parties  agree  that  GPS  and  GALILEO  shall  be  radio  frequency  compatible.  This 
paragraph shall not apply locally to areas of military operations. The Parties shall not unduly disrupt 
or degrade signals available for civil use. 

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3. 
The  Parties  also  agree  that  GPS  and  GALILEO  shall  be,  to  the  greatest  extent  possible, 
interoperable at the non-military user level. In order to achieve this interoperability and facilitate the 
joint use of the two systems, the Parties agree to realise their geodetic coordinate reference frames 
as  closely  as  possible  to  the  International  Terrestrial  Reference  System.  The  Parties  also  agree  to 
transmit the time offsets between GALILEO and GPS system times in the navigation messages of 
their  respective  services,  as  outlined  in  the  document  entitled  "GPS/GALILEO  Time  Offset 
Preliminary Interface Definition" referred to in the Annex. 

The Parties agree that the radio frequency compatibility and interoperability working group 
4. 
established  pursuant  to  Article  13  shall  continue  work  already  underway  with  a  view  toward 
achieving, inter alia: 

(a) radio frequency compatibility in the modernisation or evolution of either system; (The Parties 

need to assess further the radiofrequency compatibility of GALILEO and GPS III). 

(b) enhanced signal availability and reliability through complementary system architectures for the 

benefit of users worldwide. 

(c) interoperability at the non-military user level. 

To  further  ensure  radio  frequency  compatibility  and  non-military  service  interoperability, 
5. 
the Parties shall ensure that their augmentations meet the requirements of ICAO, IMO and the ITU 
to  which  such  Parties  are  bound  and  such  other  requirements  as  the  Parties  may  find  mutually 
acceptable. 

6. 
Nothing in this Agreement shall supersede, modify or derogate from standards, procedures, 
rules, regulations and recommended practices adopted in the ITU. The Parties confirm their intent 
to act in a manner consistent with this body's regulatory framework and processes. 

ARTICLE 5 

Standards, Certification, Regulatory Measures, and Mandates 

(1) The Parties agree to consult with each other before the establishment of any measures: 

establishing, directly or indirectly (such as through a regional organisation), design or performance 

standards, certification requirements, licensing requirements, technical regulations or similar 

requirements applicable to civil satellite-based navigation and timing signals or services, 

augmentations, value-added services, global navigation and timing equipment, civil satellite-based 

navigation and timing signals or service providers, or value-added service providers; or 

that have the effect, directly or indirectly, of mandating the use of any civil satellite-based 
(2) 
navigation and timing signals or services, value-added service, augmentation, or global navigation 
and timing equipment within its respective territory (unless the mandating of such use is expressly 
authorised by ICAO, or IMO). 

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ARTICLE 6 

Non-Discrimination and Trade 

1. 
The  Parties  affirm  their  non-discriminatory  approach  with  respect  to  trade  in  goods  and 
services  related  to  civil  satellite-based  navigation  and  timing  signals,  augmentations,  and 
value-added services. 

2. 
The  Parties  affirm  that  measures  with  respect  to  goods  and  services  related  to  civil 
satellite-based navigation and timing signals or services, augmentations, and value-added services 
should not be used as a disguised restriction on or an unnecessary obstacle to international trade. 

The  trade  and  civil  applications  working  group  established  pursuant  to  Article  13  shall 
3. 
consider, inter alia, non-discrimination and other trade related issues concerning civil satellite-based 
navigation  and  timing  signals  or  services,  augmentations,  value-added  services,  and  global 
navigation  and  timing  goods,  including  the  potential  for  additional  commitments  in  relevant 
bilateral or multilateral fora. 

ARTICLE 7 

Open Access to Civil Satellite-based Navigation or Timing Signals 

1. 
Except for reasons of national security, the Parties shall not restrict either use of or access to 
the positioning,  navigation  and  timing information of their respective open services by end users, 
including  for  augmentation.  This  provision  does  not  preclude  the  ability  to  make  access  to  such 
information  by  other  entities,  such  as  manufacturers  of  satellite  based  navigation  and  timing 
equipment, subject to non-discriminatory commercial arrangements. 

