Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

**THE EUROPEAN PARLIAMENT** **THE COUNCIL**

**Brussels, 28 April 2021**
**(OR. en)**

**2018/0236(COD)**
**LEX 2080**

**PE-CONS 21/21**

**ESPACE 33** **MI 256**

**RECH 158** **ENER 125**

**COMPET 258** **EMPL 155**

**IND 89** **CSC 149**

**EU-GNSS 12** **CSCGNSS 3**

**TRANS 217** **CSDP/PSDC 187**

**AVIATION 88** **CFSP/PESC 386**

**MAR 63** **CADREFIN 176**

**TELECOM 148** **CODEC 538**

**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 No 541/2014/EU**

PE-CONS 21/21

# **EN**

**REGULATION (EU) 2021/…**

**OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**of 28 April 2021**

**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 No 541/2014/EU**

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 189(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure **[1]**,

**1** Position of the European Parliament of 17 April 2019 (not yet published in the Official
Journal) and position of the Council at first reading of 19 April 2021 (not yet published in
the Official Journal). Position of the European Parliament of … (not yet published in the
Official Journal).

PE-CONS 21/21 1

# **EN**

Whereas:

(1) Space technology, data and services have become indispensable in the daily lives of

Europeans and play an essential role in preserving many strategic interests. The Union’s

space industry is already one of the most competitive in the world. However, the

emergence of new players and the development of new technologies are revolutionising

traditional industrial models. Therefore, for the Union to remain a leading international

player with extensive freedom of action in the space domain, it is crucial that it encourages

scientific and technical progress and supports the competitiveness and innovation capacity

of space sector industries within the Union, in particular small and medium-sized

enterprises (SMEs), start-ups and innovative businesses.

(2) The possibilities that space offers for the security of the Union and its Member States

should be exploited, as referred to in particular in the Global Strategy for the

European Union’s Foreign and Security Policy of June 2016, while retaining the civil

nature of the Union Space Programme (‘the Programme’) and respecting the possible

neutrality or non-alignment provisions stipulated in the constitutional law of

Member States. Historically, the space sector’s development has been linked to security. In

many cases, the equipment, components and instruments used in the space sector, as well

as space data and services, are dual-use. However, the Union’s security and defence policy

is determined within the framework of the Common Foreign and Security Policy, in

accordance with Title V of the Treaty on European Union (TEU).

PE-CONS 21/21 2

# **EN**

(3) The Union has been developing its own space initiatives and programmes since the end of

the 1990s, namely the European Geostationary Navigation Overlay Service (EGNOS) and

then Galileo and Copernicus, which respond to the needs of Union citizens and the

requirements of public policies. The continuity of those initiatives and programmes should

be ensured and the services they provide should be improved, so that they meet the new

needs of users, remain at the forefront in view of new technology development and the

transformations in the digital and information and communications technology domains,

and are able to meet political priorities such as climate change, including monitoring

changes in the polar region, transport, security and defence.

(4) It is necessary to exploit synergies between the transport, space and digital sectors in order

to foster the broader use of new technologies, such as e-call, digital tachograph, traffic

supervision and management, autonomous driving and unmanned vehicles and drones, and

to respond to the need of secure and seamless connectivity, robust positioning, inter

modality and interoperability. Such exploitation of synergies would enhance the

competitiveness of transport services and industry.

(5) To reap the maximum benefits of the Programme, in all Member States and by all their

citizens, it is also essential to promote the use and the uptake of the data, information and

services provided, as well as to support the development of downstream applications based

on those data, information and services. To that end, the Member States, the Commission

and the entities responsible could, in particular, periodically run information campaigns

regarding the benefits of the Programme.

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# **EN**

(6) To achieve the objectives of freedom of action, independence and security, it is essential

that the Union benefits from an autonomous access to space and is able to use it safely. It is

therefore essential that the Union supports autonomous, reliable and cost-effective access

to space, especially as regards critical infrastructure and technology, public security and

the security of the Union and its Member States. The Commission should therefore have

the possibility to aggregate launch services at European level, both for its own needs and,

at their request, for those of other entities, including Member States, in accordance with

Article 189(2) of the Treaty on the Functioning of the European Union (TFEU). To remain

competitive in a rapidly evolving market, it is also crucial that the Union continues to have

access to modern, efficient and flexible launch infrastructure facilities and benefits from

appropriate launch systems. Therefore, without prejudice to measures taken by

Member States or the European Space Agency (ESA), it should be possible for the

Programme to support adaptations to the space ground infrastructure, including new

developments, which are necessary for the implementation of the Programme and

adaptations, including technology development, to space launch systems which are

necessary for launching satellites, including alternative technologies and innovative

systems, for the implementation of the Programme’s components. Those activities should

be implemented in accordance with Regulation (EU, Euratom) 2018/1046 of the

European Parliament and of the Council **[1]** (the ‘Financial Regulation’), and with a view to

achieving better cost-efficiency for the Programme. Since there will be no dedicated

budget, the actions in support of access to space should be without prejudice to the

implementation of the Programme’s components.

**1** Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of
18 July 2018 on the financial rules applicable to the general budget of the Union, amending
Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013,
(EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014,
(EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom)
No 966/2012 (OJ L 193, 30.7.2018, p. 1).

PE-CONS 21/21 4

# **EN**

(7) To strengthen the competitiveness of the Union space industry and increase capacity in

designing, building and operating its own systems, the Union should support the creation,

growth, and development of the entire space industry. The emergence of a business- and

innovation-friendly model should be supported at European, regional and national levels

by initiatives such as space hubs that bring together the space, digital and other sectors, as

well as users. Those space hubs should aim to foster entrepreneurship and skills while

pursuing synergies with the digital innovation hubs. The Union should foster the creation

and expansion of Union-based space companies to help them succeed, including by

supporting them in accessing risk finance in view of the lack of appropriate access within

the Union to private equity for space start-ups and by fostering demand, known as the first

contract approach.

(8) The space value chain is generally segmented between upstream activities and downstream

activities. Upstream activities comprise those leading to an operational space system,

including development, manufacturing and launch activities and the operations of such a

system. Downstream activities comprise those covering the provision of space-related

services, and products to users. Digital platforms are also an important element supporting

the development of the space sector. They allow access to data and products as well as

toolboxes, storage and computing facilities.

(9) In the area of space, the Union exercises its competences in accordance with Article 4(3)

TFEU. The Commission should ensure the coherence of activities performed in the context

of the Programme.

PE-CONS 21/21 5

# **EN**

(10) Whilst a number of Member States have a tradition of active space-related industries, the

need to develop and mature space industries in Member States with emerging capabilities

and the need to respond to the challenges faced by the traditional space industries posed by

New Space should be recognised. Actions to develop space industry capacity across the

Union and facilitate collaboration across space industry active in all Member States should

be promoted.

(11) Actions under the Programme should build on and benefit from national and European

capacities, which exist at the time the action is being carried out.

(12) Owing to the Programme’s coverage and its potential to help resolve global challenges,

space activities have a strong international dimension. In close coordination with the

Member States, and with their agreement, the relevant bodies of the Programme might

participate in matters pertaining to the Programme, in international cooperation and to

collaborate in relevant sectoral bodies of the United Nations (UN). For matters relating to

the Programme, the Commission might coordinate, on behalf of the Union and in its field

of competence, the activities on the international scene, in particular to defend the interests

of the Union and its Member States in international fora, including in the area of

frequencies as regards the Programme, without prejudice to Member States’ competence in

that area. It is particularly important for the Union, represented by the Commission, to

collaborate in the bodies of the International Cospas-Sarsat Programme.

PE-CONS 21/21 6

# **EN**

(13) International cooperation is paramount in promoting the role of the Union as a global actor

in the space sector and the Union’s technology and industry, fostering fair competition at

international level, bearing in mind the need to ensure the reciprocity of the rights and

obligations of the parties, and to encourage cooperation in the field of training.

International cooperation is a key element of the Space Strategy for Europe, as set out by

the Commission in its Communication of 26 October 2016. The Commission should use

the Programme to contribute to and benefit from international efforts through initiatives, to

promote European technology and industry internationally, for example bi-lateral

dialogues, industry workshops and support for SME internationalisation, and to facilitate

access to international markets and foster fair competition, also leveraging economic

diplomacy initiatives. European space diplomacy initiatives should be in full coherence

and complementarity with the existing Union policies, priorities and instruments, while the

Union has a key role to play, together with Member States, in remaining at the forefront of

the international scene.

(14) Without prejudice to the competence of Member States, the Commission should promote,

alongside the High Representative of the Union for Foreign Affairs and Security Policy

(‘the High Representative’) and in close coordination with Member States, responsible

behaviour in space when implementing the Programme including reducing space debris

proliferation. The Commission should also explore the possibility of the Union’s

acceptance of the rights and obligations provided for in the relevant UN Treaties and

Conventions and make, if necessary, appropriate proposals.

PE-CONS 21/21 7

# **EN**

(15) The Programme shares similar objectives with other Union programmes, particularly
Horizon Europe established by Regulation (EU) 2021/... of the European Parliament and of
the Council **[1]** [], the InvestEU Programme established by Regulation (EU) 2021/523 of the
European Parliament and of the Council **[2]**, the European Defence Fund established by
Regulation (EU) 2021/... of the European Parliament and of the Council **[3]** [] and Funds
under a Regulation laying down common provisions on the European Regional
Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition
Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for
those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and
the Instrument for Financial Support for Border Management and Visa Policy (the
‘Common Provisions Regulation’). Therefore, cumulative funding from those programmes
should be provided for, provided that they do not cover the same cost items, in particular
through arrangements for complementary funding from Union programmes where
management modalities permit - either in sequence, in an alternating way, or through the
combination of funds including for the joint funding of actions, allowing, where possible,
innovation partnerships and blending operations. During the implementation of the
Programme, the Commission should therefore promote synergies with other related Union
programmes and financial instruments, which would allow, where possible, use of access
to risk finance, innovation partnerships, and cumulative or blended funding. The
Commission should also ensure synergies and coherence between the solutions developed
under those programmes, particularly Horizon Europe, and the solutions developed under
the Programme.

**1** –
Regulation (EU) 2021/... of the European Parliament and of the Council of ... establishing Horizon Europe
the Framework Programme for Research and Innovation, laying down its rules for participation and
dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 ( (OJ L ..., ..., p. ...).
 OJ: Please insert in the text the number of the Regulation contained in document ST 7064/20
(2018/0224(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.
**2** Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the
InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021., p. 30).
**3** Regulation (EU) 2021/... of the European Parliament and of the Council of … establishing the European
Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L ..., ..., p. ...).
 OJ: Please insert in the text the number of the Regulation contained in document ST 6748/20 (2018/0254
(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.

PE-CONS 21/21 8

# **EN**

(16) In accordance with Article 191(3) of the Financial Regulation, in no circumstances are the

same costs to be financed twice by the Union budget.

(17) The policy objectives of the Programme would also be addressed as eligible areas for

financing and investment operations through financial instruments and budgetary

guarantee of the InvestEU Programme, in particular under its sustainable infrastructure and

research, innovation and digitisation policy windows. Financial support should be used to

address market failures or sub-optimal investment situations in a proportionate manner,

and actions should not duplicate or crowd out private financing or distort competition in

the internal market. Actions should have a clear European added value.

(18) Coherence and synergies between Horizon Europe and the Programme should foster a

competitive and innovative European space sector, reinforce Europe’s autonomy in

accessing and using space in a secure and safe environment and strengthen Europe’s role

as a global actor. Breakthrough solutions in Horizon Europe would be supported by data

and services made available by the Programme to the research and innovation community.

PE-CONS 21/21 9

# **EN**

(19) To maximise the socio-economic return from the Programme, it is essential to maintain

state-of-the-art systems, to upgrade them to meet evolving users’ needs and that new

developments occur in the space-enabled downstream applications sector. The Union

should support activities relating to research and technology development, or the early

phases of evolution relating to the infrastructures established under the Programme, as well

as the research and development activities relating to applications and services based on

the systems established under the programme, thereby stimulating upstream and

downstream economic activities. The appropriate instrument at Union level to finance

those research and innovation activities is Horizon Europe. However, a very specific part

of development activities should be financed from the budget allocated to the Galileo and

EGNOS components under this Regulation, in particular where such activities concern

fundamental elements such as Galileo-enabled chipsets and receivers, which would

facilitate the development of applications across different sectors of the economy. Such

financing should nevertheless not jeopardise the deployment or exploitation of the

infrastructures established under the Programme.

(20) To ensure the competitiveness of the European space industry in the future, the Programme

should support the development of advanced skills in space-related fields and support

education and training activities, promoting equal opportunities, including gender equality,

in order to realise the full potential of Union citizens in that area.

PE-CONS 21/21 10

# **EN**

(21) Infrastructure dedicated to the Programme could require additional research and

innovation, which could be supported under Horizon Europe, aiming for coherence with

activities in this domain by ESA. Synergies with Horizon Europe should ensure that the

research and innovation needs of the space sector are identified and established as part of

the strategic research and innovation planning process. Space data and services made

freely available by the Programme would be used to develop breakthrough solutions

through research and innovation, including in Horizon Europe, in support of the Union’s

policy priorities. The strategic planning process under Horizon Europe would identify

research and innovation activities that should make use of Union-owned infrastructure

such as Galileo, EGNOS and Copernicus. Research infrastructures, in particular in-situ

observing networks would constitute essential elements of the in-situ observation

infrastructure enabling the Copernicus Services.

(22) It is important that the Union own all tangible and intangible assets created or developed

through public procurement that it finances as part of the Programme. In order to ensure

full compliance with any fundamental rights relating to ownership, the necessary

arrangements should be made with any existing owners. Such ownership by the Union

should be without prejudice to the possibility for the Union, in accordance with this

Regulation and where it is deemed appropriate on the basis of a case-by-case assessment,

to make those assets available to third parties or to dispose of them.

(23) To encourage the widest possible use of the services offered by the Programme, it would

be useful to stress that data, information and services are provided without warranty,

without prejudice to obligations imposed by legally binding provisions.

PE-CONS 21/21 11

# **EN**

(24) The Commission, in performing certain of its tasks of a non-regulatory nature, should be

able to have recourse, as required and insofar as necessary, to the technical assistance of

certain external parties. Other entities involved in the public governance of the Programme

should also be able to make use of the same technical assistance in performing tasks

entrusted to them under this Regulation.

(25) This Regulation lays down a financial envelope for the entire duration of the Programme,

which is to constitute the prime reference amount, within the meaning of point 18 of the

Interinstitutional Agreement of 16 December 2020 between the European Parliament, the

Council of the European Union and the European Commission on budgetary discipline, on

cooperation in budgetary matters and on sound financial management, as well as on new

own resources, including a roadmap towards the introduction of new own resources **[1]**, for

the European Parliament and the Council during the annual budgetary procedure.

**1** OJ L 433I, 22.12.2020, p. 28.

PE-CONS 21/21 12

# **EN**

(26) Reflecting the importance of tackling climate change in accordance with the Union’s

commitments to implement the Paris Agreement adopted under the United Nations

Framework Convention on Climate Change **[1]**, and the commitment to the UN Sustainable

Development Goals, the actions under this Regulation should contribute to mainstream

climate actions and to the achievement of an overall target of at least 30 % of the Union

budget expenditure supporting climate objectives. Relevant actions should be identified

during the Programme’s preparation and implementation, and reassessed in the context of

the relevant evaluations and review processes. The European Parliament, the Council and

the Commission will cooperate on an effective, transparent and comprehensive

methodology, to be set out by the Commission, in order to assess the spending under all

multiannual financial framework programmes to biodiversity objectives, while considering

the existing overlaps between climate and biodiversity objectives.

(27) Revenue generated by the Programme’s components should accrue to the Union in order to

partially offset the investments that it has already made, and that revenue should be used to

support the achievement of the objectives of the Programme. For the same reason, it should

be possible to provide for a revenue-sharing mechanism in contracts concluded with

private sector entities.

(28) The Financial Regulation applies to the Programme. The Financial Regulation lays down

rules on the implementation of the Union budget, including the rules on grants, prizes,

procurement, indirect management, financial instruments, budgetary guarantees, financial

assistance and the reimbursement of external experts.

**1** OJ L 282, 19.10.2016, p. 4.

PE-CONS 21/21 13

# **EN**

(29) As the Programme is, in principle, financed by the Union, procurement contracts

concluded under the Programme for activities financed by the Programme should comply

with Union rules. In that context, the Union should also be responsible for defining the

objectives to be pursued as regards public procurement. The Financial Regulation provides

that, on the basis of the results of an ex ante assessment, the Commission is to be able to

rely on the systems and the procedures of the persons or entities implementing Union

funds. Specific adjustments necessary to those systems and procedures, as well as the

arrangements for the prolongation of the existing contracts, should be defined in the

corresponding financial framework partnership agreement (FFPA) or contribution

agreement.

(30) The Programme relies on complex and constantly changing technologies. The reliance on

such technologies results in uncertainty and risk for public contracts concluded under the

Programme, insofar as those contracts involve long-term commitments to equipment or

services. Specific measures concerning public contracts are therefore required in addition

to the rules laid down in the Financial Regulation. It should thus be possible to award a

contract in the form of a conditional stage-payment contract, introduce an amendment,

under certain conditions, in the context of its performance, or impose a minimum level of

subcontracting, particularly in order to enable SMEs and start-ups to participate. Finally,

given the technological uncertainties that characterise the Programme’s components,

contract prices cannot always be forecast accurately and it should therefore be possible to

conclude contracts without stipulating a firm fixed price and to include clauses to

safeguard the financial interests of the Union.

PE-CONS 21/21 14

# **EN**

(31) To foster public demand and public sector innovation, the Programme should promote the

use of its data, information and services to support the development of customised

solutions by industry and SMEs at regional and local levels through space-related

innovation partnerships, as referred to in point 7 of Annex I to the Financial Regulation,

allowing all stages, from development up to deployment and procurement of customised

interoperable space solutions for public services, to be covered.

(32) In order to meet the objectives of the Programme, it is important to be able to call, where

appropriate, on capacities offered by Union public and private entities active in the space

domain and also to be able to work at international level with third countries or

international organisations. For that reason, provision should be made for the possibility of

using all the relevant tools and management methods provided for by the TFEU and the

Financial Regulation and joint procurement procedures.

(33) On grants more specifically, experience has shown that user and market uptake and general

outreach work better in a decentralised manner than top-down by the Commission.

Vouchers, which are a form of financial support from a grant beneficiary to third parties,

have been among the actions with the highest success rate to new entrants and SMEs.

However, they have been hindered by the ceiling on financial support imposed by the

Financial Regulation. That ceiling should therefore be raised for the Programme in order to

keep pace with the growing potential of market applications in the space sector.

PE-CONS 21/21 15

# **EN**

(34) The forms of funding and the methods of implementation under this Regulation should be

chosen on the basis of their ability to achieve the specific objectives of the actions and to

deliver results, taking into account, in particular, the costs of controls, the administrative

burden, and the expected risk of non-compliance. This should include consideration of the

use of lump sums, flat rates and unit costs, as well as financing not linked to costs as

referred to in Article 125(1) of the Financial Regulation.

(35) Pursuant to Council Decision 2013/755/EU **[1]**, persons and entities established in overseas

countries or territories are eligible for funding subject to the rules and objectives of the

Programme and possible arrangements applicable to the Member State to which the

relevant overseas country or territory is linked.

(36) Horizontal financial rules adopted by the European Parliament and by the Council on the

basis of Article 322 TFEU apply to this Regulation. Those rules are laid down in the

Financial Regulation and determine in particular the procedure for establishing and

implementing the budget through grants, procurement, prizes and indirect implementation,

and provide for checks on the responsibility of financial actors. Rules adopted on the basis

of Article 322 TFEU also include a general regime of conditionality for the protection of

the Union budget.

**1** Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas
countries and territories with the European Union (‘Overseas Association Decision’)
(OJ L 344, 19.12.2013, p. 1).

PE-CONS 21/21 16

# **EN**

(37) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of
the European Parliament and of the Council **[1]** and Council Regulations (EC, Euratom)
No 2988/95 **[2]**, (Euratom, EC) No 2185/96 **[3]** and (EU) 2017/1939 **[4]**, the financial interests of
the Union are to be protected by means of proportionate measures, including measures
relating to the prevention, detection, correction and investigation of irregularities including
fraud, to the recovery of funds lost, wrongly paid or incorrectly used, and, where
appropriate, to the imposition of administrative penalties. In particular, in accordance with
Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013 the European
Anti-Fraud Office (OLAF) has the power to carry out administrative investigations,
including on-the-spot checks and inspections, with a view to establishing whether there has
been fraud, corruption or any other illegal activity affecting the financial interests of the
Union. The European Public Prosecutor’s Office (EPPO) is empowered, in accordance
with Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting
the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the
European Parliament and of the Council **[5]** .In accordance with the Financial Regulation, any
person or entity receiving Union funds is to fully cooperate in the protection of the
financial interests of the Union, grant the necessary rights and access to the Commission,
OLAF, the Court of Auditors and, in respect of those Member States participating in
enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO, and ensure that
any third parties involved in the implementation of Union funds grant equivalent rights.

**1** Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013
concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation
(EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No
1074/1999, (OJ L 248, 18.9.2013, p. 1).
**2** Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European
Communities financial interests (OJ L 312, 23.12.95, p. 1).
**3** Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to protect the European Communities’ financial interests
against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
**4** Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the
establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
**5** Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against
fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

PE-CONS 21/21 17

# **EN**

(38) Members of the European Free Trade Association (EFTA) which are members of the

European Economic Area (EEA), acceding countries, candidate countries and potential

candidates as well as the European Neighbourhood Policy countries may participate in the

Programme, with the exception of Galileo, EGNOS, GOVSATCOM and the SST

sub-component, in accordance with their respective agreements. Other third countries may

also participate in the Programme, with the exception of Galileo, EGNOS, GOVSATCOM

and the SST sub-component, on the basis of an agreement to be concluded in accordance

with Article 218 TFEU. Galileo and EGNOS should be open to the participation of the

members of EFTA which are members of the EEA, in accordance with the conditions laid

down in the Agreement on the European Economic Area **[1]** . Other third countries may

participate in Galileo and EGNOS on the basis of an agreement to be concluded in

accordance with Article 218 TFEU. GOVSATCOM should be open to any third country

only on the basis of an agreement to be concluded in accordance with Article 218 TFEU.

(39) A specific provision should be introduced in this Regulation requiring third countries to

grant the necessary rights and access required for the authorising officer responsible,

OLAF and the Court of Auditors to comprehensively exercise their respective

competences.

**1** OJ L 1, 3.1.1994, p. 3.

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# **EN**

(40) International organisations which do not have their headquarters in the Union and which

wish to access the SST services which are not publicly available should be required to

conclude an agreement in accordance with Article 218 TFEU. International organisations

which have their headquarters in the Union and are public spacecraft owners and operators

should be considered SST core users.

(41) Publicly available information for SST services should be understood to mean any

information that a user has a reasonable basis for finding lawfully accessible. Collision

avoidance, re-entry and fragmentation SST services are based on external publicly

accessible SST information which is available after a request for access. Consequently,

collision avoidance, re-entry and fragmentation SST services should be understood as

being publicly available services and should not require conclusion of an agreement in

accordance with Article 218 TFEU. Access to them should be available at the request of

the potential user.

(42) Sound public governance of the Programme requires the clear distribution of

responsibilities and tasks among the different entities involved to avoid unnecessary

overlap and reduce cost overruns and delays. All the actors of the governance should

support, in their field of competence and in accordance with their responsibilities, the

achievement of the objectives of the Programme.

PE-CONS 21/21 19

# **EN**

(43) Member States have long been active in the field of space. They have systems,

infrastructure, national agencies and bodies linked to space. They can therefore make a

major contribution to the Programme, especially its implementation. They might cooperate

with the Union to promote the Programme’s services and applications. The Commission

might be able to mobilise the means at Member States’ disposal, benefit from their

assistance and, subject to mutually agreed conditions, entrust the Member States with

non-regulatory tasks in the implementation of the Programme. Moreover, the

Member States concerned should take all necessary measures to ensure the protection of

the ground stations established on their territories. In addition, Member States and the

Commission should work together and with appropriate international bodies and regulatory

authorities to ensure that the frequencies necessary for the Programme are available and

protected at the adequate level to allow for the full development and implementation of

applications based on the services offered, in compliance with Decision No 243/2012/EU

of the European Parliament and of the Council **[1]** .

**1** Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012
establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).

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# **EN**

(44) As promoter of the Union’s general interest, it is the Commission’s responsibility to

implement the Programme, assume overall responsibility and promote its use. In order to

optimise the resources and competences of the various stakeholders, the Commission

should be able to entrust certain tasks to other entities under justifiable circumstances.

Having the overall responsibility for the Programme, the Commission should determine the

main technical and operational requirements necessary to implement systems and services

evolution. It should do so after having consulted Member States’ experts, users and other

relevant stakeholders. Finally, noting that in the area of space, in accordance with

Article 4(3) TFEU, the exercise of competence by the Union does not result in

Member States being prevented from exercising theirs, the Commission should ensure the

coherence of activities performed in the context of the Programme.

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# **EN**

(45) The mission of the European Union Agency for the Space Programme (‘the Agency’),

which replaces and succeeds the European GNSS Agency established by Regulation (EU)

No 912/2010 of the European Parliament and of the Council **[1]**, is to contribute to the

Programme, particularly as regards security accreditation as well as market and

downstream applications development. Certain tasks linked to those areas should therefore

be assigned to the Agency. In relation to security in particular, and given its experience in

this area, the Agency should be responsible for the security accreditation tasks for all the

Union actions in the space sector. Building on its positive track-record in promoting the

user and market uptake of Galileo and EGNOS, the Agency should also be entrusted with

user-uptake activities relating to the Programme’s components other than Galileo and

EGNOS, as well as downstream application development activities for all the Programme’s

components. This would allow the Agency to benefit from economies of scale and provide

an opportunity for the development of applications based on several Programme’s

components (integrated applications). However, those activities should not prejudice the

service and the user-uptake activities entrusted by the Commission to Copernicus entrusted

entities. The entrustment of downstream applications development to the Agency should

not prevent other entrusted entities from developing downstream applications.

Furthermore, the Agency should perform the tasks which the Commission confers on it by

means of one or more contribution agreements under an FFPA covering other specific

tasks associated with the Programme. When entrusting tasks to the Agency, adequate

human, administrative and financial resources should be made available.

**1** Regulation (EU) No 912/2010 of the European Parliament and of the Council of
22 September 2010 setting up the European GNSS Agency, repealing Council Regulation
(EC) No 1321/2004 on the establishment of structures for the management of the European
satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the
European Parliament and of the Council (OJ L 276, 20.10.2010, p. 11).

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# **EN**

(46) In certain duly justified circumstances, the Agency should be able to entrust specific tasks

to Member States or groups of Member States. That entrustment should be limited to

activities the Agency does not have the capacity to execute itself and should not prejudice

the governance of the Programme and the allocation of tasks as defined in this Regulation.

