Source: EURLEX
Language: en
Format: md

**EUROPEAN UNION**

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

**Strasbourg, 15 March 2023**
**(OR. en)**

**2022/0039 (COD)**
**LEX 2220**

**PE-CONS 65/1/22**

**REV 1**

**ESPACE 121**

**RECH 630**

**COMPET 956**

**IND 510**

**EU-GNSS 40**

**TRANS 746**

**AVIATION 295**

**MAR 220**

**TELECOM 498**

**MI 871**

**CSC 548**

**CSCGNSS 20**

**CSDP/PSDC 826**

**CODEC 1851**

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

**ESTABLISHING THE UNION SECURE CONNECTIVITY PROGRAMME FOR THE PERIOD**

**2023-2027**

PE-CONS 65/1/22 REV 1

# **EN**

**REGULATION (EU) 2023/…**

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

**of 15 March 2023**

**establishing the Union Secure Connectivity Programme for the period 2023-2027**

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 14 February 2023 (not yet published in the Official
Journal) and decision of the Council of 7 March 2023.

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Whereas:

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

preparations for the next generation of governmental satellite communications through

close cooperation between the Member States, the Commission and the European Space

Agency (ESA). Governmental satellite communications have also been identified as one of

the elements of the Global Strategy for the European Union’s Foreign and Security Policy

of June 2016. Governmental satellite communications are to contribute to the EU response

to Hybrid Threats and provide support to the EU Maritime Security Strategy and to the

EU Arctic policy.

(2) The conclusions of the European Council of 21-22 March 2019 stressed that the Union

needs to go further in developing a competitive, secure, inclusive and ethical digital

economy with world-class connectivity.

(3) The Communication of the Commission of 22 February 2021, entitled ‘Action Plan on

synergies between civil, defence and space industries’, states that it aims to ‘enable access

to high-speed connectivity for everyone in Europe, and provide a resilient connectivity

system allowing Europe to remain connected whatever happens’.

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(4) ‘A Strategic Compass for Security and Defence’ adopted by the Council on 21 March 2022

recognises that the space infrastructure of the Union and of its Member States contributes

to our resilience and offers key services that substitute or complement ground

infrastructures for telecommunications. It therefore calls for the Union to work on the

proposal for a Union space-based global secure communication system.

(5) One of the components of the Union Space Programme established by Regulation

(EU) 2021/696 of the European Parliament and of the Council **[1]** is GOVSATCOM, which

aims to ensure the long-term availability of reliable, secure, scalable and cost-effective

satellite communications services for GOVSATCOM users. Regulation (EU) 2021/696

envisages that in a first phase of the GOVSATCOM component, until approximately 2025,

existing capacity would be pooled and shared through the GOVSATCOM Hub **.** In that

context, the Commission is to 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.

**1** Regulation (EU) 2021/696 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 (OJ L 170, 12.5.2021, p. 69).

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In that first phase, GOVSATCOM services are to be introduced on the basis of a step-by

step approach, in light of the scaling up of the GOVSATCOM Hub infrastructure

capabilities. That approach is also based on the premise that if in the course of the first

phase a detailed analysis of future supply and demand reveals that it was insufficient to

cover the evolving demand, it will be necessary to move to a second phase and develop

additional bespoke space infrastructure or capacities through cooperation with the private

sector, for example with Union satellite operators.

(6) On 22 March 2017, the Council's Political and Security Committee endorsed the High

Level Civil Military User Needs for Governmental Satellite Communications

(GOVSATCOM), which were prepared by the European External Action Service (EEAS)

and with which the military user's requirements identified by the European Defence

Agency in its Common Staff Target adopted in 2013 and the civilian user needs collected

by the Commission have been merged. Subsequent analyses by the Commission showed

that the Union’s current satellite communication offer, on the basis of capacities from

Member States with national systems as well as the private sector, cannot meet certain new

needs of the governmental demand which are moving towards higher security solutions,

low latency and global coverage. Those needs should be monitored and reassessed

regularly.

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(7) Recent technical progress has allowed non-geostationary-orbit (NGSO) communications

constellations to emerge and gradually offer high-speed and low latency connectivity

services. There is therefore a window of opportunity for addressing the evolving needs of

government-authorised users by developing and deploying additional infrastructure as

filings for the frequencies with the International Telecommunication Union which are

necessary to provide the required services are currently available within the Union. If not

used, those filings for the frequencies will become obsolete and be attributed to other

players. As frequencies and orbital slots are an increasingly scarce resource, the

Commission, through an open and transparent process with the Member States, should

seize this opportunity to conclude with the Member States providing the filings for the

frequencies dedicated licensing agreements for the provision of governmental services

based on the governmental infrastructure. The private sector is responsible for obtaining

the rights on filings for the frequencies required for the provision of commercial services.

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(8) There is growing demand by the Union's governmental actors for secure and reliable

spaced-based satellite communication services, particularly because they are the most

viable option in the absence of ground-based communication systems or where they are

disrupted or unreliable. Affordable and cost-effective access to satellite communication is

also indispensable in areas where there is no terrestrial infrastructure, including over

oceans, in airspace, in remote areas and where terrestrial infrastructure faces serious outage

or cannot be trusted in crisis situations. Satellite communication can increase the overall

resilience of communication networks, for example offering an alternative in the case of

physical attacks or cyberattacks on local terrestrial infrastructure, accidents or natural or

man-made disasters.

(9) The Union should ensure the provision of resilient, global, secure, protected, uninterrupted,

guaranteed and flexible satellite communication solutions for evolving governmental needs

and requirements, built on a Union technological and industrial base, in order to increase

the resilience of Member States’ and Union institutions’ operations.

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# **EN**

(10) Therefore, it is important to establish a new programme, namely the Union Secure

Connectivity Programme (the ‘Programme’), to provide for a Union satellite-based, multi

orbital communication infrastructure for governmental use, while integrating and

complementing existing and future national and European capacities in the framework of

the GOVSATCOM component, and developing further and gradually integrating the

European Quantum Communication Infrastructure (EuroQCI) initiative into the secure

connectivity system.