The Parties shall endeavour to provide signals intended for safety of life services with the 

2. 
required level of safety as recognised by competent international bodies. 

ARTICLE 8 

Open Access to Information 

Subject  to  applicable  export  controls,  the  Parties  agree  to  make  publicly  available  on  a 
1. 
non-discriminatory  basis,  sufficient  information  concerning  their  respective  unencrypted  civil 
satellite-based  navigation  and  timing  signals  and  augmentations,  to  ensure  equal  opportunity  for 
persons  who  seek  to  use  these  signals,  manufacture  equipment  to  use  these  signals,  or  provide 
value-added services which use these signals. Such information shall include, but not be limited to, 
signal  specifications,  including  elements  such  as  minimum  usage  conditions,  radio  frequency 
characteristics, and navigation message structure. 

2. 
To  the  extent  that  a  Party  provides  civil  satellite-based  navigation  and  timing  signals  or 
services,  augmentation,  or  value-added  service  for  civil  users  that  is  encrypted  or  otherwise  has 
features that allow the global navigation service provider to deny access, the Party shall, subject to 
applicable export controls, afford to the other Party's manufacturers of global navigation and timing 
equipment or augmentation or value-added services providers, on a non-discriminatory basis, access 
to  the  information  necessary  to  incorporate  such  encryption  or  other  similar  features  into  their 
equipment, through licensing of necessary information or other means at market prices. 

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ARTICLE 9 

Intellectual Property 

Nothing  in  this  Agreement  is  intended  to  affect  intellectual  property  rights  related  to  global 
satellite-based navigation and timing signals, services or goods. 

Cost Recovery for Civil Satellite-Based Navigation and Timing Signals 

ARTICLE 10 

The  Parties  shall  each  endeavour  to  provide  open  service  navigation  and  timing  signals 

1. 
without direct fees for end use or for augmentation. 

2. 
To  the  extent  that  a  Party  pursues  a  system  that  would  be  used  for  charging  fees  for 
international aviation or maritime safety of life users, it intends to do so in a manner consistent with 
ICAO and IMO. 

3. 
The Parties shall consult each other where appropriate on cost recovery policies. The Parties 
shall  encourage  practicable  steps  to  ensure  transparency  and  accountability  for  fees  incurred  in 
providing their services. 

ARTICLE 11 

National Security Compatibility and Spectrum Use 

1. 
The Parties shall work together to promote adequate frequency allocations for satellite-based 
navigation  and  timing  signals,  to  ensure  radio  frequency  compatibility  in  spectrum  use  between 
each other's signals, to make all practicable efforts to protect each other's signals from interference 
by the radio frequency emissions of other systems, and to promote harmonised use of spectrum on a 
global basis, notably at the ITU. The Parties shall cooperate with respect to identifying sources of 
interference and taking appropriate follow-on actions. 

2. 
The  Parties  intend  to  prevent  hostile  use  of  satellite-based  navigation  and  timing  services 
while  simultaneously  preserving  services  outside  areas  of  hostilities.  To  this  end,  their  respective 
satellite based navigation and timing signals shall comply with the National Security Compatibility 
criteria  set  forth  in  the  documents  entitled  "National  Security  Compatibility  Compliance  for  GPS 
and  GALILEO  Signals  in  the  1559-1610  MHz  Band,  Part  1,  Part  2  and  Part  3"  (hereinafter 
"Criteria, Assumption and Methodology Documents"), referenced in the attached Annex, using the 
methodology and assumptions contained in the Criteria, Assumption and Methodology Documents. 

3. 
The Parties agree that the signal structures specified in the Annex to this Agreement comply 
with  the  National  Security  Compatibility  criteria  set  forth  in  the  Criteria,  Assumption  and 
Methodology Documents. 

