COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision 541/2014/EU
Date: 2021-04-21
Institutions: Directorate-General for Defence Industry and Space, European Commission
Subjects: EU office or agency, EU programme, European Space Agency, extra-atmospheric space, satellite communications, satellite navigation, space policy, space technology, use of outer space

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   EUROPEAN COMMISSION  Brussels, 21.4.2021  COM(2021) 208 final 2018/0236 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision 541/2014/EU (Text with EEA relevance)  
 
2018/0236 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council establishing the Union Space Programme and the European Union 
Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 
1285/2013 and (EU) No 377/2014 and Decision 541/2014/EU 

(Text with EEA relevance) 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM(2018)447 final-2018/ 0236 COD): 

6 June 2018  

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

17 October 2018 

Date of the opinion of the Committee of the Regions:  

6 December 2018 

Date  of  the  partial  provisional  compromise  agreement  (Common 
Understanding) endorsed by Coreper: 

13 March 2019 

Date  of  the  position  of  the  European  Parliament,  first  reading 
(incorporating the common understanding): 

17 April 2019 

Date of political agreement endorsement by COREPER: 

18 December 2020  

Date    the  ITRE  Committee  of  the  European  Parliament  voted  to 
endorse the compromise agreement  

14 January 2021 

Date of adoption of the position of the Council: 

19 April 2021 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  new  Space  Programme,  for  the  first  time,  encompasses  all  EU  space  activities  in  one 
single Regulation, namely the existing flagships initiatives Copernicus, Galileo and EGNOS 
and  new  initiatives  on  satellite  communication  (GOVSATCOM)  and  space  situational 
awareness  (SSA).  The  Regulation  simplifies  and  streamlines  the  governance  and  capitalises 
on synergies and horizontal activities.  

In  addition,  the  EU  Space  Programme  Regulation  puts  great  emphasis  on  the  downstream 
sector,  the  users  and  market  uptake  and  the  exploitation  of  the  huge  potential  of  space  data 
and services to develop value-adding applications and services. Moreover, the space data and 
services provided under the Space Programme will support policymaking for a green and the 

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digital transitions, as well as other EU policies. The Space Programme further promotes the 
entrepreneurship in the space ecosystem and the competitiveness of the space sector, through 
the entire value chain, encouraging new entrants, small and medium enterprises and start-ups and 
their cross border participation. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The adoption of the Council first reading position should now allow the final adoption of the 
Regulation.  It  is  important  that  the  new  Space  Programme  together  with  the  renamed  EU 
Agency for the Space Programme (EUSPA) are implemented as soon as possible to ensure the 
continuity of the existing operational services. EUSPA replaces and expands on the European 
Agency  for  Global  Navigation  Satellite  Systems  (GSA)  and,  under  the  Commission’s 
authority,  will  guarantee  continuity  of  services  and  ensure  security  of  infrastructure  and 
systems. The entry into force of the Regulation is also a prerequisite for the conclusion of the 
Financial  Framework  Partnership  Agreement  (FFPA)  with  EUSPA  and  the  European  Space 
Agency (ESA), as  well as other indirect  management instruments  with  other entities for the 
implementation of the Programme. 

Concerning  the  remaining  open  issues  after  the  partial  Common  Understanding  reached  in 
February 2019, the Council position preserves the Commission proposal in all open horizontal 
points,  notably  on  international  cooperation,  budget  flexibility  and  duration  of  the 
programme, and it ensures the long-term service continuity of EU space programmes, notably 
Galileo and Copernicus. 

The  position  of  the  Council  reflects  the  political  agreement  reached  between  the  European 
Parliament and the Council on 15 December 2020 and supported by the Commission: 

– 

– 

– 

– 

On the governance of the Programme, the Regulation’s objective is to simplify and 
streamline  the  existing  EU  legal  framework  on  space  policy  and  the  rules  for  the 
governance of the EU Space Programme. Tasks are distributed between the various 
actors, namely the Commission, EUSPA and ESA, in particular via the conclusion of 
a  FFPA.  As  reflected  in  the  political  agreement  reached  with  the  European 
Parliament,  the  Council  position  emphasises  the  transparency  towards  the  co-
legislators  with  respect  to  the  FFPA,  contribution  agreements  and  the  Work 
Programmes. 

On the duration, while contrary to the Commission’s proposal, it is now aligned with 
the  duration  of  the  Multiannual  Financial  Framework  (MFF)  2021-2027,  the 
Regulation  clarifies  that  the  European  Space  Programme  Agency  (EUSPA)  is 
excluded  from  this  time  limitation  and  allows  covering  operational  costs  beyond 
2027, so to ensure critical operational activities and services provisions.  

On  the  participation  of  third  countries  and  international  organisations,  the 
Commission regrets  that its initial  proposal  for an open participation to  Copernicus 
and  Galileo/EGNOS  it  is  not  fully  followed  by  the  Council’s  position.  In  fact,  the 
Council’ text requires that the participation to Galileo/EGNOS is subject to a specific 
international agreement in accordance with Article 218 TFEU for all third countries, 
with  the  exception  of  EEA  countries.  However,  the  Commission  can  accept  the 
Council position, taking into account the specificities of the Space activities in terms 
of security, including industrial security, and in a spirit of compromise.  

On  the  eligibility  and  participation  conditions  in  the  procurement,  the  Council 
position  adds  new  significant  elements  and  a  structured  and  detailed  procedure. 
Although more burdensome in terms of procedures, the text reflects the spirit of the 

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Commission’s initial proposal, as regards the need to set up  ex ante clear eligibility 
and  participation  conditions  and  the  need  to  preserve  the  security  interests  of  the 
Union, the Commission’s institutional prerogatives and the smooth functioning of the 
Programme.  

4. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

5. 

DECLARATION FROM THE COMMISSION  

The Commission has made one unilateral declaration, which can be found in the appendix. 

APPENDIX 

Declaration from the Commission 

Commission declaration on increased transparency on the implementing acts for the Financial 
Framework Partnership Agreement and Contribution agreements and on Work programmes: 

“The  Council  and  the  European  Parliament  agreed  on  a  compromise  text  of  the  European 
Space  Programme  Regulation,  which  requires  the  Commission  to  inform  them  of  the 
framework  financial  partnership  agreement  (FFPA)  and  the  contribution  agreements  to  be 
concluded and their implementation and of the work programmes. The agreed text provides 
that  the  Commission  approves  those  agreements  and  the  work  programmes  by  means  of 
implementing acts. Therefore, the Commission will fulfil its obligation to inform the European 
Parliament and the Council about the upcoming conclusion of the FFPA or of a contribution 
agreement  or  adoption  of  a  work  programme  in  compliance  with  the  provisions  on 
information on committee proceedings in Regulation (EU) No 182/2011 laying down the rules 
and  general  principles  concerning  mechanisms  for  control  by  Member  States  of  the 
Commission’s exercise of implementing powers”. 

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