(47) Galileo and EGNOS are complex systems that require intensive coordination. Since they

are the Programme’s components, that coordination should be performed by a Union

institution or body. Building on the expertise developed in the past years, the Agency is the

most appropriate body to coordinate all the operational tasks relating to the exploitation of

those systems, except for the international cooperation. The Agency should therefore be

entrusted with the management of the exploitation of EGNOS and Galileo. Nevertheless,

this does not mean that the Agency should perform alone all the tasks relating to the

exploitation of those systems. It could rely on the expertise of other entities, in particular

ESA. This should include the activities on systems evolution, design and development of

parts of the ground segment and satellites which should be entrusted to ESA. The

allocation of tasks to other entities builds on the competences of such entities and should

avoid duplication of work.

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# **EN**

(48) ESA is an international organisation with extensive expertise in the space domain and

which concluded a Framework Agreement with the European Community in 2004 (‘2004

Framework Agreement’) **[1]** . It is therefore an important partner in the implementation of the

Programme, with which appropriate relations should be established. In that regard, and in

compliance with the Financial Regulation, the Commission should conclude a FFPA with

ESA and the Agency that governs all financial relations between the Commission, the

Agency and ESA, ensures their consistency and conforms to the 2004 Framework

Agreement, in particular with Articles 2 and 5 thereof. However, as ESA is not a Union

body and is not subject to Union law, it is essential that such an agreement provides that

ESA takes appropriate measures to ensure the protection of the interests of the Union and

its Member States and, as regards budget implementation, that tasks entrusted to it comply

with the decisions taken by the Commission. The agreement should also contain all the

clauses necessary to safeguard the Union’s financial interests.

(49) The functioning of the European Union Satellite Centre (SATCEN) as a European

autonomous capability providing access to information and services resulting from

exploitation of relevant space assets and collateral data was already acknowledged in the

implementation of Decision No 541/2014/EU of the European Parliament and of the

Council **[2]** .

**1** OJ L 261, 6.8.2004, p. 64.
**2** Decision No 541/2014/EU of the European Parliament and of the Council of 16 April 2014
establishing a Framework for Space Surveillance and Tracking Support (OJ L 158,
27.5.2014, p. 227).

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# **EN**

(50) To structurally embed the user representation in the governance of GOVSATCOM and to

aggregate user needs and requirements across national and civil-military boundaries, the

relevant Union entities with close user-ties, such as the European Defence Agency, the

European Border and Coast Guard Agency (Frontex), the European Maritime Safety

Agency, the European Fisheries Control Agency, the European Union Agency for Law

Enforcement Cooperation, the Military Planning and Conduct Capability/Civilian Planning

and Conduct Capability and the Emergency Response Coordination Centre may have

coordinating roles for specific user groups. At an aggregated level the Agency should

coordinate user-related aspects for the civilian user communities and may monitor

operational use, demand, conformity with requirements and evolving needs and

requirements

(51) Owing to the importance of space-related activities for the Union economy and the lives of

Union citizens, the dual-use nature of the systems and of the applications based on those

systems, achieving and maintaining a high degree of security should be a key priority for

the Programme, particularly in order to safeguard the interests of the Union and of its

Member States, including in relation to classified and other sensitive non-classified

information.

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# **EN**

(52) Without prejudice to Member States’ prerogatives in the area of national security, the

Commission and the High Representative, each within their respective area of competence,

should ensure the security of the Programme in accordance with this Regulation and,

where relevant, Council Decision (CFSP) 2021/… **[1]** [] .

(53) Given the specific expertise of the European External Action Service (EEAS) and its

regular contact with authorities of third countries and international organisations, the

EEAS may assist the Commission in performing certain of its tasks relating to the security

of the Programme in the field of external relations, in accordance with Council

Decision 2010/427/EU **[2]** .

**1** Council Decision (CFSP) 2021/… of ... on the security of systems and services deployed,
operated and used under the Union Space Programme which may affect the security of the
Union, and repealing Decision 2014/496/CFSP (OJ L …, …, p. …).
 OJ: Please insert in the text the number of the Decision contained in document ST 10108/19

and insert the number, date, title and OJ reference of that Decision in the footnote.
**2** Council Decision of 26 July 2010 establishing the organisation and functioning of the
European External Action Service (2010/427/EU) (OJ L 201, 3.8.2010, p. 30).

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# **EN**

(54) Without prejudice to the sole responsibility of the Member States in the area of national

security, as provided for in Article 4(2) TEU, and to the right of the Member States to

protect their essential security interests in accordance with Article 346 TFEU, a specific

governance of security should be established to ensure a smooth implementation of the

Programme. That governance should be based on three key principles. Firstly, it is

imperative that Member States’ extensive, unique experience in security matters be taken

into consideration to the greatest possible extent. Secondly, in order to prevent conflicts of

interest and any shortcomings in applying security rules, operational functions should be

segregated from security accreditation functions. Thirdly, the entity in charge of managing

all or part of the Programme’s components is also the best placed to manage the security of

the tasks entrusted to it. The security of the Programme would build upon the experience

gained in the implementation of Galileo, EGNOS and Copernicus over the past years.

Sound security governance also requires that roles be appropriately distributed among the

various players. As it is responsible for the Programme, the Commission, without prejudice

to Member States prerogatives in the area of national security, should determine the

general security requirements applicable to each of the Programme’s components.

(55) The cybersecurity of European space infrastructures, both ground and space, is key to

ensuring the continuity of the operations of the systems and service continuity. The need to

protect the systems and their services against cyber-attacks, including by making use of

new technologies, should therefore be duly taken into account when establishing security

requirements.

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# **EN**

(56) A security monitoring structure should be identified by the Commission when appropriate

after the risk and threat analysis. That security monitoring structure should be the entity

responding to instructions developed under the scope of Decision (CFSP) 2021/… [] . For

Galileo, that body should be the Galileo Security Monitoring Centre. With regard to the

implementation of Decision (CFSP) 2021/… [], the role of the Security Accreditation Board

should be limited to providing the Council or the High Representative with inputs linked to

the security accreditation of the system.

(57) In view of the uniqueness and complexity of the Programme and its link to security,

recognised and well-established principles should be followed for security accreditation. It

is thus indispensable that security accreditation activities be carried out on the basis of

collective responsibility for the security of the Union and its Member States, by

endeavouring to build consensus and involving all those concerned with the issue of

security, and that a procedure for permanent risk monitoring be put in place. It is also

imperative that technical security accreditation activities be entrusted to professionals who

are duly qualified in the field of accrediting complex systems and who have an adequate

level of security clearance.

 OJ: please insert in the text the number of the Decision contained in the document
ST 10108/19.

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# **EN**

(58) EU classified information (EUCI) is to be handled in accordance with the security rules as

set out in Council Decision 2013/488/EU **[1]** and Commission Decision (EU,

Euratom) 2015/444 **[2]** . In accordance with Decision 2013/488/EU, the Member States are to

respect the principles and minimum standards laid down therein, in order to ensure that an

equivalent level of protection is afforded to EUCI.

(59) To ensure the secure exchange of information, appropriate agreements should be

established to ensure the protection of EUCI provided to third countries and international

organisations in the context of the Programme.

(60) An important objective of the Programme is to ensure its security and to strengthen

strategic autonomy across key technologies and value chains, while preserving an open

economy including free and fair trade, and taking advantage of the possibilities that space

offers for the security of the Union and its Member States. In specific cases, that objective

requires the requisite conditions for eligibility and participation to be set, to ensure the

protection of the integrity, security and resilience of the operational systems of the Union.

That should not undermine the need for competitiveness and cost-effectiveness. In the

evaluation of legal entities subject to control by a third country or third country entity, the

Commission should take into account the principles and criteria provided for in Regulation

(EU) 2019/452 of the European Parliament and of the Council **[3]** .

**1** Council Decision of 23 September 2013 on the security rules for protecting EU classified
information (2013/488/EU) (OJ L 274, 15.10.2013, p. 1).
**2** Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for
protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
**3** Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019
establishing a framework for the screening of foreign direct investments into the Union
(OJ L 79I, 21.3.2019, p. 1).

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# **EN**

(61) In the context of the Programme, there is some information which, although not classified,

is to be handled in accordance with Union legal acts already in force or with national laws,

rules and regulations, including through distribution limitations.

(62) A growing number of key economic sectors, in particular transport, telecommunications,

agriculture and energy, increasingly use satellite navigation and Earth observation systems.

The Programme should exploit the synergies between those sectors, taking into

consideration the benefits that space technologies bring to those sectors, support the

development of compatible equipment and promote the development of relevant standards

and certifications. Synergies between space activities and activities linked to the security

and defence of the Union and its Member States are also increasing. Having full control of

satellite navigation should therefore guarantee the Union’s technological independence,

including in the longer term for the components of infrastructure equipment, and ensure its

strategic autonomy.

(63) The aim of Galileo is to establish and operate the first global satellite navigation and

positioning infrastructure specifically designed for civilian purposes, which can be used by

a variety of public and private actors in Europe and worldwide. Galileo functions

independently of other existing or potential systems, thus contributing amongst other

things to the strategic autonomy of the Union. The second generation of Galileo should be

progressively rolled out before 2030, initially with reduced operational capacity.

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# **EN**

(64) The aim of EGNOS is to improve the quality of open signals from existing global

navigation satellite systems, in particular those emitted by Galileo. The services provided

by EGNOS should cover, as a priority, the Member States’ territories geographically

located in Europe, including for that purpose Cyprus, the Azores, the Canary Islands and

Madeira, by the end of 2026. In the aviation domain, all those territories should benefit

from EGNOS for air navigation services for all the performance levels supported by

EGNOS. Subject to technical feasibility and, for the safety of life, on the basis of

international agreements, the geographical coverage of the services provided by EGNOS

could be extended to other regions of the world. Without prejudice to Regulation

(EU) 2018/1139 of the European Parliament and of the Council **[1]** and the necessary

monitoring of Galileo service quality for aviation purposes, it should be noted that while

the signals emitted by Galileo may effectively be used to facilitate the positioning of

aircraft, in all phases of flight, through the necessary augmentation system, including

regional, local and on-board avionics, only regional or local augmentation systems such as

EGNOS in Europe may constitute air-traffic management (ATM) services and air

navigation services (ANS). The EGNOS safety-of-life service should be provided in

compliance with applicable standards of the International Civil Aviation Organisation

(‘ICAO standards’).

**1** Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018
on common rules in the field of civil aviation and establishing a European Union Aviation
Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU)
No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the
European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and
(EC) No 216/2008 of the European Parliament and of the Council and Council Regulation
(EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).

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# **EN**

(65) It is imperative to ensure the sustainability of the Galileo and EGNOS and the continuity,

availability, accuracy, reliability and security of their services. In a changing environment

and rapidly developing market, their development should also continue and new

generations of those systems, including associated space and ground segment evolution,

should be prepared.

(66) The term ‘commercial service’ used in Regulation (EU) No 1285/2013 of the

European Parliament and of the Council **[1]** is no longer suitable in the light of the evolution

of that service. Instead, two separate services have been identified in Commission

Implementing Decision (EU) 2017/224 **[2]**, namely the high-accuracy service and the

authentication service.

**1** Regulation (EU) No 1285/2013 of the European Parliament and of the Council of
11 December 2013 on the implementation and exploitation of European satellite navigation
systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No
683/2008 of the European Parliament and of the Council (OJ L 347, 20.12.2013, p. 1).
**2** Commission Implementing Decision (EU) 2017/224 of 8 February 2017 setting out the
technical and operational specifications allowing the commercial service offered by the
system established under the Galileo programme to fulfil the function referred to in
Article 2(4)(c) of Regulation (EU) No 1285/2013 of the European Parliament and of the
Council (OJ L 34, 9.2.2017, p. 36).

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# **EN**

(67) In order to optimise the use of the services provided, the services provided by Galileo and

EGNOS should be compatible and interoperable with one another, including at user level,

and, insofar as possible, with other satellite navigation systems and with conventional

means of radio navigation where such compatibility and interoperability is laid down in an

international agreement, without prejudice to the objective of strategic autonomy of the

Union.

(68) Considering the importance for Galileo and EGNOS of their ground-based infrastructure

and the impact thereof on their security, the determination of the location of the

infrastructure should be made by the Commission. The deployment of the ground-based

infrastructure of the systems should continue to follow an open and transparent process,

which could involve the Agency where appropriate based on its field of competence.

(69) To maximise the socio-economic benefits of Galileo and EGNOS, while contributing to

Union’s strategic autonomy, particularly in sensitive sectors and in the area of safety and

security, the use of the services provided by EGNOS and Galileo in other Union policies

should be promoted also by regulatory means where that is justified and beneficial.

Measures to encourage the use of those services in all Member States are also an important

part of the process.

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# **EN**

(70) The Programme’s components should stimulate the application of digital technology in

space systems, data and service distribution, downstream development. In that context the

particular attention should be given to the initiatives and actions proposed by the

Commission in its Communications of 14 September 2016 entitled ‘Connectivity for a

Competitive Digital Single Market – Towards a European Gigabit Society’ and

‘ ’
Communication of 14 September 2016 entitled 5G for Europe: An Action Plan .

(71) Copernicus should ensure an autonomous access to environmental knowledge and key

technologies for Earth observation and geo-information services, thereby supporting the

Union to achieve independent decision-making and actions in the fields of, inter alia, the

environment, climate change, marine, maritime, agriculture and rural development,

preservation of cultural heritage, civil protection, land and infrastructure monitoring,

security, as well as the digital economy.

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# **EN**

(72) Copernicus should build on, ensure continuity with and enhance the activities and
achievements under Regulation (EU) No 377/2014 of the European Parliament and of the
Council **[1]** establishing the Union Earth observation and monitoring programme
(Copernicus) as well as Regulation (EU) No 911/2010 of the European Parliament and of
the Council **[2]** establishing the predecessor Global Monitoring for Environment and Security
(GMES) programme and the rules for implementation of its initial operations, taking into
account recent trends in research, technological advances and innovations impacting the
Earth observation domain, as well as developments in big data analytics and artificial
intelligence and related strategies and initiatives at Union level as outlined by the
Commission in its White Paper On Artificial Intelligence of 19 February 2020 entitled ‘A
European approach to excellence and trust’ and its Communication of 19 February 2020
entitled ‘A European strategy for data’. For the development of new assets, the
Commission should work closely with Member States, ESA, the European Organisation
for the Exploitation of Meteorological Satellites (EUMETSAT) and, where appropriate,
other entities owning relevant space and in-situ assets. To the greatest extent possible,
Copernicus should make use of capacities for space-based Earth observations of the
Member States, ESA, EUMETSAT, as well as other entities, including commercial
initiatives in the Union, thereby also contributing to the development of a viable
commercial space sector in Europe. Where feasible and appropriate, Copernicus should
also make use of the available in-situ and ancillary data provided mainly by the
Member States in accordance with Directive 2007/2/EC of the European Parliament and of
the Council **[3]** . The Commission should work together with the Member States and the
European Environment Agency to ensure an efficient access and use of the in-situ data sets
for Copernicus.

**1** Regulation (EU) No 377/2014 of the European Parliament and of the Council of
3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU)
No 911/2010 (OJ L 122, 24.4.2014, p. 44).
**2** Regulation (EU) No 911/2010 of the European Parliament and of the Council of
22 September 2010 on the European Earth monitoring programme (GMES) and its initial
operations (2011 to 2013)(OJ L 276, 20.10.2010, p. 1).
**3** Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007
establishing an Infrastructure for Spatial Information in the European Community
(INSPIRE) (OJ L 108, 25.4.2007, p. 1).

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# **EN**

(73) Copernicus should be implemented in accordance with the objectives of

Directive 2003/98/EC of the European Parliament and of the Council **[1]**, in particular

transparency, the creation of conditions conducive to the development of services, and

contributing to economic growth and job creation in the Union. Copernicus data and

Copernicus information should be available freely and openly.

(74) The full potential of Copernicus for the Union’s society and economy should be fully

unleashed beyond direct beneficiaries by means of an intensification of user uptake

measures, which requires further action to render the data usable by non-specialists and

thereby stimulate growth, job creation and knowledge transfers.

(75) Copernicus is a user-driven programme. Its evolution should therefore be based on the

evolving requirements of the Copernicus core users, while also recognising the emergence

of new user communities, whether public or private. Copernicus should base itself on an

analysis of options to meet evolving user needs, including those related to implementation,

and monitoring of Union policies which require the continuous, effective involvement of

users, particularly regarding the definition and validation of requirements.

**1** Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003
on the re-use of public sector information (OJ L 345, 31.12.2003, p. 90).

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# **EN**

(76) Copernicus is already operational. It is therefore important to ensure the continuity of the

infrastructure and services already in place, whilst adapting to the changing user needs,

market environment, particularly the emergence of private actors in space and

socio-political developments for which a rapid response is needed. That requires an

evolution of the functional structure of Copernicus to better reflect the shift from the first

stage of operational services to the provision of advanced and more targeted services to

new user communities and the fostering of added-value downstream markets. To that end,

its further implementation should adopt an approach following the data value chain, i.e.

data acquisition, data and information processing, distribution and exploitation, user,

market uptake and capacity building activities, while the strategic planning process under

Horizon Europe would identify research and innovation activities that should make use of

Copernicus.

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# **EN**

(77) With regard to data acquisition, the activities under Copernicus should aim at completing

and maintaining the existing space infrastructure, preparing the long-term replacement of

the satellites at the end of their lifetime, as well as initiating new missions addressing in

particular new observation systems to support meeting the challenge of global climate

change, such as anthropogenic CO 2 and other greenhouse gas emissions monitoring.

Activities under Copernicus should expand their global monitoring coverage over the polar

regions and support environmental compliance assurance, statutory environmental

monitoring and reporting and innovative environmental applications in agriculture, forest,

water and marine resources management and cultural heritage, such as for crops

monitoring, water management and enhanced fire monitoring. In doing so, Copernicus

should leverage and take maximum advantage of the investments made under the previous

funding period (2014-2020), including those made by Member States, ESA and

EUMETSAT, while exploring new operational and business models to further complement

the Copernicus capacities. Copernicus might also build on successful partnerships with

Member States to further develop its security dimension under appropriate governance

mechanisms, in order to respond to evolving user needs in the security domain.

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# **EN**

(78) As part of the data and information processing function, Copernicus should ensure the

long-term sustainability and further development of Copernicus Services, providing

information in order to satisfy public sector needs and those arising from the Union’s

international commitments, and to maximise opportunities for commercial exploitation. In

particular, Copernicus should deliver, at the European, national, local and global scale,

information on the composition of the atmosphere and air quality; information on the state

and dynamics of the oceans; information in support of land and ice monitoring supporting

the implementation of Union, national and local policies; information in support of climate

change adaptation and mitigation; geospatial information in support of emergency

management, including through prevention activities, environmental compliance

assurance, as well as civil security including support for the Union’s external action. The

Commission should identify appropriate contractual arrangements fostering the

sustainability of service provision.

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# **EN**

(79) In the implementation of the Copernicus Services, the Commission should rely on

competent entities, relevant Union agencies, groupings or consortia of national bodies, or

any relevant body potentially eligible for conclusion of a contribution agreement. In the

selection of those entities, the Commission should ensure that there is no disruption in the

operations and provision of services and that, as regards security-sensitive data, the entities

concerned have early warning and crisis monitoring capabilities within the context of the

Common Foreign and Security Policy and, in particular, of the Common Security and

Defence Policy. In accordance with Article 154(2) of the Financial Regulation, persons and

entities entrusted with the implementation of Union funds are obliged to comply with the

principle of non-discrimination towards all Member States. Compliance with that principle

should be ensured through the relevant contribution agreements relating to the provision of

the Copernicus Services.

(80) The implementation of the Copernicus Services should facilitate the public uptake of

services as users would be able to anticipate the availability and evolution of services as

well as cooperation with Member States and other parties. To that end, the Commission

and its entrusted entities providing services should engage closely with Copernicus core

users’ communities across Europe in further developing the Copernicus Services and

information portfolio to ensure that evolving public sector and policy needs are met and

thus the uptake of Earth observation data can be maximised. The Commission and

Member States should work together to develop the in-situ component of Copernicus and

to facilitate the integration of Copernicus in-situ data with space datasets for upgraded

Copernicus Services.

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# **EN**

(81) Copernicus’ free, full and open data policy has been evaluated as one of the most

successful elements of Copernicus’ implementation and has been instrumental in driving

strong demand for its data and information, establishing Copernicus as one of the largest

Earth observation data providers in the world. There is a clear need to guarantee the

long-term and secure continuity of the free, full and open data provision and access should

be safeguarded in order to realise the ambitious goals as set out in the Space Strategy for

Europe. Copernicus data is created primarily for the benefit of the Europeans, and by

making that data freely available worldwide collaboration opportunities are maximised for

Union businesses and academics and contribute to an effective European space ecosystem.

Should any limitation be placed on the access to Copernicus data and Copernicus

information, it should be in line with the Copernicus data policy as laid down in this

Regulation and in Commission Delegated Regulation (EU) No 1159/2013 **[1]** .

**1** Commission Delegated Regulation (EU) No 1159/2013 of 12 July 2013 supplementing
Regulation (EU) No 911/2010 of the European Parliament and of the Council on the
European Earth monitoring programme (GMES) by establishing registration and licensing
conditions for GMES users and defining criteria for restricting access to GMES dedicated
data and GMES service information (OJ L 309, 19.11.2013, p. 1).

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# **EN**

(82) The data and information produced in the framework of Copernicus should be made

available on a full, open and free-of-charge basis subject to appropriate conditions and

limitations, in order to promote their use and sharing, and to strengthen the European Earth

observation markets, in particular the downstream sector, thereby enabling growth and job

creation in the Union. Such provision should continue to provide data and information with

high levels of consistency, continuity, reliability, and quality. This calls for large-scale and

user-friendly access to, processing and exploitation of Copernicus data and Copernicus

information, at various timeliness levels, for which the Commission should continue to

follow an integrated approach, both at Union and Member States level, enabling also

integration with other sources of data and information. Therefore the Commission should

take the necessary measures to ensure that Copernicus data and Copernicus information is

easily and efficiently accessible and usable, particularly by promoting the Data and

Information Access Services (DIAS) within Member States and when possible fostering

interoperability between the existing European Earth observation data infrastructures to

establish synergies with those assets in order to maximise and strengthen market uptake of

Copernicus data and Copernicus information.

(83) The Commission should work with data providers to agree licensing conditions for

third-party data to facilitate their use within Copernicus, in compliance with this

Regulation and applicable third-party rights. As some Copernicus data and Copernicus

information, including high-resolution images, may have an impact on the security of the

Union or Member States, in duly justified cases, measures in order to deal with risks and

threats to the security of the Union or Member States may be adopted.

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# **EN**

(84) To promote and facilitate the use of Earth observation data and technologies by national,

regional and local authorities, SMEs, scientists and researchers, dedicated networks for

Copernicus data distribution, including national and regional bodies such as Copernicus

Relays and Copernicus Academies, should be promoted through user uptake activities. To

that end, the Commission and the Member States should strive to establish closer links

between Copernicus and Union and national policies in order to drive the demand for

commercial applications and services and enable enterprises, in particular SMEs and

start-ups, to develop applications based on Copernicus data and Copernicus information

aiming at developing a competitive Earth observation data eco-system in Europe.

(85) In the international domain, Copernicus should provide accurate and reliable information

for cooperation with third countries and international organisations, and in support of the

Union’s external and development cooperation policies. Copernicus should be considered

as a European contribution to the Global Earth Observation System of Systems, the

Committee on Earth Observation Satellites, the Conference of the Parties to the 1992

United Nations Framework Convention on Climate Change, the achievement of the UN

Sustainable Development Goals and the Sendai Framework for Disaster Risk Reduction.

The Commission should establish or maintain appropriate cooperation with relevant

sectoral UN bodies and the World Meteorological Organisation.

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(86) In the implementation of Copernicus, the Commission should rely, where appropriate, on

European international organisations with which it has already established partnerships, in

particular ESA, for the development, coordination, implementation and evolution of the

space components, access to third party data where appropriate and, when not undertaken

by other entities, the operation of dedicated missions. In addition, the Commission should

rely on EUMETSAT for the operation of dedicated missions or parts thereof and, where

appropriate, access to contributing mission data in accordance with its expertise and

mandate.

(87) In the domain of services, the Commission should benefit appropriately from the specific

capacities provided by Union agencies, such as the European Environment Agency, the

European Maritime Safety Agency, Frontex, SATCEN, as well as the intergovernmental

European Centre for Medium-Range Weather Forecasts and the European investments

already made in marine environment monitoring services through Mercator Ocean. On

security, a comprehensive approach at Union level would be sought with the High

Representative. The Joint Research Centre (JRC) of the Commission has been actively

involved from the start of the GMES initiative and has supported developments for Galileo

and the SWE sub-component. Under Regulation (EU) No 377/2014, the JRC is managing

the Copernicus emergency management service and the global component of the

Copernicus land monitoring service, it is contributing to the review of the quality and

fitness for purpose of data and information, and to the future evolution. The Commission

should continue relying on JRC’s scientific and technical advice for the implementation of

the Programme.

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(88) Following the requests of the European Parliament and of the Council, the Union

established a support framework for space surveillance and tracking (SST) by means of

Decision No 541/2014/EU. Space debris has become a serious threat to the security, safety

and sustainability of space activities. The SST sub-component is therefore essential to

preserving the continuity of the Programme’s components and their contributions to Union

policies. By seeking to prevent the proliferation of space debris, the SST sub-component

contributes to ensuring the sustainable and guaranteed access to and use of space, which is

a global common objective. In that context, it could support the preparation of European

Earth orbit ‘clean-up’ projects.

(89) The performance and autonomy of capabilities under the SST sub-component should be

further developed. To that end, the SST sub-component should lead to the establishment of

an autonomous European catalogue of space objects, building on data from the network of

SST sensors. Where appropriate, the Union could consider making some of its data

available for commercial, non-commercial and research purposes. The SST sub-component

should also continue to support the operation and provision of SST services. As SST

services are user-driven, appropriate mechanisms should be put in place to collect user

requirements, including those relating to security and the transmission of relevant

information to and from public institutions to improve the effectiveness of the system,

while respecting national safety and security policies.

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(90) The provision of SST services should be based on cooperation between the Union and the

Member States and on the use of existing as well as future national expertise and assets,

including those developed through ESA or by the Union. It should be possible to provide

financial support for the development of new SST sensors. In view of the sensitive nature

of the SST, the control over national sensors and their operations, maintenance and

renewal and the processing of data leading to the provision of SST services should remain

with the Member States participating in the SST sub-component.

(91) Member States with ownership or access to adequate capabilities available for the SST

sub-component should be able to participate in the provision of SST services. Participating

Member States in the Consortium established under Decision No 541/2014/EU should be

deemed to have ownership or access to adequate capabilities available for the SST

sub-component. Member States wishing to participate in the provision of SST services

should submit a single joint proposal and demonstrate compliance with further elements

related to the operational set up. Appropriate rules should be established for the selection

and organisation of those Member States.