(11) The Programme should meet the new governmental needs for higher security solutions,

low latency and global coverage. It should ensure the provision and long-term availability

of worldwide uninterrupted access to secure, autonomous, reliable and cost-effective

satellite governmental communication services, supporting the resilience and protection of

critical infrastructure, situational awareness, external actions, crisis management, as well as

applications that are critical for the Union's and Member States' economy, security and

defence, through a dedicated governmental infrastructure which integrates and

complements the capacities of GOVSATCOM. Moreover, the Programme should prioritise

the delivery of governmental services and allow for the provision of commercial services

by the European private sector, taking into account a market survey including consultation

of government-authorised users, through a commercial infrastructure.

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# **EN**

(12) Decision (EU) 2022/2481 of the European Parliament and of the Council **[1]** sets a series of

objectives and targets to promote the development of resilient, secure, performant and

sustainable digital infrastructures in the Union, including a digital target for the

Commission and Member States to achieve gigabit connectivity for all by 2030. The

Programme should enable connectivity across the Union and around the globe, for citizens

and business, including, but not limited to, providing access to affordable high-speed

broadband that can help remove communication dead zones and increase cohesion across

the Union, including its outermost regions, rural, peripheral, remote and isolated areas and

islands. The satellite services cannot currently replace the performance of ground-based

networks but can bridge the digital divide and even contribute, where applicable, to the

general objectives of Directive (EU) 2018/1972 of the European Parliament and of the

Council **[2]** .

**1** Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December
2022 establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, p.4).
**2** Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December
2018 establishing the European Electronic Communications Code
(OJ L 321, 17.12.2018, p. 36).

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(13) The Programme should therefore consist of the definition, design, development, validation

and related deployment activities for the construction of the initial space and ground

infrastructure, required for the provision of first governmental services. The Programme

should then entail gradual deployment activities aimed at completing both the space and

ground infrastructure required for the provision of advanced governmental services, which

are currently not available and are beyond the state-of-the-art of existing European satellite

communication services. Moreover, the Programme should promote the development of

user terminals able to exploit the advanced communication services. The exploitation

activities should begin as soon as possible with the provision of the first governmental

services aimed by 2024, so that the needs of government-authorised users are met as soon

as possible. The Programme should then entail activities aiming to complete both the space

and ground infrastructure required for a full operational capability by 2027. The provision

of governmental services, the operation, maintenance and continuous improvement of the

space and ground infrastructure, once deployed, as well as the development of the future

generations of the governmental services, should be part of the exploitation activities.

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# **EN**

(14) In June 2019, Member States signed the European Quantum Communication Infrastructure

(EuroQCI) Declaration (the ‘Declaration’), agreeing to work together, with the

Commission and with the support of ESA, towards the development of a quantum

communication infrastructure covering the whole Union. In accordance with the

Declaration, EuroQCI aims to deploy a certified secure end-to-end quantum

communication infrastructure, enabling information and data to be transmitted and stored

and to be capable of linking critical public communication assets throughout the Union.

The Programme will contribute to meeting the objectives of the Declaration by developing

a EuroQCI space and ground infrastructure integrated into the governmental infrastructure

of the Programme, as well as by developing and deploying the EuroQCI terrestrial

infrastructure, which will be owned by the Member States. The EuroQCI space, ground

and terrestrial infrastructure should be developed within the Programme in two main

phases, a preliminary validation phase, which may involve the development and validation

of several different technologies and communication protocols, and a full-deployment

phase including appropriate solutions for inter-satellite connectivity and data relay between

satellites, the ground and the terrestrial infrastructure.

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# **EN**

(15) One of the main functions of the EuroQCI will be to allow for quantum distribution of

cryptographic keys (QKD). To date, QKD technology and products are not sufficiently

mature to be used for the protection of EU classified information (EUCI). The main issues

concerning QKD security, such as standardisation of QKD protocols, side channel analysis

and evaluation methodology, still need to be solved. The Programme should therefore

support the EuroQCI and allow for the inclusion of approved cryptographic products in the

infrastructure when available.

(16) In order to protect EUCI in a satisfactory secured manner, primary solutions to counter

threats posed by quantum computing should be the combination of conventional solutions,

post-quantum cryptography and possibly QKD in hybrid approaches. The Programme

should therefore use such approaches, for the purpose of ensuring both state-of the-art

cryptography and key distribution.

(17) In order to expand Union satellite communication capacities, the Programme infrastructure

should be based upon, integrate and complement the infrastructure developed for the

purposes of the of the GOVSATCOM component. In particular, the Programme’s ground

infrastructure should be based upon the GOVSATCOM Hubs, as progressively scaled up

on the basis of user needs through other ground segment assets, including those of the

Member States willing to contribute additionally, on the basis of operational and security

requirements.

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(18) The Programme should improve secure connectivity over geographical areas of strategic

interest, such as Africa and the Arctic as well as the Baltic, the Black Sea, Mediterranean

regions and the Atlantic. The services provided under the Programme should also

contribute to geopolitical resilience by offering additional connectivity in line with policy

targets in those regions and with the Joint Communication of the Commission and the High

Representative of the Union for Foreign Affairs and Security policy of 1 December 2021

entitled ‘The Global Gateway’.

(19) Without prejudice to the communication services, the satellites built for the purposes of the

Programme could be equipped with subsystems, including payloads, that can allow the

increase of the capacity and services of the components of the Union Space Programme,

enabling thereby the development of additional non-communication services to be decided

by the Programme committee meeting in the relevant configuration, as set out in

Regulation (EU) 2021/696, and implemented under the conditions set out in this

Regulation. If the benefit to the components of the Union Space Programme is duly

established, taking into account user needs and budgetary constraints, those subsystems

could be developed to offer alternative positioning, navigation and timing services

complementing Galileo, to ensure the broadcast of European Geostationary Navigation

Overlay Service (EGNOS) messages with a lower latency, to provide space-based sensors

for space surveillance and to support the enhancement of current Copernicus capabilities,

in particular for emergency and civil security services. Moreover, those subsystems could

provide non-communication services to Member States, under the condition that this does

not impact the security and budget of the Programme.