4. 
In  order  to  maintain  and  continuously  improve  the  quality  and  security  of  services,  the 
systems will need to respond effectively to unforeseen changes in technology, user needs and the 
spectrum  environment.  The  Parties  intend  to  pursue  modernisation  and  development  of  their 
respective  systems  while  maintaining  the  security  and  market  benefits  of  compatible  and 
interoperable common civil signals. 

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5. 
The  Parties  shall  inform  and  consult  one  another  on  the  implementation  of  the  baseline 
signal  structures  specified  in  the  Annex.  A  Party  shall  notify  the  other  Party  in  writing  through 
diplomatic  channels  if  it  desires  in  the  future  to  change  or  add  to  the  baseline  signal  structures 
specified and agreed to in the Annex. 

Unless a Party voices concerns on the basis of National Security Compatibility, as taken into 
6. 
account  in  the  Criteria,  Assumption  and  Methodology  Documents,  or  on  the  basis  of 
radio-frequency  compatibility,  within  a  time  period  of  three  months  after  its  receipt  of  the 
notification mentioned in paragraph 5, that Party will not oppose the adoption and implementation 
of the alternative signal structure specified in the notification. If a Party voices National Security or 
radio-frequency compatibility concerns within that time period, the Parties shall without delay enter 
into consultations to verify that the alternative signal structures comply with the National Security 
Compatibility criteria set forth in the Criteria, Assumption and Methodology Documents and with 
radio-frequency  compatibility,  using  the  respective  Assumptions  and  Methodology  documents 
referred to in the Annex for compatibility analysis. 

The Parties agree to use the common baseline modulation for the GALILEO Open Service 
7. 
and the future GPS III civil signal (Standard Positioning Service) as described in the Annex. The 
Parties shall work together without delay toward achieving optimisation of that modulation for their 
respective systems. If a Party changes or adds to its modulation for the GALILEO Open Service or 
the  future  GPS  III  civil  signal,  pursuant  to  the  process  set  forth  in  paragraphs  5  and  6,  the  other 
Party shall not be obliged to change or add to its modulation. 

The  Parties  agree  to  study  the  means  to  protect  the  secured  governmental  service  in  the 
8. 
context of national security compatibility, under the working group on security issues established in 
Article 13, paragraph (2)(d). 

ARTICLE 12 

GPS and GALILEO Search & Rescue Services 

A  global  search  and  rescue  service  is  planned  for  both  GALILEO  and  future  generations  of  GPS 
satellites.  The  Parties  agree  that  these  services  shall  be  radio  frequency  compatible  and  to  the 
greatest extent possible, interoperable at the user level. The Parties will cooperate as appropriate on 
matters related to global search and rescue services for GALILEO and future generations of GPS 
satellites at the COSPAS-SARSAT Council or at any other mutually agreeable forum. 

ARTICLE 13 

Modalities 

1. 
The Parties shall establish working groups for mutually agreed upon topics. Each working 
group will include participation, as appropriate, from the competent authorities of the Parties. Third 
party participation in working groups shall be only by mutual consent of the Parties. 

2. 

The following working groups shall be established pursuant to paragraph 1. 

(a) A working group on radio frequency compatibility and interoperability for civil satellite-based 

navigation and timing services. 

(b) A working group on trade and civil applications. 

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(c) A working group to promote cooperation on the design and development of the next generation 

of civil satellite-based navigation and timing systems. 

(d)A  working  group  on  security  issues  relating  to  GPS  and  GALILEO,  including  information 
exchange  on  possible  applications  for  secured  governmental  services,  and  including  interactions 
between  their  respective  signals.  The  group  shall  also  work  towards  defining  the  details  of  the 
notification and consultation procedure referred to in Article 11, as well as possible interfaces. 

The  Parties  may  establish  terms  of  reference  for  working  groups  established  pursuant  to 

3. 
paragraph 1, as appropriate. 