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(92) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission relating to adoption of the

detailed procedures and elements for establishing the participation of Member States in the

provision of SST services. Where no joint proposal of the Member States wishing to

participate in the provision of SST services has been submitted or where the Commission

considers that such proposal does not comply with the criteria set, the Commission should

be able to initiate a second step for establishing the participation of Member States in the

provision of SST services. The procedures and elements for that second step should define

the orbits to be covered, and take into account the need to maximise the participation of

Member States in the provision of SST services. Where those procedures and elements

provide for the possibility for the Commission to select several proposals to cover all the

orbits, appropriate coordination mechanisms between the groups of Member States and an

efficient solution to cover all the SST services should also be provided. Those powers

should be exercised in accordance with Regulation (EU) No 182/2011 of the

European Parliament and of the Council **[1]** .

(93) Once the SST sub-component is set up, it should respect the principles of complementarity

of activities and continuity of high quality user-driven SST services, and be based on the

best expertise. The SST sub-component should therefore avoid unnecessary duplication.

Redundant capabilities should ensure SST services’ continuity, quality and robustness. The

activities of the Expert Teams should help to avoid such unnecessary duplication.

**1** Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning mechanisms for
control by the Member States of the Commission’s exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).

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(94) In addition, the SST sub-component should be conducive to existing mitigation measures,

such as the COPUOS Space Debris Mitigation Guidelines and Guidelines for the

Long-term Sustainability of Outer Space Activities, or other initiatives to ensure the safety,

security and sustainability of outer space activities. With a view to reducing risks of

collision, the SST sub-component would also seek synergies with initiatives of active

removal and passivation measures of space debris. The SST sub-component should

contribute to ensuring the peaceful use and exploration of outer space. The increase in

space activities may have implication on the international initiatives in the area of the

space traffic management. The Union should monitor those developments and may take

them into consideration in the context of the mid-term review of the current multiannual

financial framework.

(95) The activities under the SST, SWE and NEO sub-components should have regard to

cooperation with international partners, in particular the United States, international

organisations and other third parties, particularly to avoid collisions in space, to prevent the

proliferation of space debris and to increase preparedness for the effects of extreme space

weather events and near-Earth objects.

(96) The Security Committee of the Council recommended the creation of a risk management

structure to ensure that data security issues are duly taken into account in the

implementation of Decision No 541/2014/EU. For that purpose and taking account of the

work already performed, the appropriate risk management structures and procedures

should be established by the Member States participating in the SST sub-component.

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(97) Extreme and major space weather events may threaten the safety of citizens and disrupt the

operations of space-based and ground-based infrastructure. A SWE sub-component should

therefore be established as part the Programme with an aim of assessing the space weather

risks and corresponding user needs, raising the awareness of space weather risks, ensuring

the provision of user-driven SWE services, and improving Member States’ capabilities to

provide the SWE services. The Commission should prioritise the sectors to which the

operational SWE services are to be provided taking into account the user needs, risks and

technological readiness. In the long term, the needs of other sectors may be addressed. The

provision of services at Union level according to the users’ needs would require targeted,

coordinated and continued research and development activities to support SWE services

evolution. The provision of the SWE services should build on the existing national and

Union capabilities and enable a broad participation of Member States, European and

international organisations, and involvement of the private sector.

(98) The Commission White Paper of 1 March 2017 on the future of Europe, the Rome

Declaration of the Heads of State and Government of 27 EU Member States

of 25 March 2017, and several European Parliament resolutions, recall that the Union has a

major role to play in ensuring a safe, secure and resilient Europe that is capable of

addressing challenges such as regional conflicts, terrorism, cyber threats, and growing

migration pressures. Secure and guaranteed access to satellite communications is an

indispensable tool for security actors, and pooling and sharing of that key security resource

at Union level strengthens a Union that protects its citizens.

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(99) The conclusions of the European Council of 19-20 December 2013 welcomed the

preparations for the next generation of Governmental Satellite Communication

(GOVSATCOM) through close cooperation between the Member States, the Commission

and ESA. GOVSATCOM has also been identified as one of the elements of the Global

Strategy for the European Union’s Foreign and Security Policy of June 2016.

GOVSATCOM should contribute to the EU response to Hybrid Threats and provide

support to the EU Maritime Security Strategy and to the EU Arctic policy.

(100) GOVSATCOM is a user-centric programme with a strong security dimension. The

GOVSATCOM use-cases should be able to be analysed by the relevant actors for three

main families: crisis management, which may include civilian and military Common

Security and Defence missions and operations, natural and man-made disasters,

humanitarian crises, and maritime emergencies; surveillance, which may include border

surveillance, pre-frontier surveillance, sea-border surveillance, maritime surveillance and

surveillance of illegal trafficking; and key infrastructures, which may include diplomatic

network, police communications, digital infrastructure, such as data centres and servers,

critical infrastructures, such as energy, transport and water barriers, such as dams, and

space infrastructures.

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(101) GOVSATCOM capacity and services should be used in security and safety critical

missions and operations by Union and Member State actors. Therefore an appropriate level

of non-dependence from third parties (third countries and entities from third countries) is

needed, covering all GOVSATCOM elements, such as space and ground technologies at

component, subsystem and system level, manufacturing industries, owners and operators

of space systems, and physical location of ground system components.

(102) Satellite communications is a finite resource limited by the satellite capacity, frequency

and geographical coverage. Therefore, in order to be cost-effective and to capitalise on

economies of scale, GOVSATCOM needs to optimise the match between the demand from

GOVSATCOM users, and the supply provided under contracts for GOVSATCOM

capacities and services. Since the demand and the potential supply both change with time,

this requires constant monitoring and flexibility to adjust GOVSATCOM services.

(103) Operational requirements should be based on the use-case analysis. From those operational

requirements, in combination with security requirements, the service portfolio should be

developed. The service portfolio should establish the applicable baseline for the

GOVSATCOM services. In order to maintain the best possible match between the demand

and supplied services, the service portfolio for GOVSATCOM services should be able to

be regularly updated.

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(104) In the first phase of GOVSATCOM, approximately until 2025, existing capacity would be

used. In that context, the Commission should procure GOVSATCOM capacities from

Member States with national systems and space capacities and from commercial satellite

communication or service providers, taking into account the essential security interests of

the Union. In that first phase GOVSATCOM services would be introduced in a stepped

approach. If in the course of the first phase a detailed analysis of future supply and demand

reveals that this approach is insufficient to cover the evolving demand, it should be

possible to take a decision to move to a second phase and develop additional bespoke

space infrastructure or capacities through one or several public-private partnerships, e.g.

with Union satellite operators.

(105) In order to optimise the available satellite communication resources, to guarantee access in

unpredictable situations, such as natural disasters, and to ensure operational efficiency and

short turn-around times, the necessary ground segment, such as GOVSATCOM Hubs and

potential other ground elements, is required. It should be designed on the basis of

operational and security requirements. In order to mitigate risks a GOVSATCOM Hub

may consist of several physical sites. Other ground segment elements, such as anchoring

stations, may be needed.

(106) For users of satellite communications the user equipment is the all-important operational

interface. The GOVSATCOM approach should make it possible for most users to continue

to use their existing user equipment for GOVSATCOM services.

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(107) In the interest of operational efficiency, users have indicated that it is important to aim for

interoperability of user equipment, and user equipment that can make use of different

satellite systems. Research and development in this domain may be required.

(108) At implementation level the tasks and responsibilities should be distributed amongst

specialised entities, such as EDA, EEAS, ESA, the Agency, and other Union agencies in

such a manner as to ensure that they align with their principal role, especially for

user-related aspects.

(109) The competent GOVSATCOM authority has an important role in terms of monitoring

whether users, and other national entities that play a role in GOVSATCOM, comply with

the sharing and prioritisation rules and security procedures as laid down in the security

requirements. A Member State which has not designated a competent GOVSATCOM

authority should in any event designate a point of contact for the management of any

detected jamming affecting GOVSATCOM.

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(110) Member States, the Council, the Commission and the EEAS should be able to become

GOVSATCOM participants, insofar as they choose to authorise GOVSATCOM users or

provide capacities, sites or facilities. Taking into consideration that it is for the

Member States to decide whether to authorise GOVSATCOM users or provide capacities,

sites or facilities, Member States could not be obliged to become GOVSATCOM

participants or to host GOVSATCOM infrastructure. The GOVSATCOM component

would therefore be without prejudice to the right of Member States not to participate in

GOVSATCOM, including in accordance with its national law or constitutional

requirements in relation to policies concerning non-alignment and non-participation in

military alliances.

(111) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission relating to adoption of the

operational requirements for GOVSATCOM services and of the service portfolio for

GOVSATCOM services. Those powers should be exercised in accordance with Regulation

(EU) No 182/2011.

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(112) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission relating to adoption of

detailed rules on sharing and prioritisation for the use of pooled GOVSATCOM satellite

communication capacities. When defining detailed rules on sharing and prioritisation, the

Commission should take into account the operational and security requirements and an

analysis of risks and expected demand by GOVSATCOM participants. Although

GOVSATCOM services should in principle be provided free of charge to GOVSATCOM

users, if that analysis concludes there is a shortage of capacities and in order to avoid a

distortion of the market, a pricing policy might be developed as part of those detailed rules

on sharing and prioritisation. Those powers should be exercised in accordance with

Regulation (EU) No 182/2011.

(113) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers relating to the location of the ground segment infrastructure for

GOVSATCOM should be conferred on the Commission. For the selection of such

locations, the Commission should be able to take into account the operational and security

requirements, as well as the existing infrastructure. Those powers should be exercised in

accordance with Regulation (EU) No 182/2011.

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(114) Regulation (EU) No 912/2010 established a Union agency, called the European GNSS

Agency, to manage certain aspects of the Galileo and EGNOS satellite navigation

programmes. This Regulation entrusts the European GNSS Agency with new tasks,

especially security accreditation, not only in respect of Galileo and EGNOS but also in

respect of other Programme’s components. The name, tasks and organisational aspects of

the European GNSS Agency should therefore be adapted accordingly.

(115) In accordance with Decision 2010/803/EU **[1]**, the seat of the Agency is located in Prague.

For the implementation of the Agency’s tasks, staff of the Agency might be located in one

of the Galileo or EGNOS ground-based centres referred to in Commission Implementing

Decision (EU) 2016/413 **[2]** to execute Programme activities provided for in the relevant

agreement. In addition, for the Agency to operate in the most efficient and effective

manner, a limited number of staff could be assigned to local offices in one or more

Member States. Such assignment of staff outside the seat of the Agency or Galileo and

EGNOS ground-based centres should not lead to transfer of the Agency’s core activities to

such local offices.

**1** Decision taken by common accord between the Representatives of the Governments of the
Member States of 10 December 2010 on the location of the seat of the European GNSS
Agency (2010/803/EU) (OJ L 342, 28.12.2010, p. 15).
**2** Commission Implementing Decision (EU) 2016/413 of 18 March 2016 determining the
location of the ground-based infrastructure of the system established under the Galileo
programme and setting out the necessary measures to ensure that it functions smoothly, and
repealing Implementing Decision 2012/117/EU (OJ L 74, 19.3.2016, p. 45).

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(116) In view of its extended scope, which should no longer be limited to Galileo and EGNOS,

the name of the European GNSS Agency should henceforth be changed. However, the

continuity of the activities of the European GNSS Agency, including continuity as regards

rights and obligations, staff and the validity of any decisions taken, should be ensured

under the Agency.

(117) Given the Agency’s mandate and the role of the Commission in implementing the

Programme, it is appropriate to provide that some of the decisions taken by the

Administrative Board should not be adopted without the favourable vote of the

representatives of the Commission.

(118) Without prejudice to the powers of the Commission, the Administrative Board, the

Security Accreditation Board and the Executive Director should be independent in the

performance of their duties and should act in the public interest.

(119) It is possible, and indeed probable, that some of the Programme’s components would be

based on the use of sensitive or security-related national infrastructure. In such cases, for

reasons of national security, it would be necessary to stipulate that meetings of the

Administrative Board and Security Accreditation Board be attended by the representatives

of the Member States and the representatives of the Commission, on a need-to-know basis.

In the Administrative Board, only those representatives of Member States which possess

such infrastructure and a representative of the Commission are to take part in voting. The

rules of procedure of the Administrative Board and of the Security Accreditation Board

should set out the situations in which that procedure is to apply.

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(120) Pursuant to paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on

Better Law-Making **[1]**, this Programme should be evaluated on the basis of information

collected in accordance with specific monitoring requirements, while avoiding

administrative burden, in particular on Member States, and overregulation. Those

requirements, where appropriate, should include measurable indicators as a basis for

evaluating the effects of the Programme on the ground.

(121) The use of Copernicus and Galileo-based services is predicted to have a major impact in

the European economy in general. However, ad hoc measurements and case studies seem

to dominate the picture today. The Commission (Eurostat) should define relevant statistical

measurements and indicators that would form the basis for monitoring the impact of the

Union’s space activities in a systematic and authoritative way.

(122) The European Parliament and the Council should be promptly informed of the work

programmes.

**1** OJ L 123, 12.5.2016, p. 1.

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(123) In order to ensure uniform conditions for the implementation of this Regulation,

implementing powers should be conferred on the Commission relating to the reallocation

of funds between the categories of expenditure of the Programme’s budget, the adoption of

contribution decisions regarding the contribution agreements, determining the technical

and operational requirements needed for the implementation of and evolution of the

Programme’s components and of the services they provide, deciding on the FFPA, the

adoption of measures necessary for the smooth functioning of Galileo and EGNOS and

their adoption by the market, the adoption of the detailed provisions concerning the access

to SST services and relevant procedures, the adoption of the multiannual plan and the key

performance indicators for development of Union SST services, the adoption of detailed

rules on the functioning of the organisational framework of the participation of

Member States in the SST sub-component, the selection of SWE services, and the adoption

of the work programmes. Those powers should be exercised in accordance with Regulation

(EU) No 182/2011. The Commission should be assisted by the Programme committee,

which should meet in specific configuration.

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(124) Since the Programme’s components are user-driven, they require the continuous, effective

involvement of users for their implementation and development, particularly regarding the

definition and validation of service requirements. In order to increase the value for the

users, their input should be actively sought through regular consultation with end-users

from the public and private sectors of Member States and, where appropriate, with

international organisations. For that purpose, a working group (‘User Forum’) should be

set up to assist the Programme committee with the identification of user requirements, and

the verification of service compliance, as well as the identification of gaps in services

provided. The rules of procedure of the Programme committee should establish the

organisation of the User Forum to take into account the specificities of each of the

Programme’s components and each service within the components. Whenever possible,

Member States should contribute to the User Forum based on a systematic and coordinated

consultation of users at national level.

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(125) As sound public governance requires uniform management of the Programme, faster

decision-making and equal access to information, representatives of the entities entrusted

with tasks related to the Programme might be able to take part as observers in the work of

the Programme committee established in application of Regulation (EU) No 182/2011. For

the same reasons, representatives of third countries and international organisations who

have concluded an international agreement with the Union, relating to the Programme or

its components or sub-components, might be able to take part in the work of the

Programme committee subject to security constraints and as provided for in the terms of

such agreement. The representatives of entities entrusted with tasks related to the

Programme, third countries and international organisations should not be entitled to take

part in the Programme committee voting procedures. The conditions for the participation

of observers and ad hoc participants should be laid down in the rules of procedure of the

Programme committee.

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(126) In order to ensure effective assessment of progress of the Programme towards the

achievement of its objectives, the power to adopt acts in accordance with Article 290

TFEU should be delegated to the Commission in respect of supplementing the provisions

on the Copernicus data and Copernicus information to be provided to Copernicus users as

regards the specifications and conditions and procedures for the access to and use of such

data and such information, of amending the Annex to this Regulation with regard to the

indicators where considered necessary and of supplementing this Regulation with

provisions on the establishment of a monitoring and evaluation framework. It is of

particular importance that the Commission carry out appropriate consultations during its

preparatory work, including at expert level, and that those consultations be conducted in

accordance with the principles laid down in the Interinstitutional Agreement

of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the

preparation of delegated acts, the European Parliament and the Council receive all

documents at the same time as Member States’ experts, and their experts systematically

have access to meetings of Commission expert groups dealing with the preparation of

delegated acts.

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(127) Since the objective of this Regulation cannot be sufficiently achieved by the

Member States, but can rather, by reason of the scale and effects of the action that go

beyond the financial and technical capacities of any single Member State, be better

achieved at Union level, the Union may adopt measures, in accordance with the principle

of subsidiarity as set out in Article 5 TEU. In accordance with the principle of

proportionality, as set out in that Article, this Regulation does not go beyond what is

necessary in order to achieve that objective.

(128) In order to ensure uniform conditions for the implementation of the Programme’s security

requirements, implementing powers should be conferred on the Commission. Those

powers should be exercised in accordance with Regulation (EU) No 182/2011.

Member States should be able to exert a maximum of control over the Programme’s

security requirements. When adopting implementing acts in the area of security of the

Programme, the Commission should be assisted by the Programme committee meeting in a

dedicated security configuration. In view of the sensitivity of security matters, the chair of

the Programme committee should endeavour to find solutions which command the widest

possible support within the committee. The Commission should not adopt implementing

acts determining the general security requirements of the Programme in cases where no

opinion is delivered by the Programme committee.

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(129) The Programme should be established for a period of seven years to align its duration with

that of the multiannual financial framework for the years 2021 to 2027 laid down in

Council Regulation (EU, Euratom) 2020/2093 **[1]** (the ‘MFF 2021-2027’). The Agency,

which carries out its own tasks, should not be subject to that time limitation.

(130) In order to ensure continuity in providing support in the relevant policy area and to allow

implementation to start from the beginning of the MFF 2021-2027, this Regulation should

enter into force as a matter of urgency and should apply, with retroactive effect,

from 1 January 2021.

(131) Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision

No 541/2014/EU should therefore be repealed,

HAVE ADOPTED THIS REGULATION:

**1** Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the
multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).

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## **TITLE I** **GENERAL PROVISIONS**

_Article 1_

_Subject matter_

This Regulation establishes the Union Space Programme (‘the Programme’) for the duration of the

MFF 2021-2027. It lays down the objectives of the Programme, the budget for the

period 2021-2027, the forms of Union funding and the rules for providing such funding, as well as

the rules for the implementation of the Programme.

This Regulation establishes the European Union Agency for the Space Programme (‘the Agency’)

which replaces and succeeds the European GNSS Agency established by Regulation (EU)

No 912/2010 and lays down the rules of operation of the Agency.

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_Article 2_

_Definitions_

For the purposes of this Regulation, the following definitions apply:

(1) ‘spacecraft’ means an orbiting object designed to perform a specific function or mission,

such as communications, navigation or Earth observation, including satellites, launcher

upper stages, and a re-entry vehicle; a spacecraft that can no longer fulfil its intended

mission is considered non-functional; spacecraft in reserve or standby modes awaiting

possible reactivation are considered functional;

(2) ‘space object’ means any man-made object in outer space;

(3) ‘near-Earth objects’ or ‘NEO’ means natural objects in the solar system which are

approaching the Earth;

(4) ‘space debris’ means any space object including spacecraft or fragments and elements

thereof in Earth’s orbit or re-entering Earth’s atmosphere, that are non-functional or no

longer serve any specific purpose, including parts of rockets or artificial satellites, or

inactive artificial satellites;

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(5) ‘space weather events’ or ‘SWE’ means naturally occurring variations in the space

environment at the Sun and around the Earth, including solar flares, solar energetic

particles, variations in the solar wind, coronal mass ejections, geomagnetic storms and

dynamics, radiation storms and ionospheric disturbances, potentially impacting Earth and

space-based infrastructures;

(6) ‘space situational awareness’ or ‘SSA’ means a holistic approach, including

comprehensive knowledge and understanding, of the main space hazards, encompassing

collision between space objects, fragmentation and re-entry of space objects into the

atmosphere, space weather events, and near-Earth objects;

(7) ‘space surveillance and tracking system’ or ‘SST system’ means a network of

ground-based and space-based sensors capable of surveying and tracking space objects,

together with processing capabilities aiming to provide data, information and services on

space objects that orbit around the Earth.

(8) ‘SST sensor’ means a device or a combination of devices, such as ground-based or

space-based radars, lasers and telescopes, which is able to perform space surveillance or

tracking and that can measure physical parameters related to space objects, such as size,

location and velocity;

(9) ‘SST data’ means physical parameters of space objects, including space debris, acquired by

SST sensors, or orbital parameters of space objects derived from SST sensors’

observations in the framework of the SST sub-component;

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(10) ‘SST information’ means processed SST data which are readily meaningful to the

recipient;

(11) ‘return link’ means a functional capacity of the Galileo search and rescue support (SAR)

service; the Galileo SAR service will contribute to the global monitoring service of

aircraft, as defined by the International Civil Aviation Organisation (ICAO);

(12) ‘Copernicus Sentinels’ means the Copernicus dedicated satellites, spacecraft or spacecraft

payloads for space-based Earth observation;

(13) ‘Copernicus data’ means data provided by the Copernicus Sentinels, including their

metadata;

                (14) ‘Copernicus third party data and information’ means spatial data and information licensed

or made available for use under Copernicus which originate from sources other than the

Copernicus Sentinels;

              (15) ‘Copernicus in situ data’ means observation data from ground-based, seaborne or airborne

sensors, as well as reference and ancillary data licensed or provided for use in Copernicus;

(16) ‘Copernicus information’ means information generated by the Copernicus Services

following processing or modelling, including their metadata;

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(17) ‘Copernicus Participating States’ means third countries which contribute financially and

participate in Copernicus under the terms of an international agreement concluded with the

Union;

(18) ‘Copernicus core users’ means the Union institutions and bodies and European, national, or

regional public bodies in the Union or Copernicus Participating States entrusted with a

public service mission for the definition, implementation, enforcement or monitoring of

civilian public policies, such as environmental, civil protection, safety, including safety of

infrastructure, or security policies, which benefit from Copernicus data and Copernicus

information and have the additional role of driving the evolution of Copernicus;

(19) ‘other Copernicus users’ means research and education organisations, commercial and

private bodies, charities, non-governmental organisations and international organisations,

which benefit from Copernicus data and Copernicus information;

(20) ‘Copernicus users’ means Copernicus core users and other Copernicus users;

(21) ‘Copernicus Services’ means value-added services of general and common interest to the

Union and the Member States, which are financed by the Programme and which transform

Earth observation data, Copernicus in-situ data and other ancillary data into processed,

aggregated and interpreted information tailored to the needs of Copernicus users;

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(22) ‘GOVSATCOM user’ means a public authority, a body entrusted with the exercise of

public authority, an international organisation or a natural or legal person, duly authorised

and entrusted with tasks relating to the supervision and management of' security-critical

missions, operations and infrastructures;

(23) ‘GOVSATCOM Hub’ means an operational centre the main function of which is to link, in

a secure manner, the GOVSATCOM users to the providers of GOVSATCOM capacity and

services and thereby optimise the supply and demand at any given moment.

(24) ‘GOVSATCOM use-case’ means an operational scenario in a particular environment in

which GOVSATCOM services are required;

(25) ‘EU classified information’ or ‘EUCI’ means any information or material designated by an

EU security classification, the unauthorised disclosure of which could cause varying

degrees of prejudice to the interests of the Union or of one or more of the Member States;

(26) ‘sensitive non-classified information’ means non-classified information within the meaning

of Article 9 of Commission Decision (EU, Euratom) 2015/443 **[1]**, under which an obligation

to protect sensitive non-classified information applies solely to the Commission and to

Union agencies and bodies obliged by law to apply the security rules of the Commission;

**1** Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security on the
Commission (OJ L 72, 17.3.2015, p. 41).

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(27) ‘blending operation’ means actions supported by the Union budget, including within

blending facilities pursuant to Article 2(6) of the Financial Regulation, combining

non-repayable forms of support or financial instruments or budgetary guarantees from the

Union budget with repayable forms of support from development or other public finance

institutions, as well as from commercial finance institutions and investors;

(28) ‘legal entity’ means a natural person, or a legal person created and recognised as such

under Union, national, or international law, which has legal personality and capacity to act

in its own name, exercise rights and be subject to obligations, or an entity which does not

have legal personality as referred to in point (c) of Article 197(2) of the Financial

Regulation;

(29) ‘fiduciary entity’ means a legal entity that is independent from the Commission or a third

party and that receives data from the Commission or that third party for the purpose of safe

storage and treatment of those data.

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_Article 3_

_Components of the Programme_

1. The Programme shall consist of the following components:

(a) ‘Galileo’, an autonomous civil global navigation satellite system (GNSS) under civil

control, which consists of a constellation of satellites, centres and a global network of

stations on the ground, offering positioning, navigation and timing services and

integrating the needs and requirements of security;

(b) ‘European Geostationary Navigation Overlay Service’ (EGNOS), a civil regional

satellite navigation system under civil control which consists of centres and stations

on the ground and several transponders installed on geosynchronous satellites and

which augments and corrects the open signals emitted by Galileo and other GNSSs,

inter alia for air-traffic management, for air navigation services and for other

transport systems;

(c) ‘Copernicus’, an operational, autonomous, user-driven, civil Earth observation

system under civil control, building on the existing national and European capacities,

offering geo-information data and services, comprising satellites, ground

infrastructure, data and information processing facilities, and distribution

infrastructure, based on a free, full and open data policy and, where appropriate,

integrating the needs and requirements of security;

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(d) ‘Space Situational Awareness’ or ‘SSA’, which includes the following

sub-components:

(i) ‘SST sub-component’, a space surveillance and tracking system aiming to

improve, operate and provide data, information and services related to the

surveillance and tracking of space objects that orbit the Earth;

(ii) ‘SWE sub-component’, observational parameters related to space weather

events; and

(iii) ‘NEO sub-component’, the risk monitoring of near-Earth objects approaching

the Earth;

(e) ‘GOVSATCOM’, a satellite communications service under civil and governmental

control enabling the provision of satellite communications capacities and services to

Union and Member State authorities managing security critical missions and

infrastructures.

2. The Programme shall include additional measures to ensure efficient and autonomous

access to space for the Programme and to foster an innovative and competitive European

space sector, upstream and downstream, to strengthen the Union’s space ecosystem and to

reinforce the Union as a global player.

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_Article 4_

_Objectives_

1. The general objectives of the Programme are to:

(a) provide or contribute to the provision of high-quality and up-to-date and, where

appropriate, secure space-related data, information and services without interruption

and wherever possible at global level, meeting existing and future needs and able to

support the Union’s political priorities and related evidence-based and independent

decision making, inter alia for climate change, transport and security;

(b) maximise the socio-economic benefits, in particular by fostering the development of

innovative and competitive European upstream and downstream sectors, including

SMEs and start-ups, thereby enabling growth and job creation in the Union and

promoting the widest possible uptake and use of the data, information and services

provided by the Programme’s components both within and outside the Union; while

ensuring synergies and complementarity with the Union’s research and technological

development activities carried out under Regulation (EU) …/… [] ;

(c) enhance the safety and security of the Union and its Member States and reinforce the

autonomy of the Union, in particular in terms of technology;

 OJ: please insert in the text the number of the Regulation contained in document ST 7064/20
(2018/0224 (COD)).