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# **EN**

(20) Considering the importance for the Programme of its ground governmental infrastructure

and the impact thereof on its security, the location of such infrastructure should be

determined by the Commission, in line with the general security requirements and

following an open and transparent process, with a view to ensuring a balanced distribution

among Member States. The deployment of the ground governmental infrastructure of the

Programme, which also integrates the infrastructure developed under the GOVSATCOM

component, could involve the European Union Agency for the Space Programme (the

‘Agency’) or, where appropriate and within its field of competence, ESA.

(21) It is vital for the security of the Union and its Member States and for ensuring the security

and integrity of the governmental services, that the space assets of the Programme are

launched from the Union’s territory. In exceptional, duly substantiated circumstances, it

should be possible for such launches to take place from the territory of a third country. In

addition to heavy and medium launchers, small launchers and microlaunchers could

provide additional flexibility to allow for a rapid deployment of the space assets.

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(22) It is important that the Union owns all tangible and intangible assets related to

governmental infrastructure developed under the Programme, except the EuroQCI

terrestrial infrastructure, while ensuring the compliance with the Charter of Fundamental

Rights of the European Union, including Article 17 thereof. Despite the ownership by the

Union of those assets, it should be possible for the Union, in accordance with this

Regulation and, where it is deemed appropriate on a case-by-case assessment, to make

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

(23) Union-wide initiatives, such as the secure connectivity initiative, are shaped by the broad

participation of innovative small and medium-sized enterprises (SMEs), start-ups and large

enterprises from the upstream and downstream space sector throughout the Union. In

recent years, some space actors have challenged the space sector, in particular start-ups and

SMEs which developed innovative, market-driven space technologies and applications,

sometimes with different business models. In order to ensure the competitiveness of the

Union space ecosystem, the Programme should maximise the use of innovative and

disruptive technologies, as well as novel business models developed by the European space

ecosystem, including New Space, in particular by SMEs, mid-cap companies and start-ups

that develop market-driven novel space technologies and applications, while covering the

whole space value chain encompassing the upstream and downstream segments.

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(24) It is essential to encourage private sector investment through appropriate procurement and

aggregation of service contracts, thus reducing uncertainty and providing long-term

visibility and predictability of public sector services needs. To ensure the competitiveness

of the European space industry in the future, the Programme should also contribute to the

development of advanced skills in space-related fields and support education and training

activities, as well as promoting equal opportunities, gender equality and women's

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

(25) In line with the objectives set out in the Commission Communication

of 11 December 2019 entitled ‘The European Green Deal’, the Programme should

minimise, to the extent possible, its environmental impact. While the space assets do not

themselves emit greenhouse gases while in use, their manufacturing and associated ground

facilities do have an environmental impact. Measures should be adopted to mitigate that

impact. To that end, the procurement referred to under the Programme should include

principles and measures on sustainability, such as provisions to minimise and offset the

greenhouse gas emissions generated by the development, production and deployment of

the infrastructure, and measures to prevent light pollution, such as the impact on ground

based astronomical observations.

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(26) Given the growing number of spacecraft and space debris in orbit, the new European

constellation should also satisfy space sustainability criteria and be an example of good

practices in space traffic management and in space surveillance and tracking (SST), in

order to reduce the amount of space debris produced, prevent on-orbit break-ups and on

orbit collision, and provide appropriate end-of-life spacecraft measures. As legitimate

concerns on the protection of space environment are being discussed in international fora,

such as within the United Nations’ Committee on the Peaceful Uses of Outer Space, it is of

the utmost importance that the Union shows leadership in space sustainability. The

contracts procured under the Programme should ensure that the technology deployed

enables the highest possible standards when it comes to sustainability, as well as energy

and resource efficiency.

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(27) Operational requirements for the governmental services should be based on the assessment

of government-authorised users’ needs, while also taking into account the capabilities of

the current market offer. When assessing those requirements the current market capacities

should be used to the largest extent possible. From those operational requirements, in

combination with the general security requirements and evolving demand of governmental

services, the service portfolio for governmental services should be developed. That service

portfolio should establish the applicable baseline for the governmental services. It should

also identify the categories of service which complement the service portfolio of the

GOVSATCOM services established within the framework of Regulation (EU) 2021/696.

The Commission should ensure the consistency and coherence of operational and security

requirements between the GOVSATCOM component and the Programme. In order to

maintain the best possible match between the demand and supply of services, the service

portfolio for governmental services should be identified in 2023 and should be able to be

regularly updated, after consulting Member States on the basis of those operational and

security requirements.

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

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

economies of scale, the Programme should optimise the match between the supply and

demand of the governmental services and avoid overcapacity. Since the demand and the

potential supply both change over time, the Commission should monitor the needs to adjust

the portfolio for the governmental services whenever this appears necessary.

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(29) Member States, the Council, the Commission and the EEAS, as well as Union agencies

and bodies should be able to become Programme participants, insofar as they choose to

authorise users of governmental services or provide capacities, sites or facilities. Taking

into consideration that it is for the Member States to decide whether to authorise national

users of governmental services, Member States should not be obliged to contribute to the

Programme or to host the Programme infrastructure.

(30) Each Programme participant should designate a competent secure connectivity authority to

monitor whether users, and other national entities that play a role in the Programme,

comply with the applicable rules and security procedures, as laid down in the general

security requirements. Programme participants may confer the functions of such an

authority to an existing authority.

(31) 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.