4. 
All exchanges of information, equipment, technology or other data (including that which is 
classified),  as  well  as  the  delivery  of  services,  pursuant  to  this  Agreement  shall  be  subject  to  all 
applicable  laws  and  regulations,  including  export  control  laws  and  regulations.  All  such 
information, equipment, technology or other data transferred shall be used only for the purposes of 
this  Agreement  and  shall  not  be  transferred  to,  or  used  by,  any  third  country,  firm,  person, 
organisation or government without the prior written approval of the originating party. 

5. 
Subject to applicable laws, regulations, and official governmental policies, the Parties agree 
to  handle  as  expeditiously  as  possible  license  applications  for  the  export  of  goods,  information, 
technology or other data appropriate for the development and implementation of GALILEO or GPS. 

6. 
Classified information relating to the implementation of this Agreement may be exchanged 
at working groups or otherwise only in accordance with the conditions set forth in paragraph 2 of 
the Annex to this Agreement. 

The Parties shall meet as needed, and in principle once a year, to assess the need for working 

7. 
groups, define or modify working group terms of reference, and review working group progress. 

ARTICLE 14 

Follow-up Activities 

The  Parties  intend  to  commence  discussions  of  a  follow-on  agreement  regarding  potential 
cooperation  between  their  respective  independently  funded  and  operated  civil  satellite-based 
navigation  and  timing  systems  for  the  period  following  achievement  by  GALILEO  of  initial 
operational  capability.  In  those  discussions  the  Parties  intend  to  explore  various  coordination 
options,  such  as  creating  a  high-level  interface  council  that  would  meet  once  or  twice  a  year  to 
discuss  policy  issues  and  future  system  planning,  a  small  GPS-GALILEO  secretariat  to  share 
interface data and provide day-to-day coordination, and liaison officers as mutually agreed. 

ARTICLE 15 

Activities in International Fora 

To  promote  and  implement  the  objectives  of  this  Agreement,  the  Parties  shall,  as  appropriate, 
cooperate on matters of mutual interest related to civil satellite-based navigation and timing signals 
and  systems,  value-added  services,  and  global  navigation  and  timing  goods  in  ICAO,  ITU,  IMO, 
WTO and other relevant organisations and fora. 

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ARTICLE 16 

Funding 

Each  Party  shall  bear  the  costs  of  fulfilling  its  respective  responsibilities  under  this  Agreement. 
Obligations of each Party pursuant to this Agreement are subject to the availability of appropriated 
funds. 

ARTICLE 17 

Consultation and Dispute Resolution 

Any  dispute  arising  under  or  related  to  the  terms,  interpretation  or  application  of  this 

1. 
Agreement shall be resolved by consultation. 

2. 
Representatives of the Council of the European Union and the European Commission, of the 
one  part,  and  of  the  United  States,  of  the  other  part,  shall  meet  as  needed  for  the  consultations 
foreseen in paragraph 1 and in Article 5, Article 10 paragraph 3, and Article 11 paragraphs 5 and 6. 

Nothing  in  this  Agreement  shall  affect  the  Parties'  right  to  recourse  to  dispute  settlement 

3. 
under WTO Agreements.  

ARTICLE 18 

Definition of the Parties 

For  the  purpose  of  this  Agreement,  "the  Parties"  shall  mean  the  European  Community  or  its 
Member States or the European Community and its Member States, within their respective areas of 
competence, on the one hand, and the United States, on the other. 

ARTICLE 19 

Responsibility and Liability 

The  Parties  shall  have  responsibility  for  failure  to  comply  with  obligations  under  this 

1. 
Agreement. 

2. 
If  it  is  unclear  whether  an  obligation  under  this  Agreement  is  within  the  competence  of 
either  the  European  Community  or  its  Member  States,  at  the  request  of  the  United  States,  the 
European  Community  and  its  Member  States  shall  provide  the  necessary  information.  Failure  to 
provide this information with all due expediency or the provision of contradictory information shall 
result in joint and several liability. 