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(d) promote the role of the Union as a global actor in the space sector, encourage

international cooperation, reinforce European space diplomacy including by fostering

the principles of reciprocity and fair competition, and to strengthen its role in

tackling global challenges, supporting global initiatives including with regard to

sustainable development and raising awareness of space as a common heritage of

humankind;

(e) enhance the safety, security and sustainability of all outer space activities pertaining

to space objects and debris proliferation, as well as space environment, by

implementing appropriate measures, including development and deployment of

technologies for spacecraft disposal at the end of operational lifetime and for space

debris disposal.

2. The specific objectives of the Programme are:

(a) for Galileo and EGNOS: to provide long-term, state-of-the-art and secure

positioning, navigation and timing services whilst ensuring service continuity and

robustness;

(b) for Copernicus: to deliver accurate and reliable Earth observation data, information

and services integrating other data sources, supplied on a long-term sustainable basis,

to support the formulation, implementation and monitoring of the Union and its

Member States’ policies and actions based on user requirements;

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(c) for SSA: to enhance capabilities to monitor, track and identify space objects and

space debris with the aim of further increasing the performance and autonomy of

capabilities under the SST sub-component at Union level, to provide SWE services

and to map and network Member States’ capacities under the NEO sub-component;

(d) for GOVSATCOM: to ensure the long-term availability of reliable, secure and

cost-effective satellite communications services for GOVSATCOM users;

(e) to support an autonomous, secure and cost-efficient capability to access space, taking

into account the essential security interests of the Union;

(f) to foster the development of a strong Union space economy, including by supporting

the space ecosystem and by reinforcing competitiveness, innovation,

entrepreneurship, skills and capacity building in all Member States and Union

regions, with particular regard to SMEs and start-ups or natural and legal persons

from the Union who are active or wishing to become active in that sector.

_Article 5_

_Access to space_

1. The Programme shall support the procurement and aggregation of launching services for

the needs of the Programme and, at their request, the aggregation for Member States and

international organisations.

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2. In synergies with other Union programmes and funding schemes, and without prejudice to

ESA’s activities in the area of access to space, the Programme may support:

(a) adaptations, including technology development, to space launch systems which are

necessary for launching satellites, including alternative technologies and innovative

systems on access to space, for the implementation of the Programme’s components;

(b) adaptations to the space ground infrastructure, including new developments, which

are necessary for the implementation of the Programme.

_Article 6_

_Actions in support of an innovative and competitive Union space sector_

1. The Programme shall promote capacity building across the Union, by supporting:

(a) innovation activities for making best use of space technologies, infrastructure or

services and measures to facilitate the uptake of innovative solutions resulting from

research and innovation activities and to support the development of the downstream

sector, in particular through synergies with other Union programmes and financial

instruments, including the InvestEU Programme.

(b) activities aiming to foster public demand and public sector innovation, to realise the

full potential of public services for citizens and businesses;

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(c) entrepreneurship, including from early stage to scaling-up, in accordance with

Article 21, by relying on other provisions on access to finance as referred to in

Article 18 and Chapter I of Title III, and by using a first contract approach;

(d) the emergence of a business-friendly space ecosystem through cooperation amongst

undertakings in the form of a network of space hubs which:

(i) bring together, at national and regional levels, actors from the space, digital

and other sectors, as well as users; and

(ii) aim to provide support, facilities and services to citizens and companies to

foster entrepreneurship and skills, to enhance synergies in the downstream

sector and to foster cooperation with the digital innovation hubs established

under the Digital Europe Programme established by Regulation (EU) 2021/…

of the European Parliament and of the Council **[1]** [] ;

(e) the provision of education and training activities, in particular for professionals,

entrepreneurs, graduates and students, notably through synergies with initiatives at

national and regional levels, for the development of advanced skills;

**1** Regulation (EU) 2021/... of the European Parliament and of the Council of … establishing
the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L ..., ..., p. …).
 OJ: Please insert in the text the number of the Regulation contained in document
ST 6789/20 (2018/0227 (COD)) and insert the number, date, title and OJ reference of that
Regulation in the footnote.

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(f) access to processing and testing facilities for private and public sector professionals,

students and entrepreneurs;

(g) certification and standardisation activities;

(h) the reinforcement of European supply chains across the Union through wide

participation of enterprises, in particular SMEs and start-ups, in all the Programme’s

components, particularly through Article 14, and of measures to underpin their

competitiveness at global level.

2. When implementing activities referred to in paragraph 1, the need to develop capacity in

Member States with an emerging space industry shall be supported, in order to provide an

equal opportunity to all Member States to participate in the Programme.

_Article 7_

_Participation of third countries and international organisations_

_in the Programme_

1. Galileo, EGNOS and Copernicus, as well as the SWE and NEO sub-components, but

excluding the SST sub-component, shall be open to the participation of the members of the

European Free Trade Association (EFTA) which are members of the European Economic

Area (EEA), in accordance with the conditions laid down in the Agreement on the

European Economic Area.

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Copernicus and the SWE and NEO sub-components, but excluding the SST

sub-component, shall be open to the participation of the following third countries:

(a) acceding countries, candidate countries and potential candidates, in accordance with

the general principles and general terms and conditions for the participation of those

countries in Union programmes established in the respective framework agreements

and Association Council decisions or in similar agreements, and in accordance with

the specific conditions laid down in agreements between the Union and those

countries;

(b) European Neighbourhood Policy countries, in accordance with the general principles

and general terms and conditions for the participation of those countries in Union

programmes established in the respective framework agreements and Association

Council decisions or in similar agreements, and in accordance with the specific

conditions laid down in agreements between the Union and those countries.

2. In accordance with the conditions laid down in a specific agreement concluded in

accordance with Article 218 TFEU covering the participation of a third country or of an

international organisation to any Union programme:

(a) Galileo and EGNOS shall be open to the participation of third countries referred to in

points (a) and (b) of the second subparagraph of paragraph 1;

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(b) GOVSATCOM shall be open to the participation of members of EFTA which are

members of the EEA, as well as of third countries referred to in points (a) and (b) of

the second subparagraph of paragraph 1; and

(c) Galileo, EGNOS, Copernicus, GOVSATCOM, as well as the SWE and NEO

sub-components, but excluding the SST sub-component, shall be open to the

participation of third countries, other than those third countries covered by

paragraph 1, and international organisations.

The specific agreement referred to in the first subparagraph of this paragraph shall:

(a) ensure a fair balance as regards the contributions and benefits of the third country or

international organisation participating in the Union programmes;

(b) lay down the conditions of participation in the programmes, including the calculation

of financial contributions to individual programmes, and their administrative costs;

(c) not confer on the third country or international organisation any decision-making

power in respect of the Union programme;

(d) guarantee the rights of the Union to ensure sound financial management and to

protect its financial interests.

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The contributions referred to in point (b) of the second subparagraph of this paragraph

shall constitute assigned revenues in accordance with Article 21(5) of the Financial

Regulation.

3. The Programme’s components or sub-components, excluding the SST sub-component,

shall only be open to the participation of third countries and international organisations

under this Article provided that the essential security interests of the Union and its

Member States are preserved, including as regards the protection of classified information

under Article 43.

_Article 8_

_Access to SST services, GOVSATCOM services_

_and the Galileo Public Regulated Service_

_by third countries and international organisations_

1. Third countries and international organisations may have access to GOVSATCOM

services provided that:

(a) they conclude an agreement, in accordance with Article 218 TFEU, laying down the

terms and conditions for access to GOVSATCOM services; and

(b) they comply with Article 43 of this Regulation.

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2. Third countries and international organisations not having their headquarters in the Union

may have access to SST services referred to in point (d) of Article 55(1) provided that:

(a) they conclude an agreement, in accordance with Article 218 TFEU, laying down the

terms and conditions for access to such SST services; and

(b) they comply with Article 43 of this Regulation.

3. No agreement concluded in accordance with Article 218 TFEU shall be required to access

SST services which are publicly available, as referred to in points (a), (b) and (c) of

Article 55(1). Access to those services shall be subject to a request from the potential users

in accordance with Article 56.

4. The access of third countries and international organisations to the Public Regulated

Service (PRS) provided by Galileo shall be governed by Article 3(5) of Decision

No 1104/2011/EU of the European Parliament and of the Council **[1]** .

**1** Decision No 1104/2011/EU of the European Parliament and of the Council of
25 October 2011 on the rules for access to the public regulated service provided by the
global navigation satellite system established under the Galileo programme (OJ L 287,
4.11.2011, p. 1).

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_Article 9_

_Ownership and use of assets_

1. Except as provided under paragraph 2, the Union shall be the owner of all tangible and

intangible assets created or developed under the Programme’s components. To that effect,

the Commission shall ensure that relevant contracts, agreements and other arrangements

relating to the activities which may result in the creation or development of such assets

contain provisions ensuring the Union’s ownership of those assets.

2. Paragraph 1 does not apply to the tangible and intangible assets created or developed under

the Programme’s components, where the activities which may result in the creation or

development of such assets:

(a) are carried out pursuant to grants or prizes fully financed by the Union;

(b) are not fully financed by the Union; or

(c) relate to the development, manufacture or use of PRS receivers incorporating EUCI,

or components of such receivers.

3. The Commission shall ensure that the contracts, agreements and other arrangements

relating to the activities referred to in paragraph 2 of this Article contain provisions setting

out the appropriate ownership regime for those assets and, as regards point (c) of

paragraph 2 of this Article, that they ensure that the Union can use the PRS receivers in

accordance with Decision No 1104/2011/EU.

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4. The Commission shall seek to conclude contracts, agreements or other arrangements with

third parties with regard to:

(a) pre-existing ownership rights in respect of tangible and intangible assets created or

developed under the Programme’s components;

(b) the acquisition of the ownership or license rights in respect of other tangible and

intangible assets necessary for the implementation of the Programme.

5. The Commission shall ensure, by means of an appropriate framework, the optimal use of

the tangible and intangible assets referred to in paragraphs 1 and 2 owned by the Union.

6. Where the assets referred to in paragraphs 1 and 2 consist of intellectual property rights,

the Commission shall manage those rights as effectively as possible, taking account of:

(a) the need to protect and give value to the assets;

(b) the legitimate interests of all stakeholders concerned;

(c) the need for harmonious development of markets and new technologies; and

(d) the need for the continuity of the services provided by the Programme's components.

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The Commission shall ensure in particular that the relevant contracts, agreements and other

arrangements include the possibility of transferring those intellectual property rights to

third parties or of granting third-party licences for those rights, including to the creator of

the intellectual property, and that the Agency can freely enjoy those rights where necessary

for carrying out its tasks under this Regulation.

The FFPA provided for in Article 28(4) or the contribution agreements referred to in

Article 32(1) shall contain relevant provisions to allow the use of the intellectual property

rights referred to in the first subparagraph of this paragraph by ESA and the other entrusted

entities where necessary to perform their tasks under this Regulation, and the conditions

for that use.

_Article 10_

_Warranty_

1. Without prejudice to the obligations imposed by legally binding provisions, the services,

data and information provided by the Programme’s components shall be provided without

any express or implied warranty as regards their quality, accuracy, availability, reliability,

speed and suitability for any purpose.

2. The Commission shall ensure that the users of those services, data and information are

duly informed of paragraph 1.

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## **TITLE II** **BUDGETARY CONTRIBUTION AND MECHANISMS**

_Article 11_

_Budget_

1. The financial envelope for the implementation of the Programme for the period

from 1 January 2021 to 31 December 2027 and for covering the associated risks shall be

EUR 14,880 billion in current prices.

The distribution of the amount referred to in the first subparagraph shall be broken down in

the following categories of expenditure:

(a) for Galileo and EGNOS: EUR 9,017 billion;

(b) for Copernicus: EUR 5,421 billion;

(c) for SSA and GOVSATCOM: EUR 0,442 billion.

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2. The Commission may reallocate funds between the categories of expenditure referred to in

paragraph 1 of this Article, up to a ceiling of 7,5 % of the category of expenditure that

receives the funds or the category that provides the funds. The Commission may, by means

of implementing acts, reallocate funds between the categories of expenditure referred to in

paragraph 1 of this Article when that reallocation exceeds a cumulative amount greater

than 7,5 % of the amount allocated to the category of expenditure that receives the funds or

the category that provides the funds. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 107(3).

3. Additional measures as provided for in Article 3(2), namely activities referred to in

Articles 5 and 6, shall be financed under the Programme’s components.

4. The Union budget appropriations assigned to the Programme shall cover all the activities

required to fulfil the objectives referred to in Article 4. Such expenditure may cover:

(a) studies and meetings of experts, in particular compliance with its cost and time

constraints;

(b) information and communication activities, including corporate communication on the

policy priorities of the Union where they are directly linked to the objectives of this

Regulation, with a particular view to creating synergies with other Union policies;

(c) the information technology networks whose function it is to process or exchange

information, and the administrative management measures, including in the field of

security, implemented by the Commission;

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(d) technical and administrative assistance for the implementation of the Programme,

such as preparatory, monitoring, control, audit and evaluation activities including

corporate information technology systems.

5. Actions that receive cumulative funding from different Union programmes shall be audited

only once, covering all involved programmes and their respective applicable rules.

6. The budgetary commitments relating to the Programme and which cover activities

extending over more than one financial year may be broken down over several years into

annual instalments.

7. Resources allocated to Member States under shared management may, at the request of the

Member State concerned, be transferred to the Programme, subject to the conditions set out

in Article 26 of the Common Provisions Regulation. The Commission shall implement

those resources directly in accordance with point (a) of the first subparagraph of

Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that

subparagraph. Those resources shall be used for the benefit of the Member State

concerned.

_Article 12_

_Assigned revenue_

1. The revenue generated by the Programme’s components shall be paid into the Union

budget and used to finance the component which generated the revenue.

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2. The Member States may endow a component of the Programme with an additional

financial contribution to cover additional elements, on condition that such additional

elements do not create any financial or technical burden or any delay for the component

concerned. The Commission shall, by means of implementing acts, decide whether those

conditions have been met. Those implementing acts shall be adopted in accordance with

the examination procedure referred to in Article 107(3).

3. The additional financial contribution referred to in this Article shall be treated as external

assigned revenue in accordance with Article 21(2) of the Financial Regulation.

_Article 13_

_Implementation and forms of Union funding_

1. The Programme shall be implemented under direct management in accordance with the

Financial Regulation or under indirect management with bodies referred to in point (c) of

the first subparagraph of Article 62(1) of the Financial Regulation.

2. The Programme may provide funding in any of the forms laid down in the Financial

Regulation, in particular grants, prizes and procurement. It may also provide financing in

the form of financial instruments within blending operations.

3. Where the Copernicus budget is implemented under indirect management, the procurement

rules of the entities entrusted with budget implementation tasks may apply to the extent

allowed under Articles 62 and 154 of the Financial Regulation. Specific adjustments

necessary to those procurement rules shall be defined in the relevant contribution

agreements.

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## **TITLE III** **FINANCIAL PROVISIONS** **CHAPTER I** **Procurement**

_Article 14_

_Principles of procurement_

1. In procurement procedures for the purpose of the Programme, the contracting authority

shall act in accordance with the following principles:

(a) to promote in all Member States throughout the Union and throughout the supply

chain, the widest and most open participation possible by economic operators, in

particular start-ups, new entrants and SMEs, including in the case of sub-contracting

by the tenderers;

(b) to ensure effective competition and, where possible, to avoid reliance on a single

provider, in particular for critical equipment and services, while taking into account

the objectives of technological independence and continuity of services;

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(c) by way of derogation from Article 167 of the Financial Regulation, to use, wherever

appropriate, multiple supply sources in order to ensure better overall control of all

the Programme’s components, their cost and schedule;

(d) to follow the principles of open access and fair competition throughout the industrial

supply chain, by tendering on the basis of the provision of transparent and timely

information, clear communication of the applicable procurement rules and

procedures, selection and award criteria and any other relevant information allowing

a level-playing field for all potential tenderers, including SMEs and start-ups;

(e) to reinforce the autonomy of the Union, in particular in technological terms;

(f) to comply with the security requirements of the Programme’s components and to

contribute to the protection of the essential security interests of the Union and its

Member States;

(g) to promote service continuity and reliability;

(h) to satisfy appropriate social and environmental criteria.

2. The procurement board, within the Commission, shall scrutinise the procurement process

related to all of the Programme’s components and monitor the contractual implementation

of the Union budget delegated to entrusted entities. A representative of each of the

entrusted entities shall be invited where appropriate.

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_Article 15_

_Conditional stage-payment contracts_

1. With regard to operational and infrastructure-specific activities, the contracting authority

may award a contract in the form of a conditional stage-payment contract in accordance

with this Article.

2. The procurement documents for a conditional stage-payment contract shall refer to the

specific features of conditional stage-payment contracts. In particular, they shall specify

the subject-matter of the contract, the price or the arrangements for determining the price

and the arrangements for the provision of works, supplies and services at each stage.

3. A conditional stage-payment contract shall include:

(a) a fixed stage which results in a firm commitment to provide the works, supplies or

services contracted for that stage; and

(b) one or more stages, which are conditional in terms of both budget and execution.

4. The obligations under the fixed stage and the obligations under each conditional stage shall

be part of a consistent whole, taking into account the obligations under the previous or

subsequent stages.

5. Performance of each conditional stage shall be subject to a decision by the contracting

authority, notified to the contractor in accordance with the contract.

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_Article 16_

_Cost-reimbursement contracts_

1. The contracting authority may opt for a full or partial cost-reimbursement contract under

the conditions laid down in paragraph 3.

2. The price to be paid under a cost-reimbursement contract shall consist of the

reimbursement of:

(a) all direct costs actually incurred by the contractor in performing the contract, such as

expenditure on labour, materials, consumables and use of the equipment and

infrastructures necessary to perform the contract;

(b) indirect costs;

(c) a fixed profit; and

(d) an appropriate incentive fee based on achieving objectives in respect of performance

and delivery schedules.

3. The contracting authority may opt for a full or partial cost-reimbursement contract in cases

where it is difficult or unsuitable to provide an accurate fixed price due to the uncertainties

inherent in the performance of the contract because:

(a) the contract has very complex features or features which require the use of a new

technology and, therefore, includes a significant number of technical risks; or

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(b) the activities subject to the contract must, for operational reasons, start immediately

even though it is not yet possible to determine an accurate fixed price in full due to

significant risks or because the performance of the contract depends in part on the

performance of other contracts.

4. Cost-reimbursement contracts shall stipulate a maximum ceiling price. The maximum

ceiling price for a full or partial cost-reimbursement contract shall be the maximum price

payable. The price may be modified in accordance with Article 172 of the Financial

Regulation.

_Article 17_

_Subcontracting_

1. To encourage new entrants, SMEs and start-ups and their cross-border participation, and to

offer the widest possible geographical coverage while protecting the Union’s autonomy,

the contracting authority shall request that the tenderer subcontracts part of the contract by

competitive tendering at the appropriate levels of subcontracting to companies other than

those which belong to the tenderer’s group.

2. The tenderer shall justify any derogation from a request made under paragraph 1.

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3. For contracts above EUR 10 million, the contracting authority shall aim to ensure that at

least 30 % of the value of the contract is subcontracted by competitive tendering at various

levels of subcontracting to companies outside the group of the prime tenderer, particularly

in order to enable the cross-border participation of SMEs. The Commission shall inform

the Programme committee referred to in Article 107(1) on the fulfilment of that objective

for contracts signed after the entry into force of this Regulation.

## **CHAPTER II** **Grants, prizes and blending operations**

_Article 18_

_Grants and prizes_

1. The Union may cover up to 100 % of the eligible costs, without prejudice to the

co-financing principle.

2. By way of derogation from Article 181(6) of the Financial Regulation when applying flat

rates, the authorising officer responsible may authorise or impose funding of the

beneficiary’s indirect costs up to a maximum of 25 % of total eligible direct costs for the

action.

3. Notwithstanding paragraph 2 of this Article, indirect costs may be declared in the form of a

lump sum or unit costs when provided for in the work programme referred to in

Article 100.

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4. By way of derogation from Article 204 of the Financial Regulation, the maximum amount

of financial support that can be paid to a third party shall not exceed EUR 200 000.

_Article 19_

_Joint calls for grants_

1. The Commission or an entrusted entity in the context of the Programme may issue a joint

call for proposals with entities, bodies or persons referred to in point (c) of the first

subparagraph of Article 62(1) of the Financial Regulation.

2. In the case of a joint call referred to in paragraph 1 of this Article:

(a) the rules referred to in Title VIII of the Financial Regulation shall apply;

(b) the evaluation procedures shall involve a balanced group of experts appointed by

each party; and

(c) the evaluation committees shall comply with Article 150 of the Financial Regulation.

3. The grant agreement shall specify the arrangement applicable to intellectual property

rights.

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_Article 20_

_Grants for pre-commercial procurement and procurement of innovative solutions_

1. Actions may involve or have as their primary aim pre-commercial procurement or public

procurement of innovative solutions that shall be carried out by beneficiaries which are

contracting authorities or contracting entities as defined in Directives 2014/24/EU **[1]**,

2014/25/EU **[2]** and 2009/81/EC **[3]** of the European Parliament and of the Council.

2. The procurement procedures for innovative solutions:

(a) shall comply with the principles of transparency, non-discrimination, equal

treatment, sound financial management, proportionality and competition rules;

(b) in the case of pre-commercial procurement, may provide for specific conditions such

as the place of performance of the procured activities being limited to the territory of

the Member States and of the third countries participating in the Programme;

**1** Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014
on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
**2** Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014
on procurement by entities operating in the water, energy, transport and postal services
sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
**3** Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of procedures for the award of certain works contracts, supply contracts and
service contracts by contracting authorities or entities in the fields of defence and security,
and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).

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(c) may authorise the award of multiple contracts within the same procedure (multiple

sourcing); and

(d) shall provide for the award of the contracts to the tender(s) offering best value for

money while ensuring the absence of conflicts of interest.

3. The contractor generating results in pre-commercial procurement shall own at least the

intellectual property rights attached to the results. The contracting authorities shall enjoy at

least royalty-free access rights to the results for their own use and the right to grant, or

require the contractor to grant, non-exclusive licences to third parties to exploit the results

for the contracting authority under fair and reasonable conditions without any right to

sub-licence. If a contractor fails to commercially exploit the results within a given period

after the pre-commercial procurement as identified in the contract, the contracting

authorities may require it to transfer any ownership of the results to the contracting

authorities.

_Article 21_

_Blending operations_

Blending operations decided under the Programme shall be implemented in accordance with

Regulation (EU) 2021/523 and Title X of the Financial Regulation.

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## **CHAPTER III** **Other financial provisions**

_Article 22_

_Cumulative and alternative funding_

1. An action that has received a contribution under the Programme may also receive a

contribution from another Union programme, provided that the contributions do not cover

the same costs. The rules of the relevant Union programme shall apply to the

corresponding contribution to the action. The cumulative financing shall not exceed the

total eligible costs of the action. The support from the different Union programmes may be

calculated on a pro-rata basis in accordance with the documents setting out the conditions

for support.

2. Actions awarded a Seal of Excellence label under the Programme may receive support

from the European Regional Development Fund or the European Social Fund Plus, in

accordance with Article 73(4) of the Common Provisions Regulation, if they comply with

the following cumulative conditions:

(a) they have been assessed in a call for proposals under the Programme;

(b) they comply with the minimum quality requirements of that call for proposals;

(c) they cannot be financed under that call for proposals due to budgetary constraints.

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_Article 23_

_Joint procurement_

1. In addition to the provisions of Article 165 of the Financial Regulation, the Commission or

the Agency may carry out joint procurement procedures with ESA or other international

organisations involved in implementing the Programme’s components.

2. The procurement rules applicable under Article 165 of the Financial Regulation shall apply

by analogy provided that in any case the procedural provisions applicable to the Union

institutions are applied.

_Article 24_

_Eligibility and participation conditions for the preservation of the security,_

_integrity and resilience of operational systems of the Union_

1. The Commission shall apply the eligibility and participation conditions set out in

paragraph 2 to the procurement, grants or prizes under this Title if it deems that this is

necessary and appropriate to preserve the security, integrity and resilience of the

operational Union systems, taking into account the objective to promote the Union's

strategic autonomy, in particular in terms of technology across key technologies and value

chains, while preserving an open economy.

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Before applying the eligibility and participation conditions in accordance with the first

subparagraph of this paragraph the Commission shall inform the Programme committee

referred to in point (e) of Article 107(1) and shall take utmost account of the

Member States’ views on the scope of application of and the justification for those

eligibility and participation conditions.

2. The eligibility and participation conditions shall be as follows:

(a) the eligible legal entity is established in a Member State and its executive

management structures are established in that Member State;

(b) the eligible legal entity commits to carry out all relevant activities in one or more

Member States; and

(c) the eligible legal entity is not to be subject to control by a third country or by a third

country entity.

For the purpose of this Article, ‘control’ means the ability to exercise a decisive influence

over a legal entity directly, or indirectly through one or more intermediate legal entities.

For the purpose of this Article, ‘executive management structure’ means the body of a

legal entity appointed in accordance with national law, and which, where applicable,

reports to the chief executive officer or any other person having comparable decisional

power, and which is empowered to establish the legal entity’s strategy, objectives and

overall direction, and oversees and monitors management decision-making.

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3. The Commission may waive the conditions under points (a) or (b) of the first subparagraph

of paragraph 2 for a particular legal entity upon evaluation based on the following

cumulative criteria:

(a) for specific technologies, goods or services needed for the activities referred to in

paragraph 1 no substitutes are readily available in the Member States;

(b) the legal entity is established in a country which is a member of the EEA or EFTA

and which has concluded an international agreement with the Union as referred to in

Article 7, its executive management structures are established in that country and the

activities linked to the procurement, grant or prize are carried out in that country or

in one or more such countries; and

(c) sufficient measures are implemented to ensure the protection of EUCI under

Article 43 and the integrity, security and resilience of the Programme’s components,

their operation and their services.

By way of derogation from point (b) of the first subparagraph of this paragraph, the

Commission may waive the conditions under points (a) or (b) of the first subparagraph of

paragraph 2 for a legal entity established in a third country which is not a member of the

EEA or EFTA if no substitutes are readily available in countries which are members of the

EEA or EFTA and the criteria set out in points (a) and (c) of the first subparagraph are met.

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4. The Commission may waive the condition under point (c) of the first subparagraph of

paragraph 2 if the legal entity established in a Member State provides the following

guarantees:

(a) control over the legal entity is not exercised in a manner that restrains or restricts its

ability to:

(i) carry out the procurement, grant or prize; and

(ii) deliver results, in particular through reporting obligations;

(b) the controlling third country or third country entity commits to refrain from

exercising any controlling rights over or imposing reporting obligations on the legal

entity in relation to the procurement, grant or prize; and

(c) the legal entity complies with Article 34(7).