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(32) The objectives of the Programme are consistent and complementary with those of other

Union programmes, particularly Horizon Europe, established by Regulation

(EU) 2021/695 of the European Parliament and of the Council **[1]** and Council Decision

(EU) 2021/764 **[2]**, the Digital Europe Programme, established by Regulation (EU) 2021/694

of the European Parliament and of the Council **[3]**, the Neighbourhood, Development and

–
International Cooperation Instrument Global Europe, established by Regulation

(EU) 2021/947 of the European Parliament and of the Council **[4]**, the Connecting Europe

Facility, established by Regulation (EU) 2021/1153 of the European Parliament and of the

Council **[5]** and, in particular, the Union Space Programme.

**1** Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021

–
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 170, 12.5.2021, p. 1).
**2** Council Decision (EU) 2021/764 of 10 May 2021 establishing the Specific Programme

–
implementing Horizon Europe the Framework Programme for Research and Innovation,
and repealing Decision 2013/743/EU (OJ L 167I, 12.5.2021, p. 1).
**3** Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021
establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240
(OJ L 166, 11.5.2021, p. 1).
**4** Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021

–
establishing the Neighbourhood, Development and International Cooperation Instrument
Global Europe, amending and repealing Decision No 466/2014/EU of the European
Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European
Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009
(OJ L 209, 14.6.2021, p. 1).
**5** Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021
establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013
and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).

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(33) Horizon Europe will allocate a dedicated share of its Cluster ‘Digital, Industry and Space’

components to research and innovation activities related to development and validation of

the secure connectivity system, including for the potential technologies that would be

developed under the space ecosystem, including New Space. The Neighbourhood,

–
Development and International Cooperation Instrument Global Europe (NDICI) will

allocate a dedicated share of its Global Europe funds for activities related to the operation

of the secure connectivity system and the worldwide provision of services that will make it

possible to offer an array of services to international partners. The Union Space

Programme will allocate a dedicated share of the GOVSATCOM component for the

activities related to the development of the GOVSATCOM Hub which will form part of

the ground infrastructure of the secure connectivity system. The funding stemming from

these programmes should be implemented in accordance with the rules of these

programmes.

(34) Due to its inherent implications on the security of the Union and its Member States, the

Programme also shares objectives and principles with the European Defence Fund,

established by Regulation (EU) 2021/697 of the European Parliament and of the Council **[1]** .

Therefore, part of the funding from the European Defence Fund should be provided to fund

the activities under the Programme, particularly the activities related to the deployment of

its infrastructure.

**1** Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021
establishing the European Defence Fund and repealing Regulation (EU) 2018/1092
(OJ L 170, 12.5.2021, p. 149).

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(35) In order to ensure that the Programme is implemented successfully, it is important to

ensure that sufficient resources are available. Member States should be able to contribute

with their technical competence, know-how and assistance, in particular in the fields of

safety and security, or, where appropriate and possible, by making available to the

Programme the data, information, services and infrastructure located on their territory. The

Programme should be able to receive additional financial contributions or in-kind

contributions from third parties, including Union agencies and bodies, Member States,

third countries participating in the Programme or international organisations, in line with

the relevant agreements.

(36) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council **[1]** (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.

(37) 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.

**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).

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(38) The Commission should be able to have recourse, as required and insofar as necessary, to

the technical assistance of certain external parties, insofar as Union security interests are

preserved. 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.

(39) Public 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.

(40) 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 impose a

minimum level of subcontracting. As regards the latter, priority should be given, where

possible, to start-ups and SMEs, particularly in order to enable their cross-border

participation.

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(41) 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, it is necessary to provide for the possibility to

use all the relevant tools and management methods provided for by the Treaty on the

Functioning of the European Union (TFEU) and the Financial Regulation and joint

procurement procedures.

(42) Public-private cooperation is the most appropriate scheme by which to ensure that the

objectives of the Programme can be pursued. It should permit building upon the existing

Union satellite communication technological and industrial base, including private assets,

and providing robust and innovative governmental services, and enabling private partners

to complement the Programme infrastructure with additional capabilities to offer

commercial services on market conditions through additional own investments. Such a

scheme should furthermore optimise deployment and operation costs by sharing

development and deployment costs on components common to both governmental and

commercial infrastructures, as well as operational costs by allowing a high level of

capacity mutualisation. It should also stimulate innovation in the European space

ecosystem, including New Space, by enabling the sharing of research and development

risks between public and private partners.

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(43) For the implementation of the Programme, the concession contracts, supply, service or

works contracts or mixed contracts should follow key principles. Such contracts should

establish a clear distribution of tasks and responsibilities between the public and private

partners, including a clear allocation of risks between them, with a view to ensuring that

the contractors assume responsibility for the consequences of any failings for which they

are liable. The contracts should ensure that contractors do not receive overcompensation

for the provision of governmental services, allow the provision of commercial services to

be established by the private sector and ensure an appropriate prioritisation of government

authorised users' needs. The contracts should ensure that the provision of services based on

commercial infrastructure preserves the Union’s essential interests and the Programme's

general and specific objectives. It is therefore important that there are measures in place to

ensure that those essential interests and objectives are preserved. In particular, the

Commission should be able to take necessary measures to ensure service continuity in the

event that the contractor is unable to fulfil its obligations.

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The contracts should include adequate safeguards to prevent, inter alia, conflicts of interest

and potential distortions of competition stemming from the provision of commercial

services, undue discrimination or any other hidden indirect advantages. Such safeguards

may include separation of accounts between governmental and commercial services,

including the setting up of a structurally and legally separate entity from the vertically

integrated operator for the provision of governmental services, as well as open, fair,

reasonable and non-discriminatory access to infrastructure necessary for the provision of

commercial services. Therefore, commercial services should be available to existing

terrestrial services providers under transparent and non-discriminatory conditions. The

contracts should foster the participation of start-ups and SMEs along the whole value chain

and across Member States.

