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# 52011PC0051

**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 /\* COM(2011) 51 final - 2011/00330(NLE) \*/**

  

EN

|| 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

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.

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)
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.

(2)
The Agreement is subject to ratification also by
the Member States.

(3)
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.

(4)
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
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

ANNEX

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,

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",

                                                                                of
the one part, and

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

                                                                                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 programmes[1],
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),

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

(b)
            "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;

(c)
"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 be transferred to a private 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;

(d)
"Regulatory measure" means any law,
regulation, policy, rule, procedure, decision or similar administrative action
by a Party;

(e)
"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)
the EEA Agreement shall be the basis for
cooperation in satellite navigation between the Parties;

(b)
freedom to provide satellite navigation services
in the territories of the Parties;

(c)
freedom to use all the Galileo and EGNOS
services, including PRS, subject to fulfilling the conditions governing their
use;

(d)
close cooperation in GNSS security matters
through the adoption and enforcement of equivalent GNSS security measures both in
the Union and Norway;

(e)
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 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

1.
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.

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 ITU, including the ITU
Radio Regulations.

Article 5

Ground
facilities of European GNSS

1.
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.

2.
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.

3.
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.

4.
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.

5.
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.

6.
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.

7.
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

1.
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.

2.
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.

Article 7

Exchanges
of classified information

1.
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 information[3] signed on 22 November
2004, as well as the Implementing arrangements of that Agreement.

2.
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.

3.
The Parties shall seek to establish a
comprehensive and coherent legal framework allowing exchanges between them of
classified information concerning the Galileo programme.

Article 8

Export
control

1.
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.

2.
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.

Article 10

International
cooperation

1.
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.

2.
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 Civil Aviation
Organisation, the International Maritime Organisation and the ITU.

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.

Article 12

Entry
into force and termination

1.
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 for this purpose.
Notifications shall be sent to the General Secretariat of the Council which
shall be the depository of this Agreement.

2.
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.

3.
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.

4.
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.

5.
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.

[1]               OJ L 246, 20.7.2004, p. 1.

[2]               OJ L 196, 24.7.2008, p. 1.

[3]               OJ L 362, 9.12.2004, p. 29.

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