5. The competent authorities of the Member State in which the legal entity is established shall

assess whether the legal entity complies with the criteria set out in point (c) of paragraph 3

and guarantees referred to in paragraph 4. The Commission shall comply with that

assessment.

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6. The Commission shall provide the following to the Programme committee referred to in

point (e) of Article 107(1):

(a) the scope of application of eligibility and participation conditions referred to in

paragraph 1 of this Article;

(b) details and justifications on the waivers granted in accordance with this Article; and

(c) the evaluation that formed the basis for a waiver, subject to paragraphs 3 and 4 of

this Article, without divulging commercially sensitive information.

7. The conditions set out in paragraph 2, the criteria set out in paragraph 3 and the guarantees

set out in paragraph 4 shall be included in the documents relating to the procurement, grant

or prize, as applicable, and, in the case of procurement, they shall apply to the full life

cycle of the resulting contract.

8. This Article is without prejudice to Decision No 1104/2011/EU and Commission

Delegated Decision of 15.9.2015 **[1]**, Regulation (EU) 2019/452, Decision 2013/488/EU and

Decision (EU, Euratom) 2015/444 and to the security vetting carried out by Member States

with regard to legal entities involved in activities requiring access to EUCI subject to the

applicable national laws and regulations.

**1** Commission Delegated Decision of 15.9.2015 supplementing Decision No 1104/2011/EU of
the European Parliament and of the Council as regards the common minimum standards to
be complied with by the competent PRS authorities C(2015) 6123.

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If contracts resulting from the application of this Article are classified, eligibility and

participation conditions applied by the Commission in accordance with paragraph 1 shall

be without prejudice to the competence of national security authorities.

This Article shall not interfere with, amend or contradict any existing Facility Security

Clearance and Personnel Security Clearance procedure within a Member State.

_Article 25_

_Protection of the financial interests of the Union_

Where a third country participates in the Programme by means of a decision adopted pursuant to an

international agreement or on the basis of any other legal instrument, the third country shall grant

the necessary rights and access required for the authorising officer responsible, OLAF and the Court

of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such

rights shall include the right to carry out investigations, including on-the-spot checks and

inspections, as provided for in Regulation (EU, Euratom) No 883/2013.

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## **TITLE IV** **GOVERNANCE OF THE PROGRAMME**

_Article 26_

_Principles of governance_

The governance of the Programme shall be based on the following principles:

(a) clear distribution of tasks and responsibilities between the entities involved in the

implementation of each of the Programme’s components and measures, in particular

between the Member States, the Commission, the Agency, ESA and EUMETSAT,

building on their respective competences and avoiding any overlap in tasks and

responsibilities;

(b) relevance of the governance structure to the specific needs of each of the Programme’s

components and measures, as appropriate;

(c) strong control of the Programme, including strict adherence to cost, schedule and

performance by all the entities, within their respective roles and tasks in accordance with

this Regulation;

(d) transparent and cost-efficient management;

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(e) service continuity and necessary infrastructure continuity, including protection from

relevant threats;

(f) systematic and structured consideration of the needs of users of the data, information and

services provided by the Programme’s components, as well as of related scientific and

technological evolutions;

(g) constant efforts to control and reduce risks.

_Article 27_

_Role of the Member States_

1. The Member States may participate in the Programme. Member States which participate in

the Programme shall contribute with their technical competence, know-how and assistance,

in particular in the field of safety and security, or, where appropriate and possible, by

making available to the Union the data, information, services and infrastructure in their

possession or located on their territory, including by ensuring an efficient and obstacle free

access and use of Copernicus in-situ data and cooperating with the Commission to improve

the availability of Copernicus in-situ data required by the Programme, taking into account

applicable licences and obligations.

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2. The Commission may entrust, by means of contribution agreements, specific tasks

to Member State organisations, where such organisations have been designated by the

Member State concerned. The Commission shall adopt the contribution decisions

regarding the contribution agreements by means of implementing acts. Those

implementing acts shall be adopted in accordance with the advisory procedure referred to

in Article 107(2).

3. In certain duly justified circumstances, for the tasks referred to in Article 29 the Agency

may entrust, by means of contribution agreements, specific tasks to Member State

organisations, where such organisations have been designated by the Member State

concerned.

4. The Member States shall take all the necessary measures to ensure the smooth functioning

of the Programme, including by helping to protect, at the appropriate level, the frequencies

required for the Programme

5. The Member States and the Commission may cooperate to widen the uptake of data,

information and services provided by the Programme’s components.

6. Whenever possible, the contribution of Member States to the User Forum referred to in

Article 107(6) shall be based on a systematic and coordinated consultation of end user

communities at national level, in particular regarding Galileo, EGNOS and Copernicus.

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7. The Member States and the Commission shall cooperate in order to develop the in-situ

component of Copernicus and ground calibration services necessary for the uptake of space

systems and to facilitate the use of Copernicus in-situ data and reference data sets to their

full potential, building on existing capacities.

8. In the field of security, the Member States shall perform the tasks referred to in

Article 34(6).

_Article 28_

_Role of the Commission_

1. The Commission shall have overall responsibility for the implementation of the

Programme, including in the field of security, without prejudice to Member States’

prerogatives in the area of national security. The Commission shall, in accordance with this

Regulation, determine the priorities and long-term evolution of the Programme, in line

with the user requirements, and shall supervise its implementation, without prejudice to

other policies of the Union.

2. The Commission shall manage any of the Programme’s components or sub-components

not entrusted to another entity, in particular GOVSATCOM, NEO sub-component, SWE

sub-component and the activities referred to in point (d) of Article 55(1).

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3. The Commission shall ensure a clear division of tasks and responsibilities between the

various entities involved in the Programme and shall coordinate the activities of those

entities. The Commission shall also ensure that all the entrusted entities involved in the

implementation of the Programme protect the interest of the Union, guarantee the sound

management of the Union’s funds and comply with the Financial Regulation and this

Regulation.

4. The Commission shall conclude with the Agency and, taking into account the 2004

Framework Agreement, ESA, an FFPA as provided for in Article 130 of the Financial

Regulation.

5. Where necessary for the smooth functioning of the Programme and the smooth provision

of the services provided by the Programme’s components, the Commission shall, by means

of implementing acts, determine the technical and operational requirements needed for the

implementation of and evolution of those components and of the services they provide

after having consulted users, including through the User Forum referred to in

Article 107(6), and other stakeholders. When determining those technical and operational

requirements, the Commission shall avoid reducing the general security level and shall

imperatively meet backwards compatibility requirements.

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 107(3).

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6. Without prejudice to the tasks of the Agency or of other entrusted entities, the Commission

shall ensure that the uptake and use of the data and services provided by the Programme’s

components is promoted and maximised in the public and private sectors, including by

supporting appropriate development of those services and user-friendly interfaces, and by

fostering a stable long-term environment. It shall develop appropriate synergies between

the applications of the Programme’s various components. It shall ensure complementarity,

consistency, synergies and links between the Programme and other Union actions and

programmes.

7. Where appropriate, the Commission shall ensure the coherence of activities performed in

the context of the Programme with activities carried out in the space domain at Union,

national or international level. It shall encourage cooperation between the Member States

and, when relevant to the Programme, facilitate convergence of their technological

capacities and developments in the space domain. To that end, the Commission shall,

where appropriate and in their respective field of competence, cooperate with the Agency

and ESA.

8. The Commission shall inform the Programme committee referred to in Article 107 of the

interim and final results of the evaluation of any procurement procedures and of any

contracts, including subcontracts, with public and private entities.

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_Article 29_

_Role of the Agency_

1. The Agency shall have the following own tasks:

(a) to ensure, through its Security Accreditation Board, the security accreditation of all

the Programme’s components in accordance with Chapter II of Title V;

(b) to perform tasks referred to in Article 34(3) and (5);

(c) to undertake communication, market development and promotion activities as

regards the services offered by Galileo and EGNOS, in particular activities relating

to the market uptake and coordination of user needs;

(d) to undertake communication, market development and promotion activities as

regards data, information and services offered by Copernicus, without prejudice to

the activities performed by other entrusted entities and the Commission;

(e) to provide expertise to the Commission, including for the preparation of the

downstream space-related research priorities.

2. The Commission shall entrust the following tasks to the Agency:

(a) managing the exploitation of EGNOS and Galileo, as provided for in Article 44;

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(b) overarching coordination of user-related aspects of GOVSATCOM in close

collaboration with Member States, relevant Union agencies, EEAS and other entities

for the purpose of crisis management missions and operations;

(c) implementing activities relating to the development of downstream applications

based on the Programme’s components and fundamental elements and integrated

applications based on the data and services provided by Galileo, EGNOS and

Copernicus, including where funding has been made available for such activities in

the context of the Horizon Europe or where necessary to fulfil the objectives referred

to in point (b) of Article 4(1);

(d) undertaking activities related to user uptake of data, information and services, offered

by the Programme’s components other than Galileo and EGNOS; without affecting

Copernicus activities and Copernicus Services entrusted to other entities;

(e) specific actions referred to in Article 6.

3. The Commission may, on the basis of the assessments referred to in Article 102(5), entrust

other tasks to the Agency, provided that they do not duplicate activities performed by other

entrusted entities in the context of the Programme and provided that they aim to improve

the efficiency of the implementation of the Programme’s activities.

4. Whenever activities are entrusted to the Agency, appropriate financial, human and

administrative resources shall be ensured for their implementation.

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5. By way of derogation from Article 62(1) of the Financial Regulation and subject to the

Commission’s assessment of the protection of the Union’s interests, the Agency may

entrust, by means of contribution agreements, specific activities to other entities, in areas

of their respective competence, under the conditions of indirect management applying to

the Commission.

_Article 30_

_Role of ESA_

1. Provided that the interest of the Union is protected, ESA shall be entrusted with the

following tasks:

(a) as regards Copernicus:

(i) coordination of the space component and of the implementation of the space

component and its evolution;

(ii) design, development and construction of the Copernicus space infrastructure,

including the operations of that infrastructure and related procurement, except

when those operations are done by other entities; and

(iii) where appropriate, provision of access to third party data;

(b) as regards Galileo and EGNOS: systems evolution and design and development of

parts of the ground segment, and of satellites, including testing and validation;

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(c) as regards all of the Programme’s components: upstream research and development

activities in ESA’s fields of expertise.

2. On the basis of an assessment by the Commission, ESA may be entrusted with other tasks

based of the needs of the Programme, provided that those tasks do not duplicate activities

performed by another entrusted entity in the context of the Programme and that they aim to

improve the efficiency of the implementation of the Programme’s activities.

3. Without prejudice to the FFPA provided for in Article 31, the Commission or the Agency

may request ESA to provide technical expertise and the information necessary to perform

the tasks which are assigned to them by this Regulation under conditions to be mutually

agreed.

_Article 31_

_The financial framework partnership agreement_

1. The FFPA referred to in Article 28(4) shall:

(a) clearly define the roles, responsibilities and obligations of the Commission, the

Agency and ESA with regard to each of the Programme’s components and necessary

coordination and control mechanisms;

(b) require that ESA applies the Union security rules defined in the security agreements

concluded between the Union, and its institutions and agencies, with ESA, in

particular with regard to the processing of classified information;

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(c) stipulate the conditions of the management of funds entrusted to ESA, particularly

with regard to public procurement, including the application of Union procurement

rules when procuring in the name and on behalf of the Union or the application of the

rules of the entrusted entity in accordance with Article 154 of the Financial

Regulation, management procedures, the expected results measured by performance

indicators, applicable measures in the event of deficient or fraudulent implementation

of the contracts in terms of costs, schedule and results, as well as the communication

strategy and the rules regarding ownership of all tangible and intangible assets; those

conditions shall be in conformity with Titles III and V of this Regulation and with

the Financial Regulation;

(d) require that, whenever a Tender Evaluation Board is established by the Agency or

ESA for a procurement performed under the FFPA, experts from the Commission

and, where relevant, from the other entrusted entity shall participate as members in

the Tender Evaluation Board meetings. Such participation shall not affect the

technical independence of the Tender Evaluation Board;

(e) establish the monitoring and control measures, which shall include, in particular:

(i) a cost forecast system;

(ii) the systematic provision of information to the Commission or, where

appropriate, to the Agency, on costs and schedule; and

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(iii) in the event of a discrepancy between the planned budgets, performance and

schedule, corrective action ensuring performance of the tasks within the

allocated budgets;

(f) establish the principles for the remuneration of ESA for each of the Programme’s

components, which shall be commensurate with the conditions under which the

actions are implemented, taking due account of situations of crisis and fragility and

which, where appropriate, shall be performance based; the remuneration shall only

cover general overheads which are associated with the activities entrusted to ESA by

the Union;

(g) provide that ESA takes appropriate measures to ensure the protection of the interests

of the Union and to comply with the decisions taken by the Commission for each of

the Programme’s components in application of this Regulation.

2. The Commission shall, by means of implementing acts, decide on the FFPA. Those

implementing acts shall be adopted in accordance with the examination procedure referred

in Article 107(3). The European Parliament and the Council shall be fully informed about

the FFPA well in advance of its conclusion and about its implementation.

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3. Under the FFPA referred to in paragraph 1 of this Article, the tasks referred to in

Article 29(2) and (3) shall be entrusted to the Agency and the tasks referred to in

Article 30(1) shall be entrusted to ESA, by means of contribution agreements. The

Commission shall, by means of implementing acts, adopt the contribution decision

regarding the contribution agreements. Those implementing acts shall be adopted in

accordance with the advisory procedure referred to in Article 107(2). The

European Parliament and the Council shall be fully informed about the contribution

agreements well in advance of their conclusion and about their implementation.

_Article 32_

_Role of EUMETSAT and other entities_

1. The Commission may entrust, in full or in part, by means of contribution agreements, the

implementation of the following tasks to entities other than those referred to in Articles 29

and 30:

(a) the upgrading, operations preparation and operation of the Copernicus space

infrastructure or parts thereof and, where appropriate, management of access to

contributing mission data, which may be entrusted to EUMETSAT;

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(b) the implementation of the Copernicus Services or parts thereof to relevant agencies,

bodies or organisations, such as the European Environment Agency, Frontex, the

European Maritime Safety Agency, the SATCEN and the European Centre for

Medium-Range Weather Forecasts; the tasks entrusted to those agencies, bodies or

organisations shall be performed in sites located in the Union; an agency, body or

organisation, already in the process of relocating its entrusted tasks to the Union,

may continue to perform those tasks in a location outside the Union for a limited

period, ending at the latest by 31 December 2023.

2. The criteria for the selection of such entrusted entities shall, in particular, reflect their

ability to ensure the continuity and, where appropriate, the security of the operations with

no disruption of the Programme’s activities.

3. Whenever possible, the conditions of the contribution agreements referred to in

paragraph 1 of this Article shall be coherent with the conditions of the FFPA referred to in

Article 31(1).

4. The Programme committee shall be consulted on the contribution decision regarding the

contribution agreement referred to in paragraph 1 of this Article in accordance with the

advisory procedure referred to in Article 107(2). The Programme committee shall be

informed in advance of the contribution agreements to be concluded by the Union,

represented by the Commission and the entities referred to in paragraph 1 of this Article.

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## **TITLE V** **SECURITY OF THE PROGRAMME** **CHAPTER I** **Security of the Programme**

_Article 33_

_Principles of security_

The security of the Programme shall be based on the following principles:

(a) to take account of the experience of the Member States in the field of security and draw

inspiration from their best practices;

(b) to use the security rules of the Council and of the Commission, which provide, inter alia,

for a separation between operational functions and those associated with accreditation.

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_Article 34_

_Governance of security_

1. The Commission shall, in its field of competence and with the support of the Agency,

ensure a high degree of security with regard, in particular, to:

(a) the protection of infrastructure, both ground and space, and of the provision of

services, particularly against physical or cyber-attacks, including interference with

data streams;

(b) the control and management of technology transfers;

(c) the development and preservation within the Union of the competences and

know-how acquired;

(d) the protection of sensitive non-classified information and classified information.

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2. For the purpose of paragraph 1 of this Article, the Commission shall ensure that a risk and

threat analysis is performed for each of the Programme’s components. Based on that

analysis, it shall determine by the end of 2023, by means of implementing acts, for each of

the Programme’s components, the general security requirements. In doing so, the

Commission shall take account of the impact of those requirements on the smooth

functioning of that component, in particular in terms of cost, risk management and

schedule, and shall ensure that the general level of security is not reduced and that the

functioning of the existing equipment based on that component is not undermined and shall

take into account cybersecurity risks. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 107(3).

After the entry into force of this Regulation, the Commission shall communicate an

indicative list of implementing acts to be submitted to and discussed by the Programme

committee in security configuration. That list shall be accompanied by an indicative

timetable for submission of those implementing acts.

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3. The entity responsible for the management of a component of the Programme shall be

responsible for the operational security of that component and shall, to that end, carry out

risk and threat analysis and all the necessary activities to ensure and monitor the security of

that component, in particular setting of technical specifications and operational procedures,

and monitor their compliance with the general security requirements referred to in

paragraph 2 of this Article. Pursuant to Article 29, for Galileo and EGNOS that entity shall

be the Agency.

4. Based on the risk and threat analysis, the Commission shall, where appropriate, identify a

structure to monitor security and to follow the instructions developed under the scope of

Decision (CFSP) 2021/… [] . The structure shall operate in accordance with the security

requirements referred to in paragraph 2. For Galileo, that structure shall be the Galileo

Security Monitoring Centre.

5. The Agency shall:

(a) ensure the security accreditation of all the Programme’s components in accordance

with Chapter II of this Title and without prejudice to the competences of the

Member States;

 OJ: please insert in the text the number of the Decision contained in the document
ST 10108/19.

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(b) ensure the operation of the Galileo Security Monitoring Centre in accordance with

the requirements referred to in paragraph 2 of this Article and the instructions

developed under the scope of Decision (CFSP) 2021/… [] ;

(c) perform the tasks assigned to it under Decision No 1104/2011/EU;

(d) provide the Commission with its technical expertise and supply any information

necessary for the performance of its tasks under this Regulation.

6. To ensure the protection of the ground infrastructures which form an integral part of the

Programme and which are located on their territory the Member States shall:

(a) take measures which are at least equivalent to those necessary for:

(i) the protection of European critical infrastructures within the meaning of

Council Directive 2008/114/EC **[1]** ; and

(ii) the protection of their own national critical infrastructures;

(b) perform the security accreditation tasks referred to in Article 42 of this Regulation.

 OJ: please insert in the text the number of the Decision contained in the document
ST 10108/19.
**1** Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of
European critical infrastructures and the assessment of the need to improve their protection
(OJ L 345, 23.12.2008, p. 75).

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7. The entities involved in the Programme shall take all the necessary measures, including in

light of the issues identified in the risk analysis, to ensure the security of the Programme.

_Article 35_

_Security of systems and services deployed_

Whenever the security of the Union or its Member States may be affected by the operation of the

systems, the procedures set out in Decision (CFSP) 2021/… [] shall apply.

## **CHAPTER II** **Security accreditation**

_Article 36_

_Security Accreditation Authority_

The Security Accreditation Board established within the Agency shall be the security accreditation

authority for all of the Programme’s components.

 OJ: please insert in the text the number of the Decision contained in the document
ST 10108/19.

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_Article 37_

_General principles of security accreditation_

Security accreditation activities for all of the Programme’s components shall be conducted in

accordance with the following principles:

(a) security accreditation activities and decisions shall be undertaken in a context of collective

responsibility for the security of the Union and of the Member States;

(b) efforts shall be made for decisions within the Security Accreditation Board to be reached

by consensus;

(c) security accreditation activities shall be carried out using a risk assessment and

management approach, considering risks to the security of the component concerned as

well as the impact on cost or schedule of any measure to mitigate the risks, taking into

account the objective not to lower the general level of security of that component;

(d) decisions of the Security Accreditation Board on security accreditation shall be prepared

and taken by professionals who are duly qualified in the field of accrediting complex

systems, have an appropriate level of security clearance and who act objectively;

(e) efforts shall be made to consult all relevant parties with an interest in security issues for the

component concerned;

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(f) security accreditation activities shall be carried out by all relevant stakeholders of the

component concerned in accordance with a security accreditation strategy, without

prejudice to the role of the Commission;

(g) decisions of the Security Accreditation Board on security accreditation shall, following the

process defined in the relevant security accreditation strategy defined by that Board, be

based on local decisions on security accreditation taken by the respective national security

accreditation authorities of the Member States;

(h) a permanent, transparent and fully understandable monitoring process shall ensure that the

security risks for the component concerned are known, that security measures are defined

to reduce such risks to an acceptable level, in view of the security needs of the Union and

of its Member States, and for the smooth running of the component and that those

measures are applied in accordance with the concept of defence in depth. The effectiveness

of such measures shall be continuously evaluated. The process relating to security risk

assessment and management shall be conducted as an iterative process jointly by the

stakeholders of the component concerned;

(i) the Security Accreditation Board shall take decisions on security accreditation in a strictly

independent manner, including with regard to the Commission and the other bodies

responsible for the implementation of the component concerned and for the provision of

related services, and with regard to the Executive Director and the Administrative Board of

the Agency;

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(j) security accreditation activities shall be carried out with due regard for the need for

adequate coordination between the Commission and the authorities responsible for

implementing security rules;

(k) the security accreditation of EGNOS performed by the Security Accreditation Board shall

be without prejudice to the accreditation activities performed, for aviation, by the European

Aviation Safety Agency.

_Article 38_

_Tasks of the Security Accreditation Board_

1. The Security Accreditation Board shall perform its tasks without prejudice to the

responsibilities of the Commission or to those entrusted to the Agency’s other bodies, in

particular for matters relating to security, and without prejudice to the competences of the

Member States as regards security accreditation.

2. The Security Accreditation Board shall have the following tasks:

(a) defining and approving a security accreditation strategy which sets out:

(i) the scope of the activities necessary to perform and maintain the accreditation

of the Programme’s components or parts of those components and any

interconnections between them and other systems or components;

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(ii) a security accreditation process for the Programme’s components or parts of

those components, with a degree of detail commensurate with the required

level of assurance and clearly stating the accreditation conditions;

(iii) the role of relevant stakeholders involved in the accreditation process;

(iv) an accreditation schedule that complies with the phases of the Programme’s

components, in particular as regards the deployment of infrastructure, service

provision and evolution;

(v) the principles of security accreditation for networks connected to systems set

up under the Programme’s components or for parts of those components, and

for equipment connected to systems established by those components, which

shall be performed by the national entities of the Member States competent in

security matters;

(b) taking decisions on security accreditation, in particular on the approval of satellite

launches, the authorisation to operate the systems set up under the Programme’s

components or the elements of those components in their different configurations and

for the various services they provide, up to and including the signal in space, and the

authorisation to operate the ground stations.

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(c) taking decisions concerning the networks and the equipment connected to the PRS

service referred to in Article 45, or connected to any other secure service stemming

from the Programme’s components, only on the authorisation of bodies to develop or

manufacture sensitive PRS technologies, PRS receivers or PRS security modules, or

any other technology or equipment which has to be checked under the general

security requirements referred to in Article 34(2), taking into account the advice

provided by national entities competent in security matters and the overall security

risks;

(d) examining and, except as regards documents which the Commission is to adopt

under Article 34(2) of this Regulation and Article 8 of Decision No 1104/2011/EU,

approving all documentation relating to security accreditation;

(e) advising, within its field of competence, the Commission on the production of draft

texts for acts referred to in Article 34(2) of this Regulation and Article 8 of Decision

No 1104/2011/EU, including for the establishment of security operating procedures,

and providing a statement with its concluding position;

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(f) examining and approving the security risk assessment drawn up in accordance with

the monitoring process referred to in point (h) of Article 37 of this Regulation, taking

into account compliance with the documents referred to in point (c) of this paragraph

and those drawn up in accordance with Article 34(2) of this Regulation, and with

Article 8 of Decision No 1104/2011/EU; and cooperating with the Commission to

define risk mitigation measures;

(g) checking the implementation of security measures in relation to the security

accreditation of the Programme’s components by undertaking or sponsoring security

assessments, inspections, audits or reviews, in accordance with Article 42(2) of this

Regulation;

(h) endorsing the selection of approved products and measures which protect against

electronic eavesdropping (TEMPEST) and of approved cryptographic products used

to provide security for the Programme’s components;

(i) approving or, where relevant, participating in the joint approval, together with the

relevant entities competent in security matters, of the interconnection between the

systems established under the Programme’s components or under parts of those

components and other systems;

(j) agreeing with the relevant Member State on the template for access control referred

to in Article 42(4);

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(k) preparing risk reports and informing the Commission, the Administrative Board and

the Executive Director of its risk assessment and advising them on residual risk

treatment options for a given decision on security accreditation;

(l) assisting, in close liaison with the Commission, the Council and the High

Representative, with the implementation of Decision (CFSP) 2021/… [] upon a

specific request from the Council or the High Representative;

(m) carrying out consultations which are necessary to perform its tasks;

(n) adopting and publishing its rules of procedure.

3. Without prejudice to the powers and responsibilities of the Member States, a special

subordinate body representing the Member States shall be set up under the supervision of

the Security Accreditation Board to perform in particular the following tasks:

(a) the management of the Programme flight keys;

(b) the verification, monitoring and assessment of the establishment and enforcement of

procedures for accounting, secure handling, storage, distribution and disposal of the

PRS keys of Galileo.

 OJ: please insert in the text the number of the Decision contained in the document
ST 10108/19.

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_Article 39_

_Composition of the Security Accreditation Board_

1. The Security Accreditation Board shall be composed of a representative of each

Member State, a representative of the Commission and a representative of the High

Representative. The term of office of the members of the Security Accreditation Board

shall be four years and shall be renewable.

2. Participation in Security Accreditation Board meetings shall be on a need-to-know-basis.

Where appropriate, representatives of ESA and representatives of the Agency not involved

in security accreditation may be invited to attend the meetings of the Security

Accreditation Board as observers. On an exceptional basis, representatives of Union

Agencies, third countries or international organisations may also be invited to attend

meetings of the Security Accreditation Board as observers for matters directly relating to

those third countries or international organisations, especially matters concerning the

infrastructure belonging to them or established on their territory. Arrangements for such

participation of representatives of third countries or international organisations and the

condition for such participation shall be laid down in the relevant agreements and shall

comply with the rules of procedure of the Security Accreditation Board.

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_Article 40_

_Voting rules of the Security Accreditation Board_

If consensus according to the general principle referred to in point (b) of Article 37 of this

Regulation cannot be reached, the Security Accreditation Board shall take decisions on the basis of

qualified majority voting, in accordance with Article 16 TEU. The representative of the

Commission and the representative of the High Representative shall not vote. The Chairperson of

the Security Accreditation Board shall sign, on behalf of the Security Accreditation Board, the

decisions adopted by the Security Accreditation Board.

_Article 41_

_Communication and impact of decisions of the Security Accreditation Board_

1. The decisions of the Security Accreditation Board shall be addressed to the Commission.

2. The Commission shall keep the Security Accreditation Board continuously informed of the

impact of any decisions envisaged by the Security Accreditation Board on the proper

conduct of the Programme’s components and of the implementation of residual risk

treatment plans. The Security Accreditation Board shall take note of any such information

received from the Commission.