(44) An important objective of the Programme is to ensure the security of the Union and of the

Member States and to strengthen the resilience across key technologies and value chains

while preserving an open economy. In specific cases, that objective requires conditions for

eligibility and participation to be set, in order 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.

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# **EN**

(45) 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, the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate,

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.

**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-thespot 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).

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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 **[1]** .

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, the EPPO pursuant

to Regulation (EU) 2017/1939, and ensure that any third parties involved in the

implementation of Union funds grant equivalent rights.

(46) In order to ensure the protection of the financial interests of the Union, it is necessary to

require 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** 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).

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(47) To optimise the efficiency and impact of the Programme, actions should be taken to

promote the use and development of open standards, open source technologies and

interoperability in the architecture of the secure connectivity system. A more open

conception of that system could enable better synergies with other components of the

Union Space Programme or national services and applications, optimise costs by avoiding

duplication in the development of the same technology, improve reliability, foster

innovation and reap the benefits of wide competition.

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

responsibilities and tasks among the different actors involved to avoid unnecessary overlap

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

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

achievement of the objectives of the Programme.

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

infrastructure, national agencies and bodies in that field. They are therefore able to make a

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

cooperate with the Union to promote the Programme’s services and applications and

ensure coherence between the relevant national initiatives and the Programme. 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

tasks in the implementation of the Programme. Where relevant, Member States should aim

to ensure coherence and complementarity of their recovery and resilience plans with the

Programme. Moreover, the Member States should take all necessary measures to ensure

the protection of the ground infrastructure located on their territories. In addition, Member

States should be able 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 on the basis of the services offered, in compliance with

Decision No 243/2012/EU of the European Parliament and of the Council **[1]** . The

frequencies made available to the Programme should have no financial impact on the

Programme.

**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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(50) In accordance with Article 17 of the Treaty on European Union (TEU) and as a 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. The Commission

should determine the main technical and operational requirements necessary to implement

systems and services evolution. It should do so after consulting Member States’ experts,

users and other relevant public or private stakeholders. Finally, in accordance with

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

States being prevented from exercising their respective competences. However, to make

good use of the Union funds, it is appropriate that the Commission ensures, as far as

possible, the consistency of activities performed in the context of the Programme, with

those of the Member States, without creating any unnecessary duplication of efforts.

(51) Article 154 of 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 entrusted with the implementation of Union funds. If necessary,

specific adjustments to those systems and procedures (supervisory measures), as well as

the arrangements for the existing contracts, should be defined in the corresponding

contribution agreement.

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(52) Given its worldwide coverage, the Programme has a strong international dimension.

International partners, their governments and citizens will be recipients of the

Programme’s array of services with accrued benefits to the international cooperation of the

Union and the Member States with those partners. For matters relating to the Programme,

the Commission might coordinate, within its field of competence and on behalf of the

Union, the activities on the international scene.

(53) Building on the expertise developed in the past years in management, operation and service

provision related to the Galileo and EGNOS components of the Union Space Programme,

the Agency is the most appropriate body to implement, under the supervision of the

Commission, tasks relating to the operation of the governmental infrastructure and

provision of governmental services. It should therefore develop further relevant capacities

for that purpose. The Agency should then be entrusted with the provision of governmental

services and should be able to be entrusted with all or part of the operational management

of the governmental infrastructure.

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# **EN**

(54) In relation to security, and given its experience in this area, the Agency should be

responsible for ensuring, through its Security Accreditation Board, the security

accreditation of the governmental services and infrastructure. Furthermore, subject to the

operational readiness of the Agency, notably in terms of adequate levels of human

resources, the Agency should perform the tasks entrusted to it by the Commission. Where

possible, the Agency should leverage its expertise, for example, throughout the European

Global Navigation Satellite System (EGNSS) activities. When entrusting tasks to the

Agency, adequate human, administrative and financial resources should be made available

to enable the Agency to fully carry out its tasks and missions.

(55) In order to ensure the operation of the governmental infrastructure and facilitate the

provision of the governmental services, the Agency should be allowed to entrust, by means

of contribution agreements, specific activities to other entities, within their respective

fields of competence, under the conditions of indirect management that apply to the

Commission as laid down in the Financial Regulation.

PE-CONS 65/1/22 REV 1 32

# **EN**

(56) ESA is an international organisation with extensive expertise in the space domain,

including in satellite communication, and is therefore an important partner in the

implementation of the different aspects of the Union’s space policy. In that regard, ESA

should be able to provide expertise to the Commission, including for the preparation of

specifications and implementation of the technical aspects of the Programme. For that

purpose, ESA should be entrusted with the supervision of the development and validation

activities of the Programme, and support the evaluation of the contracts concluded in the

context of the implementation of the Programme.

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

Union citizens, 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 the Member States, including in relation to classified and sensitive non-classified

information.

(58) Given the specific expertise of the EEAS and its regular contact with authorities of third

countries and international organisations, the EEAS should be able to assist the

Commission in performing certain tasks relating to the security of the Programme in the

field of external relations, in accordance with Council Decision 2010/427/EU **[1]** .

**1** Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and
functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

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(59) 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 infrastructure is also the best suited 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 the Union Space Programme 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 together

with the Member States the general security requirements applicable to the Programme. In

particular in the area of classified information, the security governance of the Programme

should reflect the respective roles and fields of competence of the Council and the Member

States in the evaluation and approval of cryptographic products for protecting EUCI.

PE-CONS 65/1/22 REV 1 34

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(60) The cybersecurity and physical security of the Programme infrastructure, both ground and

space, as well as its physical redundancy, are key to ensuring the continuity of the service

and the operations of the system. The need to protect the system and its services against

cyberattacks and threats to satellites, including by making use of new technologies, and by

supporting response to and recovery from such cyberattacks, should therefore be duly

taken into account when establishing general security requirements.