ARTICLE 20 

Entry into Force and Termination 

1. 
This Agreement shall enter into force on the date on which the European Community and its 
Member  States  and  the  United  States  inform  the  Depository  through  diplomatic  notes  that  their 
respective internal procedures necessary for its entry into force have been completed. 

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This  Agreement  shall  be  subject  to  accession  by  States  that  become  Members  of  the 

2. 
European Union after the date it is signed by the Parties. 

3. 
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. 

4. 

The European Community shall serve as the Depository for this Agreement. 

This Agreement shall remain in force for ten years. At least three months before the end of 
5. 
the initial 10-year period, the Parties shall inform each other of their intention whether to extend the 
Agreement for a period of five years. Thereafter, it shall be extended automatically for additional 
five-year periods, unless the European Community and its Member States, on the one hand, or the 
United States, on the other, gives notice to the Depository in writing at least three months prior to 
the end of any subsequent five-year period, of its intention not to extend the Agreement. 

This Agreement may only be amended by agreement of the Parties. Any amendment to this 
6. 
Agreement shall be subject to approval by the Parties in accordance with their respective internal 
procedures. 

The Parties shall review the implementation of this Agreement in 2008 and, may consider at 

7. 
that time to amend it in accordance with the procedure in paragraph 6. 

8. 

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

Done  at  Dromoland  Castle,  Co.  Clare,  on  the  twenty-sixth  day  of  June  2004,  in  duplicate  in  the 
Danish,  Dutch,  English,  Finnish,  French,  German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish, 
Czech,  Estonian,  Hungarian,  Latvian,  Lithuanian,  Maltese,  Polish,  Slovakian  and  Slovenian 
languages. English shall be the authentic language. 

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GPS AND GALILEO SIGNAL STRUCTURES 

ANNEX 

(1) For reasons of National Security Compatibility, avoidance of unacceptable radio-frequency 

interference, and suitability of GNSS performance, the Parties agree to the baseline signal structures 

described below: 

•  The  GALILEO  secured  governmental  service  in  the  1559-1610  MHz  band  using  a 
Binary Offset Carrier (BOC) cosine phased modulation with a 15.345 MHz sub-carrier 
frequency  and  a  code  rate  of  2.5575  mega-chips  per  second  (Mcps)  centred  at 
1575.42 MHz  (cosine  phased  BOC  (15,  2.5)),  and  a  signal  power  as  specified  in  the 
document,  referred  to  below,  entitled  "Reference  Assumptions  for  GPS/GALILEO 
Compatibility Analyses." 

•  The GALILEO signal structures used for any or all other services, including the Open 
Service  (OS),  Safety-of-Life  service  (SoL),  and  Commercial  Service  (CS),  in  the 
1559-1610  MHz  band  using  a  Binary  Offset  Carrier  (BOC)  modulation  with  a 
1.023 MHz  sub-carrier  frequency  and  a  code  rate  of  1.023  mega-chips  per  second 
(Mcps)  (BOC  (1,1))  centred  at  1575.42  MHz,  and  a  signal  power  as  specified  in  the 
document,  referred  to  below,  entitled  "Reference  Assumptions  for  GPS/GALILEO 
Compatibility Analyses." 

•  The GPS signal structure in the 1559-1610 MHz band, centred at 1575.42 MHz, will be 
a Binary Phase Shift Key (BPSK) modulation with a code rate of 1.023 Mcps; a BPSK 
modulation with a code rate of 10.23 Mcps; and a BOC modulation with a 10.23 MHz 
sub-carrier frequency and a code rate of 5.115 Mcps, and a signal power as specified in 
the document, referred to below, entitled "Reference Assumptions for GPS/GALILEO 
Compatibility  Analyses."  In  the  future,  a  BOC  (1,  1)  modulation  centred  at  1575.42 
MHz will be added to this signal structure. 