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3. The Commission shall keep the European Parliament and the Council informed, without

delay, of the impact of the adoption of the decisions on security accreditation on the proper

conduct of the Programme’s components. If the Commission considers that a decision

taken by the Security Accreditation Board could have a significant effect on the proper

conduct of those components, for example in terms of costs, schedule or performance, it

shall immediately inform the European Parliament and the Council.

4. The Administrative Board shall be kept periodically informed of the evolution of the work

of the Security Accreditation Board.

5. The timetable for the work of the Security Accreditation Board shall not hamper the

timetable of activities provided in the work programme referred to in Article 100.

_Article 42_

_Role of the Member States in security accreditation_

1. Member States shall transmit to the Security Accreditation Board all information they

consider relevant for the purposes of security accreditation.

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2. In agreement with and under the supervision of national entities competent in security

matters, Member States shall permit duly authorised persons appointed by the Security

Accreditation Board to have access to any information and to any areas and sites related to

the security of systems falling within their jurisdiction, in accordance with their national

laws and regulations, including for the purposes of security inspections, audits and tests as

decided by the Security Accreditation Board and of the security risk monitoring process

referred to in point (h) of Article 37. That access shall be without any discrimination on the

grounds of nationality against nationals of Member States.

3. Audits and tests referred to in paragraph 2 shall be performed in accordance with the

following principles:

(a) the importance of security and effective risk management within the entities

inspected shall be emphasised;

(b) countermeasures to mitigate the specific impact of loss of confidentiality, integrity or

availability of classified information shall be recommended.

4. Each Member State shall be responsible for devising a template for access control, which

outlines or lists the areas or sites to be accredited. The template for access control shall be

agreed in advance between the Member States and the Security Accreditation Board,

thereby ensuring that the same level of access control is being provided by all

Member States.

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5. Member States shall be responsible, at local level, for the accreditation of the security of

sites that are located within their territory and form part of the security accreditation area

for the Programme’s components, and report, to this end, to the Security Accreditation

Board.

## **CHAPTER III** **Protection of classified information**

_Article 43_

_Protection of classified information_

1. The exchange of classified information related to the Programme shall be subject to the

existence of an international agreement between the Union and a third country or

international organisation on the exchange of classified information or, where applicable,

an arrangement entered into by the competent Union institution or body and the relevant

authorities of a third country or international organisation on the exchange of classified

information, and to the conditions laid down therein.

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2. Natural persons resident in and legal persons established in third countries may deal with

EUCI regarding the Programme only where they are subject, in those third countries, to

security regulations ensuring a degree of protection at least equivalent to that provided by

the Commission’s rules on security set out in Decision (EU, Euratom) 2015/444 and by the

security rules of the Council set out in the Annexes to Decision 2013/488/EU. The

equivalence of the security regulations applied in a third country or international

organisation shall be defined in a security of information agreement, including, if relevant,

industrial security matters, concluded between the Union and that third country or

international organisation in accordance with the procedure provided for in Article 218

TFEU and taking into account Article 13 of Decision 2013/488/EU.

3. Without prejudice to Article 13 of Decision 2013/488/EU and to the rules governing the

field of industrial security as set out in Decision (EU, Euratom) 2015/444, a natural person

or legal person, third country or international organisation may be given access to EUCI

where deemed necessary on a case-by-case basis, according to the nature and content of

such information, the recipient’s need-to-know and the degree of advantage to the Union.

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## **TITLE VI** **Galileo and EGNOS**

_Article 44_

_Eligible actions_

The exploitation of Galileo and EGNOS shall cover the following eligible actions:

(a) the management, operation, maintenance, continuous improvement, evolution and

protection of space-based infrastructure, including upgrades and obsolescence

management;

(b) the management, operation, maintenance, continuous improvement, evolution and

protection of the ground-based infrastructure, in particular ground-based centres and

stations referred to in Implementing Decision (EU) 2016/413 or Commission

Implementing Decision (EU) 2017/1406 **[1]**, networks, including upgrades and obsolescence

management;

(c) the development of future generations of the systems and the evolution of the services

provided by Galileo and EGNOS, including by taking into account the needs of relevant

stakeholders; this shall not affect future decisions on the Union financial perspectives;

**1** Commission Implementing Decision (EU) 2017/1406 of 31 July 2017 determining the
location of the ground-based infrastructure of the EGNOS system (OJ L 200, 1.8.2017, p. 4).

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(d) support the development of Galileo and EGNOS downstream applications and the

development and evolution of fundamental technological elements, such as

Galileo-enabled chipsets and receivers;

(e) the support of certification and standardisation activities related to Galileo and EGNOS, in

particular in the transport sector;

(f) the continuous provision of the services provided by Galileo and EGNOS and, in

complementarity with Member States and private sector initiatives, the market

development of those services, in particular in order to maximise the socio-economic

benefits referred to in point (b) of Article 4(1);

(g) cooperation with other regional or global satellite navigation systems, including to

facilitate compatibility and interoperability;

(h) elements to monitor the reliability of the systems and their exploitation, and the

performance of the services;

(i) activities related to the provision of services and to the coordination of the extension of

their coverage.

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_Article 45_

_Services provided by Galileo_

1. The services provided by Galileo shall comprise:

(a) a Galileo open service (GOS), which shall be free of charge for users and shall

provide positioning and synchronisation information intended mainly for

high-volume satellite navigation applications for use by consumers;

(b) a high-accuracy service (HAS), which shall be free of charge for users and shall

provide, through additional data disseminated in a supplementary frequency band,

high-accuracy positioning and synchronisation information intended mainly for

satellite navigation applications for professional or commercial use;

(c) a signal authentication service (SAS), based on the encrypted codes contained in the

signals, intended mainly for satellite navigation applications for professional or

commercial use;

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(d) a public regulated service (PRS), which shall be restricted to government-authorised

users for sensitive applications which require a high level of service continuity,

including in the area of security and defence, using strong, encrypted signals; it shall

be free of charge for the Member States, the Council, the Commission, EEAS and,

where appropriate, duly authorised Union agencies; the question of whether to

charge the other PRS participants referred to in Article 2 of Decision

No 1104/2011/EU shall be assessed on a case-by-case basis and appropriate

provisions shall be specified in the agreements concluded pursuant to Article 3(5) of

that Decision; access to PRS shall be regulated in accordance with Decision

No 1104/2011/EU;

(e) an emergency service (ES), which shall be free of charge for users and shall

broadcast, through emitting signals, warnings regarding natural disasters or other

emergencies in particular areas; where appropriate, it shall be provided in

cooperation with Member States national civil protection authorities;

(f) a timing service (TS), which shall be free of charge for users and shall provide an

accurate and robust reference time, as well as realisation of the coordinated universal

time, facilitating the development of timing applications based on Galileo and the use

in critical applications.

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2. Galileo shall also contribute to:

(a) the search and rescue support service (SAR) of the COSPAS-SARSAT system by

detecting distress signals transmitted by beacons and relaying messages to them via a

return link;

(b) integrity-monitoring services standardised at the Union or international level for use

by safety-of-life services, on the basis the signals of Galileo open service and in

combination with EGNOS and other satellite navigation systems;

(c) space weather information via the GNSS Service Centre as referred to in

Implementing Decision (EU) 2016/413 and early warning services via the Galileo

ground-based infrastructure, intended mainly to reduce the potential risks to users of

the services provided by Galileo and other GNSSs related to space.

_Article 46_

_Services provided by EGNOS_

1. The services provided by EGNOS shall comprise:

(a) an EGNOS open service (EOS), which shall be free of direct user charges and shall

provide positioning and synchronisation information intended mainly for

high-volume satellite navigation applications for use by consumers;

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(b) EGNOS data access service (EDAS), which shall be free of direct user charges and

shall provide positioning and synchronisation information intended mainly for

satellite navigation applications for professional or commercial use, offering

improved performance and data with greater added value than those obtained through

the EOS;

(c) a safety-of-life (SoL) service, which shall be free of direct user charges and shall

provide positioning and time synchronisation information with a high level of

continuity, availability and accuracy, including an integrity message alerting users to

any failure in, or out-of-tolerance signals emitted by, Galileo and other GNSSs which

EGNOS augments in the coverage area, intended mainly for users for whom safety is

essential, in particular in the sector of civil aviation for the purpose of air navigation

services, in accordance with ICAO standards, or other transport sectors.

2. The services referred to in paragraph 1 shall be provided as a priority on the territory of all

Member States geographically located in Europe, including for that purpose Cyprus, the

Azores, the Canary Islands and Madeira, by the end of 2026.

3. The geographical coverage of EGNOS may be extended to other regions of the world, in

particular to the territories of candidate countries, of third countries associated with the

Single European Sky and of third countries in the European Neighbourhood Policy, subject

to technical feasibility and in conformity with security requirements referred to in

Article 34(2), and, for the SoL service, on the basis of international agreements.

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4. The cost of the extension of the geographical coverage of EGNOS under paragraph 3 of

this Article, including the related operating costs specific to these regions, shall not be

covered by the budget referred to in Article 11. The Commission shall consider other

programmes or instrument to finance such activities. Such extension shall not delay the

offering of the services referred to in paragraph 1 of this Article throughout the territory of

Member States geographically located in Europe.

_Article 47_

_Implementing measures for Galileo and EGNOS_

Where necessary for the smooth functioning of Galileo and EGNOS and their adoption by the

market, the Commission shall, by means of implementing acts, lay down, where necessary,

measures required to:

(a) manage and reduce the risks inherent in the operation of Galileo and EGNOS, in particular

to ensure service continuity;

(b) specify the key decision stages to monitor and evaluate the implementation of Galileo and

EGNOS;

(c) determine the location of the centres belonging to the ground-based infrastructure of

Galileo and EGNOS in accordance with security requirements, following an open and

transparent process, and ensure their operation;

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(d) determine the technical and operational specifications relating to the services referred to in

points (c), (e) and (f) of Article 45(1) and point (c) of Article 45(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to

in Article 107(3).

_Article 48_

_Compatibility, interoperability and standardisation_

1. Galileo and EGNOS, and the services which they provide, shall be compatible and

interoperable from a technical point of view, including at user level.

2. Galileo and EGNOS, and the services which they provide, shall be compatible and

interoperable with other satellite navigation systems and with conventional means of radio

navigation, where the necessary compatibility and interoperability requirements and

conditions thereof are laid down in international agreements.

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## **TITLE VII** **Copernicus** **CHAPTER I** **General provisions**

_Article 49_

_Scope of Copernicus_

1. Copernicus shall be implemented building on prior investments, including by stakeholders

such as ESA and EUMETSAT and, where appropriate and cost-effective, drawing on the

national or regional capacities of Member States and taking into account the capacities of

commercial suppliers of comparable data and information and the need to foster

competition and market development, while maximising opportunities for European users.

2. Copernicus shall deliver data and information building on the needs of the Copernicus

users and based on a free, full and open data policy.

3. Copernicus shall support the formulation, implementation and monitoring of the Union’s

and its Member States’ policies in particular in the fields of the environment, climate

change, marine, maritime, atmosphere, agriculture and rural development, preservation of

cultural heritage, civil protection, infrastructure monitoring, safety and security, as well as

the digital economy with the aim to further reduce the administrative burden.

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4. Copernicus shall comprise the following elements:

(a) data acquisition, which shall include:

(i) development and operations of the Copernicus Sentinels;

(ii) access to third party space-based Earth observation data;

(iii) access to in-situ and other ancillary data;

(b) data and information processing through Copernicus Services, which shall include

activities for the generation of value-added information to support environmental

monitoring, reporting and compliance assurance, civil protection and security

services;

(c) data access and distribution, which shall include infrastructure and services to ensure

the discovery, viewing, access to, distribution and exploitation and long-term

preservation of Copernicus data and Copernicus information, in a user-friendly

manner;

(d) user uptake, market development and capacity building in accordance with

Article 28(6), which shall include relevant activities, resources and services to

promote Copernicus, Copernicus data and Copernicus Services, as well as related

downstream applications and their development at all levels to maximise

socio-economic benefits, as referred to in Article 4(1), as well as the collection and

analysis of Copernicus users’ needs.

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5. Copernicus shall promote the international coordination of observation systems and related

exchanges of data in order to strengthen its global dimension and complementarity taking

account of international agreements and coordination processes.

## **CHAPTER II** **Eligible actions**

_Article 50_

_Eligible actions for data acquisition_

Eligible actions under Copernicus shall cover:

(a) actions to provide enhanced continuity of existing Copernicus Sentinel missions and to

develop, launch, maintain and operate further Copernicus Sentinels expanding the

observation scope, giving priority in particular to observation capacities for monitoring

anthropogenic CO 2 and other greenhouse gas emissions, allowing for monitoring polar

regions and enabling innovative environmental applications in agriculture, forest, water

and marine resources management, and cultural heritage;

(b) actions to provide access to Copernicus third-party data and information necessary to

generate Copernicus Services or for use by the Union’s institutions, agencies, decentralised

services and, where appropriate and cost-effective, national or regional public bodies;

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(c) actions to provide and coordinate access to Copernicus in-situ and other ancillary data

necessary for the generation, calibration and validation of Copernicus data and Copernicus

information, including where appropriate and cost-effective the use of existing national

capacities and avoiding duplications.

_Article 51_

_Eligible actions for Copernicus services_

1. Eligible actions under the Copernicus Services shall include:

(a) environmental monitoring, reporting and compliance assurance services covering:

(i) atmosphere monitoring on a global level to provide information on air quality,

with a particular focus at European level, and on the composition of the

atmosphere;

(ii) marine environment monitoring to provide information on the state and

dynamics of ocean, sea and coastal ecosystems, their resources and use;

(iii) land monitoring and agriculture to provide information on land cover, land use

and land use change, cultural heritage sites, ground motion, urban areas, inland

water quantity and quality, forests, agriculture and other natural resources,

biodiversity and cryosphere;

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(iv) climate change monitoring to provide information on anthropogenic CO 2 and

other greenhouse gas emissions and absorptions, essential climate variables,

climate reanalyses, seasonal forecasts, climate projections and attribution,

information on the changes in the polar regions and the Arctic, as well as

indicators at relevant temporal and spatial scales;

(b) emergency management service to provide information in support of and in

coordination with public authorities concerned with civil protection, supporting civil

protection and emergency response operations (improving early warning activities

and crisis response capacities), and prevention and preparedness actions (risk and

recovery analyses) in relation to different types of disasters;

(c) security service to support surveillance within the Union and at its external borders,

maritime surveillance, Union external action responding to security challenges facing

the Union and Common Foreign and Security Policy objectives and actions.

2. The Commission, supported where relevant by external independent expertise, shall ensure

the relevance of the Copernicus Services by:

(a) validating the technical feasibility and fitness for purpose of the requirements

expressed by the user communities;

(b) assessing the means and solutions, proposed or executed, to meet the requirements of

the user communities and the objectives of the Programme.

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_Article 52_

_Eligible actions for data and information access and distribution_

1. Copernicus shall include actions to provide enhanced access to all Copernicus data and

Copernicus information and, where appropriate, provide additional infrastructure and

services to foster the distribution, access and use of those data and information.

2. Where Copernicus data or Copernicus information are considered to be security sensitive

within the meaning of Articles 12 to 16 of Delegated Regulation (EU) No 1159/2013, the

Commission may entrust the procurement, the supervision of the acquisition, the access to

and the distribution of those data and information to one or more fiduciary entities. Such

entities shall set up and maintain a registry of accredited users and grant access to the

restricted data through a segregated workflow.

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## **CHAPTER III** **Copernicus data policy**

_Article 53_

_Copernicus data and Copernicus information policy_

1. Copernicus data and Copernicus information shall be provided to Copernicus users under

the following free, full and open data policy:

(a) Copernicus users may, on a free and worldwide basis, reproduce, distribute,

communicate to the public, adapt, and modify all Copernicus data and Copernicus

information and combine them with other data and information;

(b) the free, full and open data policy shall include the following limitations:

(i) the formats, timeliness and dissemination characteristics of Copernicus data

and Copernicus information shall be pre-defined;

(ii) the licensing conditions of Copernicus third-party data and information used in

the production of Copernicus information shall be abided by where applicable;

(iii) the security limitations resulting from the general security requirements

referred to in Article 34(2);

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(iv) the protection against the risk of disruption of the system producing or making

available Copernicus data and Copernicus information and of the data itself

shall be ensured;

(v) the protection of reliable access to Copernicus data and Copernicus information

for European users shall be ensured.

2. The Commission shall adopt delegated acts in accordance with Article 105 to supplement

the specific provisions set out in paragraph 1 of this Article as regards the specifications

and conditions and procedures for the access to and use of Copernicus data and Copernicus

information.

3. Where imperative grounds of urgency so require, the procedure provided for in Article 106

shall apply to delegated acts adopted pursuant to this Article.

4. The Commission shall issue licences and notices for access and use of Copernicus data and

Copernicus information, including attribution clauses, in compliance with the Copernicus

data policy as set out in this Regulation and applicable delegated acts adopted pursuant to

paragraph 2.

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## **TITLE VIII** **OTHER COMPONENTS OF THE PROGRAMME** **CHAPTER I** **SSA**

### **SECTION 1** **SST SUB - COMPONENT**

_Article 54_

_Scope of SST sub-component_

1. The SST sub-component shall support the following activities:

(a) the establishment, development and operation of a network of ground-based and

space-based SST sensors of the Member States, including sensors developed through

ESA or the Union private sector, and nationally operated Union sensors, to survey

and track space objects and to produce a European catalogue of space objects;

(b) the processing and analysis of SST data at national level in order to produce SST

information and SST services referred to in Article 55(1);

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(c) the provision of the SST services referred to in Article 55(1) to the SST users

referred to in Article 56;

(d) monitoring and seeking synergies with initiatives promoting development and

deployment of technologies for spacecraft disposal at the end of operational lifetime

and of technological systems for the prevention and elimination of space debris, as

well as with the international initiatives in the area of the space traffic management.

2. The SST sub-component shall also provide technical and administrative support to ensure

the transition between the Programme and the SST support framework established by

Decision No 541/2014/EU.

_Article 55_

_SST services_

1. SST services shall comprise:

(a) the risk assessment of collision between spacecraft or between spacecraft and space

debris and the potential generation of collision avoidance alerts during the phases of

launch, early orbit, orbit raising, in-orbit operations and disposal phases of spacecraft

missions;

(b) the detection and characterisation of in-orbit fragmentations, break-ups or collisions;

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(c) the risk assessment of the uncontrolled re-entry of space objects and space debris into

the Earth’s atmosphere and the generation of related information, including the

estimation of the timeframe and likely location of possible impact;

(d) the development of activities in preparation of:

(i) space debris mitigation in order to reduce their generation; and

(ii) space debris remediation by managing the existing space debris.

2. SST services shall be free of charge, available at any time without interruption and adapted

to the needs of the SST users referred to in Article 56.

3. Member States participating in the SST sub-component, the Commission and, where

relevant, the SST Front desk referred to in Article 59(1), shall not be held liable for:

(a) damage resulting from the lack of or interruption in the provision of SST services;

(b) delay in the provision of SST services;

(c) inaccuracy of the information provided through the SST services;

(d) action undertaken in response to the provision of SST services.

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_Article 56_

_SST users_

1. Union SST users shall comprise:

(a) SST core users: Member States, the EEAS, the Commission, the Council, the

Agency as well as public and private spacecraft owners and operators established in

the Union;

(b) SST non-core users: other public and private entities established in the Union.

SST core users shall have access to all SST services referred to in Article 55(1).

SST non-core users may have access to SST services referred to in points (b), (c) and (d) of

Article 55(1).

2. International SST users shall comprise third countries, international organisations which do

not have their headquarters in the Union and private entities which are not established in

the Union. They shall have access to SST services referred to in point (d) of Article 55(1)

under the following conditions:

(a) third countries and international organisations which do not have their headquarters

in the Union may have access to SST services pursuant to Article 8(2);

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(b) private entities which are not established in the Union may have access to SST

services subject to an international agreement concluded by the Union, in accordance

with Article 8(2), with the third country in which they are established granting them

that access.

No international agreement shall be required to access publicly available SST services

referred to in points (a), (b) and (c) of Article 55(1).

3. The Commission may adopt, by means of implementing acts, detailed provisions

concerning the access to SST services and relevant procedures. Those implementing acts

shall be adopted in accordance with the examination procedure referred to in

Article 107(3).

_Article 57_

_Participation of Member States in the SST sub-component_

1. Member States wishing to participate in the provision of SST services referred to in

Article 55(1) covering all orbits shall submit a single joint proposal to the Commission

demonstrating compliance with the following criteria:

(a) ownership of, or access to, either adequate SST sensors available for the SST

sub-component and human resources to operate them, or adequate operational

analysis and data processing capabilities specifically designed for SST and available

for the SST sub-component;

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(b) initial security risk assessment of each SST asset performed and validated by the

relevant Member State;

(c) an action plan taking into account the coordination plan adopted under Article 6 of

Decision No 541/2014/EU, for the implementation of the activities set out in

Article 54 of this Regulation;

(d) the distribution of the different activities among the Expert Teams as designated

pursuant to Article 58 of this Regulation;

(e) the rules on the sharing of data necessary for achieving the objectives referred to in

Article 4 of this Regulation.

As concerns criteria set out in points (a) and (b) of the first subparagraph, each

Member State wishing to participate in the provision of SST services shall demonstrate

compliance with those criteria separately.

As concerns criteria set out in points (c), (d) and (e) of the first subparagraph, all

Member States wishing to participate in the provision of SST services shall demonstrate

compliance with those criteria collectively.

2. The criteria referred to in points (a) and (b) of the first subparagraph of paragraph 1 of this

Article shall be deemed to be fulfilled by the Member States participating in the SST

sub-component whose designated national entities are members of the Consortium

established under Article 7(3) of Decision No 541/2014/EU as of …  the date of entry into

force of this Regulation  .

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3. Where no joint proposal has been submitted in accordance with paragraph 1 or where the

Commission considers that a joint proposal thus submitted does not comply with the

criteria referred to in paragraph 1, at least five Member States may submit a new joint

proposal to the Commission, demonstrating compliance with the criteria referred to in

paragraph 1.

4. The Commission may adopt, by means of implementing acts, the detailed provisions

concerning the procedures and elements referred to in paragraphs 1 to 3 of this Article.

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 107(3).

_Article 58_

_Organisational framework of Member States’ participation_

_in the SST sub-component_

1. Each Member State which has submitted a joint proposal that has been found compliant by

the Commission in accordance with Article 57(1) or that has been selected by the

Commission pursuant to the procedure referred to in Article 57(3) shall designate a

Constituting National Entity established on its territory to represent it. The designated

Constituting National Entity shall be a Member State public authority or a body entrusted

with the exercise of such public authority.

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2. The Constituting National Entities designated pursuant to paragraph 1 of this Article shall

conclude an agreement creating an SST partnership (‘SST partnership agreement’) and

laying down the rules and mechanisms for their cooperation in implementing the activities

referred to in Article 54. In particular, the SST partnership agreement shall include the

elements mentioned in points (c), (d) and (e) of Article 57(1) and the establishment of a

risk management structure to ensure the implementation of the provisions on the use and

secure exchange of SST data and SST information.

3. The Constituting National Entities shall develop Union SST services of high quality in

accordance with a multiannual plan, relevant key performance indicators and users’

requirements, on the basis of the activities of the Expert Teams referred to in paragraph 6

of this Article. The Commission may adopt, by means of implementing acts, the

multiannual plan and the key performance indicators. Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 107(3).

4. The Constituting National Entities shall network existing and possible future sensors to

operate them in a coordinated and optimised way with a view to establishing and

maintaining an up-to-date common European catalogue, without affecting Member States’

prerogatives in the area of national security.

5. Member States participating in the SST sub-component shall perform security

accreditation on the basis of the general security requirements referred to in Article 34(2).

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6. Expert Teams shall be designated by the Member States participating in the SST

sub-component to be in charge of specific issues related to the different SST activities. The

Expert Teams shall be permanent, managed and staffed by the Constituting National

Entities of the Member States which designated them and may include experts from every

Constituting National Entity.

7. The Constituting National Entities and Expert Teams shall ensure the protection of SST

data, SST information and SST services.

8. The Commission shall adopt, by means of implementing acts, detailed rules on the

functioning of the organisational framework of the participation of Member States in the

SST sub-component. Those rules shall also cover for the inclusion at a later stage of a

Member State in the SST partnership by becoming a party to the SST partnership

agreement referred to in paragraph 2 of this Article. Those implementing acts shall be

adopted in accordance with the examination procedure referred to in Article 107(3).

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_Article 59_

_SST Front desk_

1. The Commission, taking into account the recommendation of the Constituting National

Entities, shall select the SST Front Desk on the basis of the best expertise in security issues

and in service provision. The SST Front desk shall:

(a) provide the necessary secure interfaces to centralise, store and make available SST

information to SST users referred to in Article 56, ensuring their adequate handling

and traceability;

(b) provide reporting on the performance of the SST services to the SST partnership

referred to in Article 58(2) and the Commission;

(c) gather the necessary feedback for the SST partnership referred to in Article 58(2) to

ensure the required alignment of services with SST users’ expectations;

(d) support, promote and encourage the use of the SST services.

2. The Constituting National Entities shall conclude the necessary implementing

arrangements with the SST Front Desk.

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### **SECTION II** **SWE AND NEO SUB - COMPONENTS**

_Article 60_

_SWE activities_

1. The SWE sub-component may support the following activities:

(a) the assessment and identification of the needs of the users in the sectors identified in

point (b) of paragraph 2, with the aim of setting out SWE services to be provided;

(b) the provision of SWE services to the SWE services’ users, according to the identified

users needs and technical requirements.

2. SWE services shall be available at any time without interruption. The Commission shall

select those services, by means of implementing acts, in accordance with the following

rules:

(a) the Commission shall prioritise the SWE services to be provided at Union level

according to the needs of SWE users, the technological readiness of the services and

the result of a risk assessment;

(b) SWE services may contribute to civil protection activities and to the protection of a

wide range of sectors such as space, transport, GNSSs, electric power grids and

communications.

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Those implementing acts shall be adopted in accordance with the advisory procedure

referred to in Article 107(2).

3. The selection of public or private entities to provide SWE services shall be performed

through a call for tenders.

_Article 61_

_NEO activities_

1. The NEO sub-component may support the following activities:

(a) the mapping of Member States’ capacities for detecting and monitoring near-Earth

objects;

(b) the promotion of the networking of Member States’ facilities and research centres;

(c) the development of the service referred to in paragraph 2;

(d) the development of a routine rapid response service able to characterise newly

discovered near-Earth objects;

(e) the creation of a European catalogue of near-Earth objects.

2. The Commission, in its field of competence, may put in place procedures to coordinate,

with the involvement of the appropriate UN bodies, the actions of the Union and national

public authorities concerned with civil protection in the event a near-Earth object is found

to be approaching Earth.