(61) Where appropriate, after the risk and threat analysis, the Commission should identify a

security monitoring structure. That security monitoring structure should be the entity

responding to instructions developed under the scope of Council Decision

(CFSP) 2021/698 **[1]** .

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

Commission and the High Representative, each within their respective field of

competence, should ensure the security of the Programme in accordance with this

Regulation and, where relevant, Decision (CFSP) 2021/698.

(63) The governmental services provided by the Programme will be used by the Union’s

governmental actors in security, defence, safety-critical missions and operations, as well as

the protection of critical infrastructure. Therefore, such services and infrastructure should

be subject to security accreditation.

**1** Council Decision (CFSP) 2021/698 of 30 April 2021 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 170, 12.5.2021, p. 178).

PE-CONS 65/1/22 REV 1 35

# **EN**

(64) It is 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

necessary that technical security accreditation activities are conducted by professionals

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

adequate level of security clearance.

(65) Under Article 17 TEU, the Commission is responsible for the management of programmes

which, in accordance with rules set out in the Financial Regulation, can be sub-delegated to

third parties under indirect management. In that context, it is necessary that the

Commission ensure that the tasks performed by third parties to implement the Programme

under indirect management do not undermine the security of the Programme in particular

as regards the control of classified information. It should therefore be clarified that where

the Commission entrusts ESA to carry out tasks under the Programme, the corresponding

contribution agreements are to ensure that classified information generated by ESA be

considered to be EUCI in accordance with Council Decision 2013/488/EU **[1]** and

Commission Decision (EU, Euratom) 2015/444 **[2]** and created under the authority of the

Commission.

**1** Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting
EU classified information (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).

PE-CONS 65/1/22 REV 1 36

# **EN**

(66) The governmental services of the Programme could be used in security and safety critical

missions and operations by Union and Member State actors. Therefore, in order to protect

the essential security interests of the Union and its Member States, measures to ensure a

necessary level of non-dependence on third parties (third countries and entities from third

countries) are needed, covering all Programme elements. Such measures could include

space and ground technologies at component, subsystem or system level, manufacturing

industries, owners and operators of space systems, and physical location of ground system

components.

(67) On the sole basis of an agreement to be concluded in accordance with Article 218 TFEU,

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 and other third

countries may be allowed to participate in the Programme.

(68) Pursuant to Council Decision (EU) 2021/1764 **[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.

**1** Council Decision (EU) 2021/1764 of 5 October 2021 on the association of the Overseas
Countries and Territories with the European Union including relations between the
European Union on the one hand, and Greenland and the Kingdom of Denmark on the other
(Decision on the Overseas Association, including Greenland) (OJ L 355, 7.10.2021, p. 6).

PE-CONS 65/1/22 REV 1 37

# **EN**

(69) Pursuant to paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on

Better Law-Making **[1]**, the 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. The evaluation of the Programme should take into

account the findings of the evaluation of the Union Space Programme pertaining to the

GOVSATCOM component carried out within the framework of Regulation

(EU) 2021/696.

**1** OJ L 123, 12.5.2016, p. 1.

PE-CONS 65/1/22 REV 1 38

# **EN**

(70) In order to ensure the continuing adequacy of the indicators to report on the progress of the

Programme, as well as the Programme’s monitoring and evaluation framework, the power

to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission

in respect of amending the Annex to this Regulation with regard to the indicators, of

supplementing this Regulation with provisions on the establishment of a monitoring and

evaluation framework and of supplementing this Regulation by specifying the

characteristics of a database of the Programme's space assets, as well as the methodology

and the processes to maintain and update it. 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.

PE-CONS 65/1/22 REV 1 39

# **EN**

(71) In the interests of sound public governance and given the synergies between the

Programme and the GOVSATCOM component, the Programme committee established

within the framework of Regulation (EU) 2021/696 in the GOVSATCOM configuration

should also serve as the committee for the purposes of the Programme. For matters

pertaining to the security of the Programme, the Programme committee should meet in a

dedicated security configuration.

(72) 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 of

the European Parliament and of the Council **[1]** . For the same reasons, representatives of third

countries and international organisations who have concluded an international agreement

with the Union, relating to the Programme, 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.

**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).

PE-CONS 65/1/22 REV 1 40

# **EN**

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

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

the detailed rules on the provision of governmental services, the operational requirements

for governmental services, the service portfolio for governmental services, the contribution

decisions regarding the contribution agreements and the work programmes, as well as

establishing additional requirements for the participation of third countries and

international organisations in the Programme. Those powers should be exercised in

accordance with Regulation (EU) No 182/2011.

(74) Governmental services that are based on governmental infrastructure should, as a general

rule, be provided free of charge to government-authorised users. However, capacity for

those services is limited. If, after analysis, the Commission concludes that there is a

shortage of capacities, it should be permitted to adopt a pricing policy, in duly justified

cases where demand exceeds the access capacity, as part of those detailed rules on the

service provision, to match the supply and demand of services. In order to ensure uniform

conditions for the implementation of this Regulation, implementing powers relating to the

adoption of such a pricing policy should be conferred on the Commission. Those powers

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

PE-CONS 65/1/22 REV 1 41

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

implementing powers relating to laying down measures required to determine the location

of the centres belonging to the ground governmental infrastructure 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.

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

implementing powers relating to determining general security requirements 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 general 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 Programme

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. Where the involvement of the security configuration of the

Programme committee is otherwise provided for, such involvement should take place in

accordance with the rules of procedure of the Programme committee.

PE-CONS 65/1/22 REV 1 42

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(77) The Programme complements the existing Union Space Programme by integrating and

extending its objectives and actions to create a secure and space-based connectivity system

for the Union. The evaluation of the Programme should take this into account.

(78) Since the objectives 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 those

objectives.

(79) The Programme should be established for a period of five 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]** (‘MFF 2021 2027’).

(80) In order to allow for the implementation of this Regulation to start as soon as possible,

with a view to reaching its objectives, it should enter into force as a matter of urgency,

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 433I, 22.12.2020, p. 11).