(2) The classified assumptions and methodology used to determine the National Security 

Compatibility criteria, and the criteria themselves, are contained in the following documents: 

National Security Compatibility Compliance for GPS and GALILEO Signals in the 

1559-1610 MHz Band, Part 1, Part 2 and Part 3, (hereinafter, "Part 1," "Part 2," and "Part 3," 

respectively) dated 9 June 2004, including any future amendments, changes or modifications to 

these documents as mutually agreed in accordance with paragraph 6.a. of this Annex. Access to Part 

1, Part 2 and Part 3 shall be only by the United States and those Member States that are a party to a 

General Security of Military Information Agreement (hereinafter "GSOMIA") or a General Security 

of Information Agreement (hereinafter "GSOIA") with the United States, which shall apply to the 

access, maintenance, use and release of these classified documents. Should an applicable agreement 

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regarding security of information between the European Community and the United States be 

concluded in the future, it shall govern the access, maintenance, use and release of Part 1, Part 2 and 

Part 3. For the time being, representatives of the European Commission and staff members of the 

GALILEO Joint Undertaking and European Space Agency shall be granted oral and visual access to 

Part 2 for the purposes of implementation of and compliance with this Agreement, on the basis of 

an established security clearance with a Member State that has a GSOMIA or GSOIA with the 

United States, in accordance with the national security procedures and laws of the Member State, 

and with the GSOMIA or GSOIA with the United States. Representatives of the European 

Commission and staff members of the GALILEO Joint Undertaking and European Space Agency 

shall be granted access to Part 1 and Part 3 in accordance with applicable security rules. The 

classified information shall at all times be protected and handled only in facilities with an 

appropriate facility security clearance in accordance with the applicable security procedures, laws 

and the GSOMIA or GSOIA.  

(3) Assumptions for radio frequency signal compatibility analyses are contained in the following 

document: "Reference Assumptions for GPS/GALILEO Compatibility Analyses", 9 June 2004 

including any future amendments, changes or modifications to this document as mutually agreed by 

the Parties. 

(4) Methodology for radio frequency compatibility analysis is contained in the following document: 

"Models and Methodology for GPS/GALILEO Radio Frequency Compatibility Analyses", dated 18 

June 2004, including any future amendments, changes or modifications to this document as 

mutually agreed by the Parties. 

(5) The provision of the time offsets between GALILEO and GPS system time in the navigation 

messages of their respective services is outlined in the following document: "GPS/GALILEO Time 

Offset Preliminary Interface Definition" dated 20 March 2003, including any future amendments, 

changes or modifications to this document as mutually agreed by the Parties. 

(6) (a)  Notwithstanding Article 20, paragraph 6, any future amendments, changes or modifications 
to  the  documents  entitled  "National  Security  Compatibility  Compliance  for  GPS  and  GALILEO 
Signals  in  the  1559-1610  MHz  Band,  Part  1,  Part  2  and  Part  3"  shall  be  decided  by  mutual 
agreement  by  a  sub-group  of  the  working  group  established  under  Article 13,  paragraph 2 (d), 
composed  of  representatives  of  the  United  States  on  the  one  hand,  and  representatives  of  the 
European  Commission,  acting  on  behalf  of  the  European  Community,  who  have  access  to  these 
classified  documents  in  accordance  with  paragraph  2  of  this  Annex,  and  representatives  of  those 

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Member States who have access to  these classified documents  in  accordance with paragraph 2 of 
this Annex, on the other hand. These decisions shall be binding on the Parties. 

(b) 

Notwithstanding  Article  20,  paragraph  6,  any  future  amendments,  changes  or 
modification to the following documents shall be adopted by mutual agreement between appropriate 
representatives  of  the  Parties  in  the  working  group  established  under  Article 13,  paragraph 2(a), 
including the United States: "Reference Assumptions for GPS/GALILEO Compatibility Analyses"; 
"Models  and  Methodology  for  GPS/GALILEO  Radio  Frequency  Compatibility  Analyses"; 
"GPS/GALILEO  Time  Offset  Preliminary  Interface  Definition."  These  decisions  shall  be  binding 
on the Parties. 

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