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## **CHAPTER II** **GOVSATCOM**

_Article 62_

_Scope of GOVSATCOM_

Under the GOVSATCOM component, satellite communication capacities and services shall be

combined into a common Union pool of satellite communication capacities and services, with

appropriate security requirements. This component comprises:

(a) the development, construction and the operations of the ground segment infrastructure;

referred to in Article 67 and possible space infrastructure referred to in Article 102(2);

(b) the procurement of governmental and commercial satellite communication capacities,

services, and user equipment necessary for the provision of GOVSATCOM services;

(c) measures necessary to further interoperability and standardisation of GOVSATCOM user

equipment.

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_Article 63_

_GOVSATCOM capacities and services_

1. The provision of GOVSATCOM capacities and services shall be ensured as laid down in

the service portfolio referred to in paragraph 3 of this Article and in accordance with the

operational requirements referred to in paragraph 2 of this Article, GOVSATCOM specific

security requirements referred to in Article 34(2) and within the limits of the sharing and

prioritisation rules referred to in Article 66.

Access to GOVSATCOM capacities and services shall be free of charge for institutional

and governmental GOVSATCOM users unless the Commission defines a pricing policy in

accordance with Article 66(2).

2. The Commission shall adopt, by means of implementing acts, the operational requirements

for GOVSATCOM services, in the form of technical specifications for GOVSATCOM

use-cases related in particular to crisis management, surveillance and key infrastructure

management, including diplomatic communication networks. Those operational

requirements shall be based on the detailed analysis of the requirements of GOVSATCOM

users and shall take into account requirements stemming from existing user equipment and

networks. Those implementing acts shall be adopted in accordance with the examination

procedure referred to in Article 107(3).

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3. The Commission shall adopt, by means of implementing acts, the service portfolio for

GOVSATCOM services, in the form of a list of categories of satellite communication

capacities and services and their attributes, including geographical coverage, frequency,

bandwidth, user equipment, and security features. The service portfolio shall take into

consideration existing commercially available services in order not to distort competition

in the internal market. Those implementing acts shall be regularly updated and shall be

based on the operational and security requirements referred to in paragraph 1 of this Article

and shall prioritise services provided to users according to their relevance and criticality.

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 107(3).

4. GOVSATCOM users shall have access to the GOVSATCOM capacities and services listed

in the service portfolio referred to in paragraph 3 of this Article. That access shall be

provided through the GOVSATCOM Hubs referred to in Article 67(1).

_Article 64_

_Providers of satellite communication capacities and services_

Satellite communication capacities and services under GOVSATCOM may be provided by the

following entities:

(a) GOVSATCOM participants as referred to in Article 68; and

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(b) legal persons duly accredited to provide satellite communication capacities or services in

accordance with the security accreditation procedure referred to in Article 37, which shall

be done in compliance with the general security requirements for the GOVSATCOM

component, as referred to in Article 34(2).

_Article 65_

_GOVSATCOM users_

1. The following entities may be GOVSATCOM users provided that they are entrusted with

tasks relating to the supervision and management of emergency and security-critical

missions, operations and infrastructures:

(a) a Union or Member State public authority or a body entrusted with the exercise of

such public authority;

(b) a natural or legal person acting on behalf of and under the control of an entity

referred to under point (a) of this paragraph.

2. GOVSATCOM users referred to in paragraph 1 of this Article shall be duly authorised by

a GOVSATCOM participant referred to in Article 68 to use GOVSATCOM capacities and

services and shall comply with the general security requirements referred to in

Article 34(2), defined for GOVSATCOM.

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_Article 66_

_Sharing and prioritisation_

1. Pooled satellite communication capacities, services and user equipment shall be shared and

prioritised between GOVSATCOM participants referred to in Article 68 on the basis of an

analysis of safety and security risks of the users. Such analysis shall take into account

existing communication infrastructure and availability of existing capabilities as well as

their geographical coverage, at Union and national level. That sharing and prioritisation

shall prioritise GOVSATCOM users according to their relevance and criticality.

2. The Commission shall adopt, by means of implementing acts, the detailed rules on the

sharing and prioritisation of satellite communication capacities, services, and user

equipment, taking into account expected demand for the different GOVSATCOM

use-cases, the analysis of security risks for those use-cases and, where appropriate,

cost-efficiency.

By defining a pricing policy in those rules, the Commission shall ensure that the provision

of GOVSATCOM capacities and services does not distort the market and that there is no

shortage of GOVSATCOM capacities.

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 107(3).

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3. The sharing and prioritisation of satellite communication capacities and services between

GOVSATCOM users which are authorised by the same GOVSATCOM participant shall

be determined and implemented by that GOVSATCOM participant.

_Article 67_

_Ground segment infrastructure and operation_

1. The ground segment shall include infrastructure necessary to enable the provision of

services to GOVSATCOM users in accordance with Article 66, particularly the

GOVSATCOM Hubs which shall be procured under this component to connect

GOVSATCOM users with providers of satellite communication capacities and services.

The ground segment and its operation shall comply with the general security requirements

referred to in Article 34(2), defined for GOVSATCOM.

2. The Commission shall determine, by means of implementing acts, the location of the

ground segment infrastructure. Those implementing acts shall be adopted in accordance

with the examination procedure referred to in Article 107(3), and shall be without

prejudice to the right of a Member State to decide not to host any such infrastructure.

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_Article 68_

_GOVSATCOM participants and competent authorities_

1. Member States, the Council, the Commission and the EEAS shall be GOVSATCOM

participants insofar as they authorise GOVSATCOM users, or provide satellite

communication capacities, ground segment sites or part of the ground segment facilities.

Where the Council, the Commission or the EEAS authorise GOVSATCOM users, or

provide satellite communication capacities, ground segment sites or part of the ground

segment facilities, on the territory of a Member State, such authorisation or provision shall

not contravene neutrality or non-alignment provisions stipulated in the constitutional law

of that Member State.

2. Union agencies may become GOVSATCOM participants only insofar as necessary to fulfil

their tasks and in accordance with detailed rules laid down in an administrative

arrangement concluded between the agency concerned and the Union institution that

supervises it.

3. Third countries and international organisations may become GOVSATCOM participants in

accordance with Article 7.

4. Each GOVSATCOM participant shall designate one competent GOVSATCOM authority.

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5. A competent GOVSATCOM authority shall ensure that:

(a) the use of services is in compliance with the applicable security requirements;

(b) the access rights for GOVSATCOM users are determined and managed;

(c) user equipment and associated electronic communication connections and

information are used and managed in accordance with applicable security

requirements;

(d) a central point of contact is established to assist as necessary in the reporting of

security risks and threats, in particular the detection of potentially harmful

electromagnetic interference affecting the services under this component.

_Article 69_

_Monitoring of supply and demand for GOVSATCOM_

In order to optimise the balance between supply and demand for GOVSATCOM services, the

Commission shall continuously monitor the evolution of supply, including existing GOVSATCOM

capacities in orbit for pooling and sharing, and demand for GOVSATCOM capacities and services,

taking into account new risks and threats, as well as new developments in technology.

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## **TITLE IX** **THE EUROPEAN UNION AGENCY** **FOR THE SPACE PROGRAMME** **CHAPTER I** **General provisions relating to the Agency**

_Article 70_

_Legal status of the Agency_

1. The Agency shall be a body of the Union. It shall have legal personality.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity

accorded to legal persons under their national laws. It may, in particular, acquire or dispose

of movable and immovable property and be a party to legal proceedings.

3. The Agency shall be represented by its Executive Director.

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_Article 71_

_Seat and local offices of the Agency_

1. The seat of the Agency is located in Prague, Czechia.

2. Staff of the Agency may be located in one of the Galileo or EGNOS ground-based centres

referred to in Implementing Decision (EU) 2016/413 or (EU) 2017/1406, to execute

Programme activities provided for in the relevant agreement.

3. Depending on the needs of the Programme, local offices may be established in the

Member States in accordance with the procedure laid down in Article 79(2).

## **CHAPTER II** **Organisation of the Agency**

_Article 72_

_Administrative and management structure_

1. The Agency’s administrative and management structure shall comprise:

(a) the Administrative Board;

(b) the Executive Director;

(c) the Security Accreditation Board.

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2. The Administrative Board, the Executive Director and the Security Accreditation Board

shall cooperate to ensure the operation of the Agency and coordination in accordance with

the procedures determined by the Agency’s internal rules, such as the rules of procedure of

the Administrative Board, the rules of procedure of the Security Accreditation Board, the

financial rules applicable to the Agency, the implementing rules of the Staff Regulations of

Officials of the European Union (‘Staff Regulations’) and the rules governing access to

documents.

_Article 73_

_Administrative Board_

1. The Administrative Board shall be composed of one representative from each

Member State, and three representatives of the Commission, all with voting rights. The

Administrative Board shall also include one member designated by the

European Parliament, with no voting rights.

2. The Chairperson or the Deputy Chairperson of the Security Accreditation Board, a

representative of the Council, a representative of the High Representative and a

representative of ESA shall be invited to attend the meetings of the Administrative Board

as observers for matters related directly to them, under the conditions laid down in the

rules of procedure of the Administrative Board.

3. Each member of the Administrative Board shall have an alternate member. The alternate

member shall represent the member in his or her absence.

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4. Each Member State shall nominate a member and an alternate member of the

Administrative Board taking account of their knowledge in the field of the Agency’s tasks

and relevant managerial, administrative and budgetary skills. In order to ensure continuity

of the Administrative Board’s activities, the European Parliament, the Commission and the

Member States shall endeavour to limit changes of their representatives on the

Administrative Board. All parties shall aim to achieve a balanced representation between

men and women on the Administrative Board.

5. The term of office of the members of the Administrative Board and their alternates shall be

four years and shall be renewable.

6. Where appropriate, the participation of representatives of third countries or international

organisations and the conditions for such participation shall be established in the

agreements referred to in Article 98 and shall comply with the rules of procedure of the

Administrative Board. Those representatives shall have no voting rights.

_Article 74_

_Chairperson of the Administrative Board_

1. The Administrative Board shall elect a Chairperson and a Deputy Chairperson from among

its members having voting rights. The Deputy Chairperson shall automatically replace the

Chairperson if he or she is prevented from attending to his or her duties.

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2. The term of office of the Chairperson and of the Deputy Chairperson shall be two years,

and shall be renewable once. Each term of office shall end when that person ceases to be a

member of the Administrative Board.

3. The Administrative Board shall have the power to dismiss the Chairperson, the Deputy

Chairperson or both of them.

_Article 75_

_Meetings of the Administrative Board_

1. Meetings of the Administrative Board shall be convened by its Chairperson.

2. The Executive Director shall take part in the deliberations of the Administrative Board,

unless the Chairperson decides otherwise. The Executive Director shall not have the right

to vote.

3. The Administrative Board shall hold ordinary meetings on a regular basis, at least twice a

year. In addition, it shall meet on the initiative of its Chairperson or at the request of at

least one third of its members.

4. The Administrative Board may invite any person whose opinion may be of interest to

attend its meetings as an observer. The members of the Administrative Board may, subject

to its rules of procedure, be assisted by advisers or experts.

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5. Where discussion concerns the use of sensitive national infrastructure, the representatives

of Member States and the representatives of the Commission may attend the meetings and

deliberations of the Administrative Board, on a need-to-know basis. However, only those

representatives of Member States which possess such infrastructure and the representatives

of the Commission are to take part in voting. Where the Chairperson of the Administrative

Board does not represent one of the Member States which possess such infrastructure, he

or she shall be replaced by the representatives of Member States which possess such

infrastructure. The rules of procedure of the Administrative Board shall set out the

situations in which this procedure may apply.

6. The Agency shall provide the secretariat of the Administrative Board.

_Article 76_

_Voting rules of the Administrative Board_

1. Unless this Regulation provides otherwise, the Administrative Board shall take its

decisions by a majority of its voting members.

A majority of two thirds of all voting members shall be required for the election and

dismissal of the Chairperson and Deputy Chairperson of the Administrative Board and for

the adoption of the budget, work programmes, approval of arrangements referred to in

Article 98(2), security rules of the Agency, adoption of the rules of procedure, for the

establishment of local offices and for the approval of the hosting agreements referred to in

Article 92.

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2. Each representative of the Member States and of the Commission shall have one vote. In

the absence of a member with the right to vote, his or her alternate shall be entitled to

exercise his or her right to vote. Decisions based on point (a) of Article 77(2), except for

matters under Chapter II of Title V, or on Article 77(5), shall only be adopted with a

favourable vote of the representatives of the Commission.

3. The rules of procedure of the Administrative Board shall establish more detailed voting

arrangements, in particular the conditions for a member to act on behalf of another member

as well as any quorum requirements as appropriate.

_Article 77_

_Tasks of the Administrative Board_

1. The Administrative Board shall ensure that the Agency carries out the work entrusted to it,

under the conditions set out in this Regulation, and shall take any necessary decision to that

end. This shall not affect the competences entrusted to the Security Accreditation Board for

the activities under Chapter II of Title V.

2. The Administrative Board shall also:

(a) adopt, by 15 November each year, the Agency’s work programme for the following

year after incorporating, without any change, the section drafted by the Security

Accreditation Board, in accordance with point (b) of Article 80, and after having

received the Commission’s opinion;

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(b) adopt, by 30 June of the first year of the multiannual financial framework provided

for under Article 312 TFEU, the multiannual work programme of the Agency for the

period covered by that multiannual financial framework after incorporating, without

any change, the section drafted by the Security Accreditation Board in accordance

with point (a) of Article 80 of this Regulation and after having received the

Commission’s opinion. The European Parliament shall be consulted on the

multiannual work programme, provided that the purpose of the consultation is an

exchange of views and the outcome is not binding on the Agency.

(c) perform the budgetary functions laid down in Article 84(5), (6), (10) and (11);

(d) oversee the operation of the Galileo Security Monitoring Centre as referred to in

point (b) of Article 34(5);

(e) adopt arrangements to implement Regulation (EC) No 1049/2001 of the

European Parliament and of the Council **[1]**, in accordance with Article 94 of this

Regulation;

(f) approve the arrangements referred to in Article 98, after consulting the Security

Accreditation Board on the provisions of the arrangements concerning security

accreditation;

**1** Regulation (EC) No 1049/2001 of the European Parliament and of the Council of
30 May 2001 regarding public access to European Parliament, Council and Commission
documents (OJ L 145, 31.5.2001, p. 43).

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(g) adopt the technical procedures necessary to perform its tasks;

(h) adopt the annual report on the activities and prospects of the Agency, having

incorporated, without any change, the section drafted by the Security Accreditation

Board in accordance with point (c) of Article 80 and forward it to the

European Parliament, the Council, the Commission and the Court of Auditors

by 1 July each year;

(i) ensure adequate follow-up to the findings and recommendations arising from the

evaluations and audits referred to in Article 102, as well as those arising from

investigations conducted by OLAF and all internal or external audit reports, and

forward all information relevant to the outcome of the evaluation procedures to the

budgetary authority;

(j) be consulted by the Executive Director on the FFPA referred to in Article 31 and

contribution agreements referred to in Article 27(3) and Article 29(5) before they are

signed;

(k) adopt the security rules of the Agency as referred to in Article 96;

(l) approve an anti-fraud strategy, on the basis of a proposal from the Executive

Director;

(m) where necessary and on the basis of proposals from the Executive Director, approve

the organisational structures referred to in point (l) of Article 79(1);

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(n) appoint an Accounting Officer, who may be the Commission’s Accounting Officer,

who shall be:

(i) subject to the Staff Regulations and the Conditions of Employment of Other

Servants of the Union (‘Conditions of Employment’), laid down in Council

Regulation (EEC, Euratom, ECSC) No 259/68 **[1]** ; and

(ii) totally independent in the performance of his or her duties;

(o) adopt and publish its rules of procedure.

3. With regard to the Agency’s staff, the Administrative Board shall exercise the powers

conferred by the Staff Regulations on the appointing authority and by the Conditions of

Employment on the authority empowered to conclude employment contracts (the ‘powers

of the appointing authority’).

The Administrative Board shall adopt, in accordance with the procedure provided for in

Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff

Regulations and on Article 6 of the Conditions of Employment delegating the relevant

powers of the appointing authority to the Executive Director and defining the conditions

under which this delegation of powers can be suspended. The Executive Director shall

report back to the Administrative Board on the exercise of those delegated powers. The

Executive Director shall be authorised to sub-delegate those powers.

**1** OJ L 56, 4.3.1968, p. 1.

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In application of the second subparagraph of this paragraph, where exceptional

circumstances so require, the Administrative Board may, by decision, temporarily suspend

the delegation of the powers of the appointing authority to the Executive Director and

those subdelegated by the Executive Director and exercise them itself or delegate them to

one of its members or to a staff member other than the Executive Director.

By way of derogation from the second subparagraph of this paragraph, the Administrative

Board shall be required to delegate to the Chairperson of the Security Accreditation Board

the powers referred to in the first subparagraph with regard to the recruitment, assessment

and reclassification of staff involved in the activities under Chapter II of Title V and the

disciplinary measures to be taken with regard to such staff.

The Administrative Board shall adopt the implementing measures of the Staff Regulations

and the Conditions of Employment in accordance with the procedure laid down in

Article 110 of the Staff Regulations. It shall first consult the Security Accreditation Board

and duly take into account its observations with regard to the recruitment, assessment and

reclassification of the staff involved in the activities under Chapter II of Title V of this

Regulation and the relevant disciplinary measures to be taken.

The Administrative Board shall also adopt a decision laying down rules on the secondment

of national experts to the Agency. Before adopting that decision, the Administrative Board

shall consult the Security Accreditation Board with regard to the secondment of national

experts involved in the security accreditation activities under Chapter II of Title V and

shall duly take account of its observations.

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4. The Administrative Board shall appoint the Executive Director and may extend or end his

or her term of office pursuant to Article 89.

5. Except in respect of activities undertaken in accordance with Chapter II of Title V, the

Administrative Board shall exercise disciplinary authority over the Executive Director in

relation to his or her performance, in particular as regards security matters falling within

the Agency’s competence.

_Article 78_

_Executive Director_

1. The Agency shall be managed by its Executive Director. The Executive Director shall be

accountable to the Administrative Board.

This paragraph shall not affect the autonomy or independence of the Security Accreditation

Board and of the Agency staff under its supervision in accordance with Article 82 and the

powers granted to the Security Accreditation Board and the Chairperson of the Security

Accreditation Board in accordance with Articles 38 and 81 respectively.

2. Without prejudice to the powers of the Commission and the Administrative Board, the

Executive Director shall be independent in the performance of his or her duties and shall

neither seek nor take instructions from any government or from any other body.

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_Article 79_

_Tasks of the Executive Director_

1. The Executive Director shall perform the following tasks:

(a) represent the Agency and sign the agreements referred to in Article 27(3),

Article 29(5) and Article 31;

(b) prepare the work of the Administrative Board and participate, without having the

right to vote, in the work of the Administrative Board, subject to the second

subparagraph of Article 75(2);

(c) implement the decisions of the Administrative Board;

(d) prepare the multiannual and annual work programmes of the Agency and submit

them to the Administrative Board for approval, with the exception of the parts

prepared and adopted by the Security Accreditation Board in accordance with points

(a) and (b) of Article 80;

(e) implement the multiannual and annual work programmes, with the exception of the

parts implemented by the Chairperson of the Security Accreditation Board;

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(f) prepare a progress report on the implementation of the annual work programme and,

where relevant, of the multiannual work programme for each meeting of the

Administrative Board, incorporating, without any change, the section prepared by the

Chairperson of the Security Accreditation Board;

(g) prepare the annual report on the activities and prospects of the Agency with the

exception of the section prepared and approved by the Security Accreditation Board

in accordance with point (c) of Article 80 concerning the activities under Title V, and

submit it to the Administrative Board for approval;

(h) handle the day-to-day administration of the Agency and take all necessary measures

to ensure the functioning of the Agency in accordance with this Regulation,

including the adoption of internal administrative instructions and the publication of

notices;

(i) draw up a draft statement of estimates of revenue and expenditure for the Agency in

accordance with Article 84 and implement the budget in accordance with Article 85;

(j) ensure that the Agency, as the operator of the Galileo Security Monitoring Centre, is

able to respond to instructions provided under Decision (CFSP) 2021/… [] and to

fulfil its role as referred to in Article 6 of Decision No 1104/2011/EU;

 OJ: please insert in the text the number of the Decision contained in the document
ST 10108/19.

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(k) ensure the circulation of all relevant information, in particular as regards security,

within the Agency structure referred to in Article 72(1);

(l) determine, in close cooperation with the Chairperson of the Security Accreditation

Board for matters relating to security accreditation activities under Chapter II of Title

V, the organisational structures of the Agency and submit them to the Administrative

Board for approval; those structures shall reflect the specific characteristics of the

Programme’s various components;

(m) with regard to the Agency’s staff, exercise the powers of the appointing authority

referred to in the first subparagraph of Article 77(3) to the extent that those powers

have been delegated to him or her in accordance with the second subparagraph of

Article 77(3);

(n) ensure that secretarial services and all the resources necessary for their proper

functioning are provided to the Security Accreditation Board, the bodies referred to

in Article 38(3) and Article 82(3) and the Chairperson of the Security Accreditation

Board;

(o) with the exception of the section of the action plan concerning the activities under

Chapter II of Title V, prepare an action plan for ensuring the follow-up of the

findings and recommendations of the evaluations referred to in Article 102 and, after

having incorporated, without any change, the section drafted by the Security

Accreditation Board, submit a twice-yearly progress report to the Commission,

which shall also be submitted to the Administrative Board for information;

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(p) take the following measures to protect the financial interests of the Union:

(i) preventive measures against fraud, corruption or any other illegal activity and

making use of effective supervisory measures;

(ii) recover sums unduly paid where irregularities are detected and, where

appropriate, apply effective, proportionate and dissuasive administrative and

financial penalties;

(q) draw up an anti-fraud strategy for the Agency that is proportionate to the risk of

fraud, having regard to a cost-benefit analysis of the measures to be implemented and

taking into account findings and recommendations arising from OLAF investigations

and submit it to the Administrative Board for approval;

(r) provide reports to the European Parliament on the performance of his or her duties

when invited to do so; the Council may invite the Executive Director to report on the

performance of his or her duties.

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2. The Executive Director shall decide whether it is necessary to locate one or more members

of staff in one or more Member States for the purpose of carrying out the Agency’s tasks in

an efficient and effective manner. Before deciding to establish a local office the Executive

Directive shall obtain the prior approval of the Commission, the Administrative Board and

the Member State(s) concerned. The decision shall specify the scope of the activities to be

carried out at the local office in a manner that avoids unnecessary costs and duplication of

administrative functions of the Agency. Where possible, the impact in terms of staff

allocation and budget shall be incorporated in the draft single programming document

referred to in Article 84(6).

_Article 80_

_Management tasks of the Security Accreditation Board_

Apart from the tasks referred to in Article 38, the Security Accreditation Board shall, as part of the

management of the Agency:

(a) prepare and approve that part of the multiannual work programme concerning the

operational activities under Chapter II of Title V and the financial and human resources

needed to accomplish those activities, and submit it to the Administrative Board in good

time for it to be incorporated into the multiannual work programme;

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(b) prepare and approve that part of the annual work programme concerning the operational

activities under Chapter II of Title V and the financial and human resources needed to

accomplish those activities, and submit it to the Administrative Board in good time for it to

be incorporated into the annual work programme;

(c) prepare and approve that part of the annual report concerning the Agency’s activities and

prospects under Chapter II of Title V and the financial and human resources needed to

accomplish those activities and prospects, and submit it to the Administrative Board in

good time for it to be incorporated into the annual report.

_Article 81_

_The Chairperson of the Security Accreditation Board_

1. The Security Accreditation Board shall elect a Chairperson and a Deputy Chairperson from

among its members by a two-thirds majority of all members with the right to vote. Where a

two-thirds majority has not been achieved following two meetings of the Security

Accreditation Board, a simple majority shall be required.

2. The Deputy Chairperson shall automatically replace the Chairperson if the Chairperson is

unable to attend to his or her duties.

3. The Security Accreditation Board shall have the power to dismiss the Chairperson, the

Deputy Chairperson or both of them. It shall adopt the decision to dismiss by a two-thirds

majority.

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4. The term of office of the Chairperson and of the Deputy Chairperson of the Security

Accreditation Board shall be two years, renewable once. Each term of office shall end

when that person ceases to be a member of the Security Accreditation Board.

_Article 82_

_Organisational aspects of the Security Accreditation Board_

1. The Security Accreditation Board shall have access to all the human and material resources

required to perform its tasks independently. It shall have access to any information useful

for the performance of its tasks in the possession of the other bodies of the Agency,

without prejudice to the principles of autonomy and independence referred to in point (i) of

Article 37.

2. The Security Accreditation Board and the Agency staff under its supervision shall perform

their work in a manner ensuring autonomy and independence in relation to the other

activities of the Agency, in particular operational activities associated with the exploitation

of the systems, in accordance with the objectives of the Programme’s various components.

A member of the Agency’s staff under the supervision of the Security Accreditation Board

shall not at the same time be assigned to other tasks within the Agency.

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To that end, an effective organisational segregation shall be established within the Agency

between the staff involved in activities under Chapter II of Title V and the other staff of the

Agency. The Security Accreditation Board shall immediately inform the Executive

Director, the Administrative Board and the Commission of any circumstances that could

hamper its autonomy or independence. In the event that no remedy is found within the

Agency, the Commission shall examine the situation, in consultation with the relevant

parties. On the basis of the outcome of that examination, the Commission shall take

appropriate mitigation measures to be implemented by the Agency and shall inform the

European Parliament and the Council thereof.

3. The Security Accreditation Board shall set up special subordinate bodies, acting on its

instructions, to deal with specific issues. In particular, while ensuring necessary continuity

of work, it shall set up a panel to conduct security analysis reviews and tests and produce

the relevant risk reports in order to assist it in preparing its decisions. The Security

Accreditation Board may set up and disband expert groups to contribute to the work of the

panel.

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_Article 83_

_Tasks of the Chairperson of the Security Accreditation Board_

1. The Chairperson of the Security Accreditation Board shall ensure that the Board carries out

its security accreditation activities independently and shall perform the following tasks:

(a) manage security accreditation activities under the supervision of the Security

Accreditation Board;

(b) implement the part of the Agency’s multiannual and annual work programmes under

Chapter II of Title V under the supervision of the Security Accreditation Board;

(c) cooperate with the Executive Director to help to draw up the draft establishment plan

referred to in Article 84(4) and the organisational structures of the Agency;

(d) prepare the section of the progress report concerning the operational activities under

Chapter II of Title V, and submit it to the Security Accreditation Board and the

Executive Director in good time for it to be incorporated into the progress report;

(e) prepare the section of the annual report and of the action plan, concerning the

operational activities under Chapter II of Title V, and submit it to the Executive

Director in good time;

(f) represent the Agency for the activities and decisions under Chapter II of Title V;

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(g) with regard to the Agency’s staff involved in the activities under Chapter II of Title

V, exercise the powers referred to in the first subparagraph of Article 77(3),

delegated to him or her in accordance with the fourth subparagraph of Article 77(3).