PE-CONS 65/1/22 REV 1 43

# **EN**

## **Chapter I** **General provisions**

_Article 1_

_Subject matter_

This Regulation establishes the Union Secure Connectivity Programme (the ‘Programme’) for the

remaining duration of the MFF 2021-2027. It lays down the objectives of the Programme, the

budget for the period 2023-2027, the forms of Union funding and the rules for providing such

funding, as well as the rules for the implementation of the Programme, taking into account

Regulation (EU) 2021/696.

_Article 2_

_Definitions_

For the purposes of this Regulation, the following definitions apply:

(1) ‘spacecraft’ means a spacecraft as defined in Article 2, point (1), of Regulation

(EU) 2021/696;

(2) ‘space debris’ means space debris as defined in Article 2, point (4), of Regulation

(EU) 2021/696;

PE-CONS 65/1/22 REV 1 44

# **EN**

(3) ‘payload’ means equipment carried by a spacecraft for the performance of a particular

mission in space;

(4) ‘ space ecosystem’ means a network of interacting undertakings operating in value chains

in the space sector, from the smallest start-ups to the largest undertakings, encompassing

the upstream and downstream segments of the space market;

(5) ‘European Quantum Communication Infrastructure’ or ‘EuroQCI ’ means an

interconnected space, ground and terrestrial infrastructure integrated into the secure

connectivity system, using quantum-based technology;

(6) ‘GOVSATCOM Hub’ means a GOVSATCOM hub as defined in Article 2, point (23), of

Regulation (EU) 2021/696;

(7) ‘the Agency’ means the European Union Agency for the Space Programme established by

Regulation (EU) 2021/696;

(8) ‘EU classified information’ or ‘EUCI’ means EU classified information or EUCI as

defined in Article 2, point (25), of Regulation (EU) 2021/696;

(9) ‘sensitive non-classified information’ means sensitive non-classified information as

defined in Article 2, point (26), of Regulation (EU) 2021/696;

(10) ‘blending operation’ means a blending operation as defined in Article 2, point (27), of

Regulation (EU) 2021/696.

PE-CONS 65/1/22 REV 1 45

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_Article 3_

_Programme objectives_

1. The general objectives of the Programme shall be to:

(a) ensure the provision and long-term availability within the Union’s territory and

worldwide uninterrupted access to secure, autonomous, high-quality, reliable and

cost-effective satellite governmental communication services to government

authorised users, by establishing a multi-orbital, secure connectivity system under

civil control and by supporting the protection of critical infrastructures, within the

meaning of Council Directive 2008/114/EC **[1]**, situational awareness, external actions,

crisis management and applications that are critical for the economy, the

environment, security and defence, thereby increasing the resilience and the

autonomy of the Union and the Member States, and reinforcing their satellite

communication technological and industrial base, while avoiding excessive reliance

on non-Union based solutions, in particular for critical infrastructure and access to

space;

**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).

PE-CONS 65/1/22 REV 1 46

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(b) enable the provision of commercial services, or services offered to government

authorised users based on commercial infrastructure at market conditions, by the

private sector in accordance with the Union’s applicable competition law, in order to

facilitate, inter alia, the further development of worldwide high-speed broadband and

seamless connectivity as well as removing communication dead zones and increasing

cohesion across Member States’ territories, while bridging the digital divide and

contributing, where applicable, to the general objectives referred to in Article 3 of

Directive (EU) 2018/1972.

2. The specific objectives of the Programme shall be to:

(a) complement and integrate the existing and future capacities of the GOVSATCOM

component into the secure connectivity system;

(b) improve the resilience, security and autonomy of the Union's and Member States’

communication services;

(c) develop further and gradually integrate EuroQCI into the secure connectivity system;

(d) ensure the right of use of orbital slots and relevant frequencies;

PE-CONS 65/1/22 REV 1 47

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(e) increase the robustness of the Union’s and the Member States’ communication

services and the cyber resilience of the Union, by developing redundancy, passive,

proactive and reactive cyber protection and operational cybersecurity and protective

measures against cyber threats and other measures against electromagnetic threats;

(f) enable, where possible, the development of communication and additional non

communication services, in particular by improving components of the Union Space

Programme, creating synergies between them and expanding their capabilities and

services, as well as the development of non-communication services to be provided

to Member States, by hosting additional satellite subsystems, including payloads;

(g) encourage innovation, efficiency, as well as the development and use of disruptive

technologies and innovative business models throughout the European space

ecosystem, including New Space actors, new entrants, start-ups and SMEs, in order

to strengthen the competitiveness of the Union space sector;

(h) improve secure connectivity over geographical areas of strategic interest, such as

Africa and the Arctic as well as the Baltic, the Black Sea, Mediterranean regions and

the Atlantic;

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(i) enhance the safety and sustainability of outer space activities, by implementing

appropriate measures to ensure and to promote responsible behaviour in space when

implementing the Programme, including through seeking to prevent the proliferation

of space debris.

3. The prioritisation and development of the additional non-communication services referred

to in paragraph 2, point (f), of this Article and their respective funding shall comply with

the objectives of Regulation (EU) 2021/696 and shall be examined by the Programme

committee meeting in the relevant configuration, as set out in Regulation (EU) 2021/696.

_Article 4_

_Programme activities_

1. The provision of the governmental services referred to in Article 10(1) shall be ensured

through the following phased activities, which shall complement and integrate the

GOVSATCOM component into the secure connectivity system:

(a) the definition, design, development, validation and related deployment activities for

the construction of the space and ground infrastructure required for the provision of

the first governmental services by 2024;

PE-CONS 65/1/22 REV 1 49

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(b) gradual deployment activities to complete the space and ground infrastructure

required for the provision of advanced governmental services, in order to meet the

needs of government-authorised users as soon as possible, aiming to achieve full

operational capability by 2027;

(c) the development and deployment of EuroQCI for the purpose of its gradual

integration into the secure connectivity system;

(d) exploitation activities providing governmental services, comprising the operation,

maintenance, continuous improvement and protection of the space and ground

infrastructure, including replenishment and obsolescence management;

(e) the development of future generations of space and ground infrastructure and the

evolution of governmental services.