2. For activities under Chapter II of Title V, the European Parliament and the Council may

call upon the Chairperson of the Security Accreditation Board for an exchange of views

before those institutions on the work and prospects of the Agency, including with regard to

the multiannual and annual work programmes.

## **CHAPTER III** **Financial provisions relating to the Agency**

_Article 84_

_The Agency’s budget_

1. Without prejudice to other resources and dues, the revenue of the Agency shall include a

Union contribution entered in Union budget in order to ensure a balance between revenue

and expenditure. The Agency may receive ad hoc grants from the Union budget.

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2. The expenditure of the Agency shall cover staff, administrative and infrastructure

expenditure, operating costs and expenditure associated with the functioning of the

Security Accreditation Board, including the bodies referred to in Article 38(3) and

Article 82(3), and the contracts and agreements concluded by the Agency in order to

accomplish the tasks entrusted to it.

3. Revenue and expenditure shall be in balance.

4. The Executive Director shall, in close collaboration with the Chairperson of the Security

Accreditation Board for activities under Chapter II of Title V, draw up a draft statement of

estimates of revenue and expenditure for the Agency for the next financial year, making

clear the distinction between those elements of the draft statement of estimates which

relate to security accreditation activities and those relating to the Agency’s other activities.

The Chairperson of the Security Accreditation Board may write a statement on that draft

and the Executive Director shall forward both the draft statement of estimates and the

statement to the Administrative Board and the Security Accreditation Board, together with

a draft establishment plan.

5. Each year, based on the draft statement of estimates of revenue and expenditure and in

close cooperation with the Security Accreditation Board for activities under Chapter II of

Title V, the Administrative Board shall draw up the statement of estimates of revenue and

expenditure for the Agency for the next financial year.

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6. By 31 January each year, the Administrative Board shall forward a draft single

programming document including inter alia a statement of estimates, a draft establishment

plan and a provisional annual work programme to the Commission and to the third

countries or international organisations with which the Agency has entered into

arrangements in accordance with Article 98.

7. The Commission shall forward the statement of estimates of revenue and expenditure to

the European Parliament and to the Council (the ‘budgetary authority’) together with the

draft general budget of the European Union.

8. On the basis of the statement of estimates, the Commission shall enter in the draft general

budget of the European Union the estimates it deems necessary for the establishment plan

and the amount of the subsidy to be charged to the general budget. The Commission is to

submit the draft general budget to the budgetary authority in accordance with Article 314

TFEU.

9. The budgetary authority shall authorise the appropriations for the contribution to the

Agency and shall adopt the establishment plan for the Agency.

10. The budget shall be adopted by the Administrative Board. It shall become final following

final adoption of the general budget of the European Union. Where necessary, the budget

shall be adjusted accordingly.

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11. The Administrative Board shall, as soon as possible, notify the budgetary authority of its

intention to implement any project which would have significant financial implications for

the funding of the budget, in particular any projects relating to property such as the rental

or purchase of buildings. It shall inform the Commission thereof.

12. Where an arm of the budgetary authority has notified its intention to deliver an opinion, it

shall forward its opinion to the Administrative Board within a period of six weeks from the

date of notification of the project.

_Article 85_

_Implementation of the Agency’s budget_

1. The Executive Director shall implement the Agency’s budget.

2. Each year, the Executive Director shall communicate to the budgetary authority all the

information needed for the exercise of their evaluation duties.

_Article 86_

_Presentation of the Agency’s accounts and discharge_

The presentation of the Agency’s provisional and final accounts and the discharge shall follow the

rules and timetable of the Financial Regulation and of the framework financial regulation for the

bodies referred to in Article 70 of the Financial Regulation.

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_Article 87_

_Financial provisions relating to the Agency_

The financial rules applicable to the Agency shall be adopted by the Administrative Board after

consulting the Commission. Those rules shall not depart from the framework financial regulation

for the bodies referred to in Article 70 of the Financial Regulation unless such a departure is

specifically required for the Agency’s operation and the Commission has given its prior consent.

## **CHAPTER IV** **The Agency’s human resources**

_Article 88_

_The Agency’s staff_

1. The Staff Regulations, the Conditions of Employment and the rules adopted jointly by the

institutions of the Union for the purposes of the application of those Staff Regulations and

Conditions of Employment shall apply to the staff employed by the Agency.

2. The staff of the Agency shall consist of servants recruited by the Agency as necessary to

perform its tasks. They shall have security clearance appropriate to the classification of the

information they handle.

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3. The Agency’s internal rules, such as the rules of procedure of the Administrative Board,

the rules of procedure of the Security Accreditation Board, the financial rules applicable to

the Agency, the rules implementing the Staff Regulations and the rules for access to

documents, shall ensure the autonomy and independence of staff performing the security

accreditation activities vis-à-vis staff performing the other activities of the Agency,

pursuant to point (i) of Article 37.

_Article 89_

_Appointment and term of office of the Executive Director_

1. The Executive Director shall be recruited as a temporary member of staff of the Agency in

accordance with point (a) of Article 2 of the Conditions of Employment.

The Executive Director shall be appointed by the Administrative Board on grounds of

merit and documented administrative and managerial skills, as well as relevant competence

and experience, from a list of at least three candidates proposed by the Commission, after

an open and transparent competition, following the publication of a call for expressions of

interest in the _Official Journal of the European Union_ or elsewhere.

The candidate selected by the Administrative Board for the post of Executive Director may

be invited at the earliest opportunity to make a statement before the European Parliament

and to answer questions from its members.

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The Chairperson of the Administrative Board shall represent the Agency for the purpose of

concluding the contract of the Executive Director.

The Administrative Board shall take its decision to appoint the Executive Director by a

two-thirds majority of its members.

2. The term of office of the Executive Director shall be five years. At the end of that term of

office, the Commission shall carry out an assessment of the performance of the Executive

Director, taking into account the future tasks and challenges facing the Agency.

On the basis of a proposal from the Commission, taking into account the assessment

referred to in the first subparagraph, the Administrative Board may extend the term of

office of the Executive Director once for a period of up to five years.

Any decision to extend the term of office of the Executive Director shall be adopted by a

two-thirds majority of the members of the Administrative Board.

An Executive Director whose term of office has been extended shall not thereafter take

part in a selection procedure for the same post.

The Administrative Board shall inform the European Parliament of its intention to extend

the term of office of the Executive Director. Before the extension, the Executive Director

may be invited to make a statement before the relevant committees of the

European Parliament and answer their members’ questions.

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3. The Administrative Board may dismiss the Executive Director, on the basis of a proposal

by the Commission or of one third of its members, by means of a decision adopted by a

two-thirds majority of its members.

4. The European Parliament and the Council may call upon the Executive Director for an

exchange of views before those institutions on the work and prospects of the Agency,

including with regard to the multiannual and annual work programmes. That exchange of

views shall not touch upon matters relating to the security accreditation activities under

Chapter II of Title V.

_Article 90_

_Secondment of national experts to the Agency_

The Agency may employ national experts from Member States, as well as, pursuant to

Article 98(2), national experts from third countries and international organisations participating in

the work of the Agency. Those experts shall have security clearance appropriate to the classification

of the information they handle, pursuant to Article 43(2). The Staff Regulations and the Conditions

of Employment shall not apply to such staff.

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## **CHAPTER V** **Other provisions**

_Article 91_

_Privileges and immunities_

Protocol No 7 on the Privileges and Immunities of the European Union annexed to the TEU and to

the TFEU shall apply to the Agency and its staff.

_Article 92_

_Headquarters agreement and local offices hosting agreements_

1. Necessary arrangements concerning the accommodation to be provided for the Agency in

the host Member State where the seat of the Agency is located and the facilities to be made

available by that Member State together with the specific rules applicable in the host

Member State to the Executive Director, members of the Administrative Board, Agency

staff and members of their families shall be laid down in a headquarters agreement. The

headquarters agreement shall be concluded between the Agency and the Member State

concerned where the seat of the Agency is located, after obtaining the approval of the

Administrative Board.

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2. Where necessary for the operation of a local office of the Agency, established in

accordance with Article 79(2), a hosting agreement between the Agency and the

Member State concerned where the local office is located shall be concluded after

obtaining the approval of the Administrative Board.

3. The Agency’s host Member States shall provide the best possible conditions to ensure the

smooth and efficient functioning of the Agency, including multilingual, European-oriented

schooling and appropriate transport connections.

_Article 93_

_Linguistic arrangements for the Agency_

1. Council Regulation No 1 **[1]** shall apply to the Agency.

2. The translation services required for the functioning of the Agency shall be provided by the

Translation Centre for the Bodies of the European Union.

_Article 94_

_Policy on access to documents held by the Agency_

1. Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.

**1** Council Regulation No 1 of 15 April 1958 determining the languages to be used by the
European Economic Community (OJ 17, 6.10.1958, p. 385).

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2. The Administrative Board shall adopt arrangements for implementing Regulation (EC)

No 1049/2001.

3. Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001

may be the subject of a complaint to the Ombudsman or an action before the Court of

Justice of the European Union, under Articles 228 and 263 TFEU respectively.

_Article 95_

_Fraud prevention by the Agency_

1. In order to facilitate combating fraud, corruption and other unlawful activities under

Regulation (EU, Euratom) No 883/2013, the Agency shall, within six months from the day

it becomes operational, accede to the Interinstitutional Agreement of 25 May 1999

concerning internal investigations by the European Anti-fraud Office (OLAF) **[1]** and adopt

appropriate provisions applicable to all employees of the Agency using the model decision

set out in the Annex to that Agreement.

2. The European Court of Auditors shall have the power of audit, on the basis of documents

and on the spot, over all grant beneficiaries, contractors and subcontractors that have

received Union funds from the Agency.

**1** OJ L 136, 31.5.1999, p. 15.

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3. OLAF may carry out investigations, including on-the-spot checks and inspections with a

view to establishing whether there has been fraud, corruption or any other illegal activity

affecting the financial interests of the Union in connection with a grant or a contract

funded by the Agency, in accordance with the provisions and procedures laid down in

Regulation (Euratom, EC) No 2185/96 and in Regulation (EU, Euratom) No 883/2013.

4. Cooperation agreements with third countries and international organisations, contracts,

grant agreements and grant decisions of the Agency shall contain provisions expressly

empowering the European Court of Auditors and OLAF to conduct such audits and

investigations, according to their respective competences. This shall not affect

paragraphs 1, 2 and 3.

_Article 96_

_Protection of EUCI or sensitive non-classified information by the Agency_

The Agency shall, subject to prior consultation of the Commission, adopt its own security rules

equivalent to the Commission’s security rules for protecting EUCI and sensitive non-classified

information, including rules concerning the exchange, processing and storage of such information,

in accordance with Decisions (EU, Euratom) 2015/443 and (EU, Euratom) 2015/444.

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_Article 97_

_Liability of the Agency_

1. The contractual liability of the Agency shall be governed by the law applicable to the

contract in question.

2. The Court of Justice of the European Union shall have jurisdiction to give judgment

pursuant to any arbitration clause contained in a contract concluded by the Agency.

3. In the event of non-contractual liability, the Agency shall, in accordance with the general

principles common to the laws of the Member States, make good any damage caused by its

departments or by its servants in the performance of their duties.

4. The Court of Justice of the European Union shall have jurisdiction in disputes over

compensation for the damage referred to in paragraph 3.

5. The personal liability of its servants towards the Agency shall be governed by the

provisions laid down in the Staff Regulations or Conditions of Employment applicable to

them.

_Article 98_

_Cooperation with third countries and international organisations_

1. The Agency shall be open to the participation of third countries and international

organisations that have entered into international agreements with the Union to this effect.

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2. Under the relevant provisions of the agreements referred to in paragraph 1 of this Article

and in Article 43, arrangements shall be developed specifying, in particular, the nature,

extent and manner in which the third countries and international organisations concerned

are to participate in the work of the Agency, including provisions relating to participation

in the initiatives undertaken by the Agency, financial contributions and staff. As regards

staff matters, those arrangements shall, in any event, comply with the Staff Regulations.

When relevant, they shall also include provisions on the exchange and protection of

classified information with third countries and international organisations. Those

provisions shall be subject to the Commission’s prior approval.

3. The Administrative Board shall adopt a strategy on relations with third countries and

international organisations, in the framework of the international agreements referred to in

paragraph 1, concerning matters for which the Agency is competent.

4. The Commission shall ensure that, in its relations with third countries and international

organisations, the Agency acts within its mandate and the existing institutional framework

by concluding an appropriate working arrangement with the Executive Director.

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_Article 99_

_Conflicts of interest_

1. Members of the Administrative Board and of the Security Accreditation Board, the

Executive Director, seconded national experts and observers shall make a declaration of

commitments and a declaration of interests indicating the absence or existence of any

direct or indirect interests which might be considered prejudicial to their independence.

Those declarations shall be:

(a) accurate and complete;

(b) made in writing upon the entry into service of the persons concerned;

(c) renewed annually; and

(d) updated whenever necessary, in particular in the event of relevant changes in the

personal circumstances of the persons concerned.

2. Before any meeting which they are to attend, members of the Administrative Board and of

the Security Accreditation Board, the Executive Director, seconded national experts,

observers and external experts participating in ad hoc working groups shall accurately and

completely declare the absence or existence of any interest which might be considered

prejudicial to their independence in relation to any items on the agenda, and, if such an

interest exists, shall abstain from participating in the discussion of and from voting upon

such points.

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3. The Administrative Board and the Security Accreditation Board shall lay down, in their

rules of procedure, the practical arrangements for the rules on declaration of interest

referred to in paragraphs 1 and 2 and for the prevention and management of conflicts of

interest.

## **TITLE X** **PROGRAMMING, MONITORING,** **EVALUATION AND CONTROL**

_Article 100_

_Work programme_

The Programme shall be implemented by the work programmes referred to in Article 110 of the

Financial Regulation, which shall be specific and fully separate work programmes for each of the

Programme’s components. Work programmes shall set out the actions and associated budget

required to meet the objectives of the Programme and, where applicable, the overall amount

reserved for blending operations.

The Commission shall adopt work programmes by means of implementing acts. Those

implementing acts shall be adopted in accordance with the examination procedure referred to in

Article 107(3).

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_Article 101_

_Monitoring and reporting_

1. Indicators to report on progress of the Programme towards the achievement of the general

and specific objectives laid down in Article 4 are set out in the Annex.

2. To ensure the effective assessment of the Programme’s progress towards the achievement

of its objectives, the Commission is empowered to adopt delegated acts, in accordance

with Article 105, to amend the Annex with regard to the indicators where considered

necessary as well as to supplement this Regulation with provisions on the establishment of

a monitoring and evaluation framework.

3. Where imperative grounds of urgency so require, the procedure provided for in Article 106

shall apply to delegated acts adopted pursuant to this Article.

4. The performance reporting system shall ensure that data for monitoring the implementation

and the results of the Programme are collected efficiently, effectively, and in a timely

manner.

To that end, proportionate reporting requirements shall be imposed on recipients of Union

funds and, where appropriate, on Member States.

5. For the purposes of paragraph 1, the recipients of Union funds shall provide appropriate

information. The data necessary for the verification of the performance shall be collected

in an efficient, effective and timely manner.

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_Article 102_

_Evaluation_

1. The Commission shall carry out evaluations of the Programme in a timely manner to feed

into the decision-making process.

2. By 30 June 2024, and every four years thereafter, the Commission shall evaluate the

implementation of the Programme. The evaluation shall cover all of the Programme’s

components and actions. It shall assess:

(a) the performance of the services provided under the Programme;

(b) the evolution of needs of the users of the Programme; and

(c) when evaluating the implementation of SSA and GOVSATCOM, the evolution of

available capacities for sharing and pooling, or, when evaluating the implementation

of Galileo, Copernicus and EGNOS, the evolution of data and services offered by

competitors.

For each of the Programme’s components, the evaluation shall, on the basis of a

cost-benefit analysis, also assess the impact of the evolutions referred to in point (c) of the

first subparagraph, including the need for changing the pricing policy or the need for

additional space or ground infrastructure.

If necessary, the evaluation shall be accompanied by an appropriate proposal.

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3. The Commission shall communicate the conclusions of the evaluations accompanied by its

observations, to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions.

4. The entities involved in the implementation of this Regulation shall provide the

Commission with the data and information necessary for the evaluation referred to in

paragraph 1.

5. By 30 June 2024, and every four years thereafter, the Commission shall assess the

Agency’s performance, in relation to its objectives, mandate, and tasks, in accordance with

Commission guidelines. The evaluation shall be based on a cost-benefit analysis. The

evaluation shall, in particular, address the possible need to modify the mandate of the

Agency and the financial implications of any such modification. It shall also address the

Agency’s policy on conflicts of interest and the independence and autonomy of the

Security Accreditation Board. The Commission may also evaluate the Agency’s

performance to assess the possibility to entrust it with additional tasks, in accordance with

Article 29(3). If necessary, the evaluation shall be accompanied by an appropriate

proposal.

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Where the Commission considers that there are no longer grounds for the Agency to

continue pursuing its activities, given its objectives, mandate and tasks, it may propose to

amend this Regulation accordingly.

The Commission shall submit a report on the evaluation of the Agency and its conclusions

to the European Parliament, the Council, the Administrative Board and the Security

Accreditation Board of the Agency. The findings of the evaluation shall be made public.

_Article 103_

_Audits_

Audits on the use of the Union contribution carried out by persons or entities, including by others

than those mandated by the Union institutions or bodies, shall form the basis of the overall

assurance pursuant to Article 127 of the Financial Regulation.

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_Article 104_

_Personal data and privacy protection_

1. All personal data handled in the context of the tasks and activities provided for in this

Regulation, including by the Agency, shall be processed in accordance with the applicable

law on personal data protection, in particular Regulations (EU) 2016/679 **[1]** and

(EU) 2018/1725 **[2]** of the European Parliament and of the Council.

2. The Administrative Board shall establish measures for the application of Regulation

(EU) 2018/1725 by the Agency, including those concerning the appointment of a Data

Protection Officer of the Agency. Those measures shall be established after consultation of

the European Data Protection Supervisor.

**1** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the
free movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation) (OJ L 119, 4.5.2016, p. 1).
**2** Regulation (EU) 2018/1725 of the European Parliament and of the Council of
23 October 2018 on the protection of natural persons with regard to the processing of
personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision
No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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## **TITLE XI** **DELEGATION AND IMPLEMENTING MEASURES**

_Article 105_

_Exercise of the delegation_

1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 53 and 101 shall be conferred on

the Commission until 31 December 2028.

3. The delegation of power referred to in Articles 53 and 101 may be revoked at any time by

the European Parliament or by the Council. A decision to revoke shall put an end to the

delegation of the power specified in that decision. It shall take effect the day following the

publication of the decision in the _Official Journal of the European Union_ or at a later date

specified therein. It shall not affect the validity of any delegated act already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each

Member State in accordance with the principles laid down in the Interinstitutional

Agreement of 13 April 2016 on Better Law-Making.

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5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 53 and 101 shall enter into force only if no

objection has been expressed either by the European Parliament or the Council within a

period of two months of notification of that act to the European Parliament and the Council

or if, before the expiry of that period, the European Parliament and the Council have both

informed the Commission that they will not object. That period shall be extended by two

months at the initiative of the European Parliament or of the Council.

_Article 106_

_Urgency procedure_

1. Delegated acts adopted under this Article shall enter into force without delay and shall

apply as long as no objection is expressed in accordance with paragraph 2. The notification

of a delegated act to the European Parliament and to the Council shall state the reasons for

the use of the urgency procedure.

2. Either the European Parliament or the Council may object to a delegated act in accordance

with the procedure referred to in Article 105(6). In such a case, the Commission shall

repeal the act immediately following the notification of the decision to object by the

European Parliament or by the Council.

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_Article 107_

_Committee procedure_

1. The Commission shall be assisted by the Programme committee. That committee shall be a

committee within the meaning of Regulation (EU) No 182/2011.

The Programme committee shall meet in specific different configurations as follows:

(a) Galileo and EGNOS;

(b) Copernicus;

(c) SSA;

(d) GOVSATCOM;

(e) Security configuration: all security aspects of the Programme, without prejudice to

the role of the Security Accreditation Board; representatives of ESA and the Agency

may be invited to participate as observers; the EEAS shall also be invited to assist;

(f) Horizontal configuration: strategic overview of the implementation of the

Programme, coherence across the Programme’s different components, cross-cutting

measures and budget reallocation as referred to in Article 11.

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2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall

apply.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall

apply.

4. Where the Programme committee delivers no opinion on the draft implementing act

referred to in Article 34(2) of this Regulation, the Commission shall not adopt the draft

implementing act and the third subparagraph of Article 5(4) of Regulation (EU)

No 182/2011 shall apply.

5. In accordance with international agreements concluded by the Union, representatives of

third countries or international organisations may be invited as observers in the meetings of

the Programme committee under the conditions laid down in its rules of procedure, taking

into account the security of the Union.

6. The Programme committee shall, in accordance with its rules of procedure, set up the

‘User Forum’, as a working group to advise the Programme committee on user

requirements aspects, evolution of the services and user uptake. The User Forum shall aim

to guarantee a continuous and effective involvement of users and meet in specific

configurations for each of the Programme’s components.

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# **EN**

## **TITLE XII** **TRANSITIONAL AND FINAL PROVISIONS**

_Article 108_

_Information, communication and publicity_

1. The recipients of Union funding shall acknowledge the origin of those funds and ensure the

visibility of the Union funding, in particular when promoting the actions and their results,

by providing coherent, effective and proportionate targeted information to multiple

audiences, including the media and the public.

2. The Commission shall implement information and communication actions relating to the

Programme, to actions taken pursuant to the Programme and to the results obtained.

Financial resources allocated to the Programme shall also contribute to the corporate

communication of the political priorities of the Union, insofar as those priorities are related

to the objectives referred to in Article 4.

3. The Agency may engage in communication activities on its own initiative within its field

of competence. The allocation of resources to communication activities shall not be

detrimental to the effective exercise of the tasks referred to in Article 29. Such

communication activities shall be carried out in accordance with relevant communication

and dissemination plans adopted by the Administrative Board.

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_Article 109_

_Repeals_

1. Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision

No 541/2014/EU are repealed with effect from 1 January 2021.

2. References to the repealed acts shall be construed as references to this Regulation.

_Article 110_

_Transitional provisions and continuity of services after 2027_

1. This Regulation shall not affect the continuation or modification of the actions initiated

pursuant to Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014,

and Decision No 541/2014/EU, which shall continue to apply to those actions until their

closure. In particular, the Consortium established under Article 7(3) of Decision

No 541/2014/EU shall provide SST services until three months after the signature by the

Constituting National Entities of the SST partnership agreement provided for in Article 58

of this Regulation.

2. The financial envelope for the Programme may also cover the technical and administrative

assistance expenses necessary to ensure the transition between the Programme and the

measures adopted pursuant to Regulations (EU) No 1285/2013 and (EU) No 377/2014 and

Decision No 541/2014/EU.

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3. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the

expenses necessary to fulfil the objectives provided for in Article 4, to enable the

management of actions not completed by the end of the Programme, as well as expenses

covering critical operational activities and services provision, including through the FFPA

and contribution agreements.

_Article 111_

_Entry into force and application_

This Regulation shall enter into force on the day of its publication in the _Official Journal of the_

_European Union_ .

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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**ANNEX**

KEY INDICATORS

Key indicators shall structure the monitoring of the Programme performance towards its objectives

referred to in Article 4, with a view to minimising administrative burdens and costs.

1. To that end, for annual reporting, data shall be collected as regards the following set of key

indicators for which implementation details, such as metrics, figures and associated

nominal values and thresholds, including quantitative data and qualitative case studies,

according to applicable mission requirements and expected performance, shall be defined

in the agreements concluded with the entrusted entities:

1.1. Specific objective referred to in point (a) of Article 4(2)

Indicator 1: Accuracy of navigation and timing services provided by Galileo and EGNOS

separately

Indicator 2: Availability and continuity of services provided by Galileo and EGNOS

separately

Indicator 3: EGNOS services geographical coverage and number of EGNOS procedures

published (both APV-I and LPV-200)

Indicator 4: Union user satisfaction with respect to Galileo and EGNOS services

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Indicator 5: Share of Galileo and EGNOS enabled receivers in the worldwide and the EU

Global Navigation Satellite Systems/ Satellite Based Augmentation System (GNSS/SBAS)

receivers market.

1.2. Specific objective referred to in point (b) of Article 4(2)

Indicator 1: Number of Union users of Copernicus Services, Copernicus data, and Data and

Information Access Services (DIAS) providing, where possible, information such as the

type of user, geographical distribution and sector of activity

Indicator 2: Where applicable, number of activations of Copernicus Services requested or

served

Indicator 3: Union user satisfaction with respect to Copernicus Services and DIAS

Indicator 4: Reliability, availability and continuity of the Copernicus Services and

Copernicus data stream

Indicator 5: Number of new information products delivered in the portfolio of each

Copernicus Service

Indicator 6: Amount of data generated by the Copernicus Sentinels

1.3. Specific objective referred to in point (c) of Article 4(2)

Indicator 1: Number of users of SSA component providing, where possible, information

such as the type of user, geographical distribution and sector of activity

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Indicator 2: Availability of Services

1.4. Specific objective referred to in point (d) of Article 4(2)

Indicator 1: Number of GOVSATCOM users providing, where possible, information such

as the type of user, geographical distribution and sector of activity

Indicator 2: Availability of Services

1.5. Specific objective referred to in point (e) of Article 4(2)

Indicator 1: Number of launches for the Programme (including numbers by type of

launchers)

1.6. Specific objective referred to in point (f) of Article 4(2)

Indicator 1: Number and location of space hubs in the Union

Indicator 2: Share of SMEs established in the Union as a proportion of the total value of

the contracts relating to the Programme

2. The evaluation referred to in Article 102 shall take into account additional elements such

as:

2.1. Performance of competitors in the areas of navigation and Earth observation

2.2. User uptake of Galileo and EGNOS services

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2.3. Integrity of EGNOS services

2.4. Uptake of Copernicus Services by Copernicus core users

2.5. Number of Union or Member State policies exploiting or benefiting from Copernicus

2.6. Analysis of the autonomy of the SST sub-component and of the level of independence of

the Union in this area

2.7. State-of-play of networking for the activities of NEO sub-component

2.8. Assessment of GOVSATCOM capacities as regards user needs as referred to in Articles 69

and 102

2.9. User satisfaction of the SSA and GOVSATCOM services

2.10. Share of Ariane and Vega launches in the total market based on publicly available data

2.11. Development of the downstream sector measured, when available, by the number of new

companies using Union space data, information and services, jobs created and turnover, by

Member State, using surveys of the Commission (Eurostat) when available

2.12. Development of the Union space upstream sector measured, when available, by number of

jobs created and turnover by Member State and the global market share of European space

industry, using surveys of the Commission (Eurostat) when available

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