2. The provision of commercial services shall be ensured by the contractors referred to in

Article 19.

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_Article 5_

_Infrastructure of the secure connectivity system_

1. The secure connectivity system shall be established by defining, designing, developing,

building and operating a multi-orbital connectivity infrastructure, adjusted to the evolution

of governmental demand for satellite communications and offering low latency. It shall be

modular in order to fulfil the objectives referred to in Article 3 and to establish the service

portfolio for governmental services laid down in Article 10(1). It shall complement and

integrate the existing and future capacities used in the framework of the GOVSATCOM

component. It shall consist of a governmental infrastructure, as referred to in paragraph 2

of this Article, and a commercial infrastructure, as referred to in paragraph 4 of this

Article.

2. The governmental infrastructure of the secure connectivity system shall include all the

related ground and space assets which are required for the provision of the governmental

services, as laid down in Article 10(1), points (a) and (b), of this Regulation, including the

following assets:

(a) either satellites or satellite subsystems, including payloads;

(b) EuroQCI;

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(c) infrastructure for monitoring the security of the governmental infrastructure and

governmental services;

(d) ground infrastructure for the provision of the services to government-authorised

users, including the GOVSATCOM ground segment infrastructure, which is to be

scaled up, in particular the GOVSATCOM Hubs referred to in Article 67 of

Regulation (EU) 2021/696.

The governmental infrastructure shall host, where appropriate, additional satellite

subsystems, in particular payloads, that may be used as part of the space-based

infrastructure of the components of the Union Space Programme referred to in Article 3 of

Regulation (EU) 2021/696 under the terms and conditions set out in that Regulation, as

well as satellite subsystems used for the provision of non-communication services to

Member States.

3. The Commission shall adopt, by means of implementing acts, where necessary, measures

required to determine the location of the centres belonging to the ground governmental

infrastructure, in accordance with the general security requirements referred to in

Article 30(3) of this Regulation, following an open and transparent process. Those

implementing acts shall be adopted in accordance with the examination procedure referred

to in Article 47(3) of this Regulation.

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For the protection of the security interests of the Union and its Member States the centres

referred to in the first subparagraph of this paragraph shall be, where possible, located in

the territory of the Member States and governed by a hosting agreement in the form of an

administrative agreement between the Union and the Member State concerned.

Where it is not possible to locate the centres in the territory of the Member States, the

Commission may determine the location of such centres in the territory of members of

EFTA which are members of the EEA or in the territory of another third country, subject to

a hosting agreement between the Union and the third country concerned concluded in

accordance with Article 218 TFEU.

Notwithstanding the first subparagraph of this paragraph, the location of the

GOVSATCOM Hubs shall be determined in accordance with Article 67(2) of Regulation

(EU) 2021/696.

4. The commercial infrastructure of the secure connectivity system shall include all space and

ground assets other than those being part of the governmental infrastructure. The

commercial infrastructure shall not impair the performance or security of the governmental

infrastructure. The commercial infrastructure and any related risks shall be entirely

financed by the contractors referred to in Article 19, in order to fulfil the objective referred

to in Article 3(1), point (b).

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5. In order to protect the security interests of the Union, the space assets of the governmental

infrastructure shall be launched by existing and future service providers, including those

using small launchers and microlaunchers, that comply with the eligibility and

participation conditions set out in Article 22 and, only in justified exceptional

circumstances, from the territory of a third country.

_Article 6_

_Ownership and use of assets_

1. The Union shall be the owner of all tangible and intangible assets which form part of the

governmental infrastructure developed under the Programme, as referred to in Articles 5(2)

and 19(10), with the exception of the EuroQCI terrestrial infrastructure, which shall be

owned by the Member States. To that end, the Commission shall ensure that contracts,

agreements and other arrangements concerning activities that may result in the creation or

development of such assets contain provisions ensuring the Union’s ownership of those

assets.

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2. The Commission shall ensure that the Union has the following rights:

(a) the right of use of the frequencies required for the transmission of the signals

generated by the governmental infrastructure, in accordance with the applicable laws

and regulations and the relevant licensing agreements, enabled by the relevant filings

for the frequencies provided by the Member States, which remain under the

responsibility of the Member States;

(b) the right to prioritise the provision of the governmental services over commercial

services, in accordance with the terms and conditions to be established in the

contracts referred to in Article 19 and by taking into consideration the needs of

government-authorised users referred to in Article 12(1).

3. The Commission shall seek to conclude contracts, agreements or other arrangements with

third parties, including the contractors referred to in Article 19, with regard to:

(a) pre-existing ownership rights in respect of tangible and intangible assets which form

part of the governmental infrastructure;

(b) the acquisition of the ownership or license rights in respect of other tangible and

intangible assets necessary for the implementation of the governmental

infrastructure.

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4. Where the assets referred to in paragraphs 1, 2 and 3 consist of intellectual property rights,

the Commission shall manage those rights as effectively as possible, taking into account:

(a) the need to protect and give value to the assets;

(b) the legitimate interests of all stakeholders concerned;

(c) the need to ensure competitive and well-functioning markets and to develop new

technologies;

(d) the need for the continuity of the services provided by the Programme.

5. The Commission shall, where appropriate, ensure 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 such third parties can freely enjoy those rights

where necessary for carrying out their tasks under this Regulation.

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_Article 7_

_Actions in support of an innovative and competitive Union space ecosystem_

1. In accordance with the objective referred to in Article 3(2), point (g), of this Regulation,

the Programme shall support an innovative and competitive Union space ecosystem,

including New Space, and in particular the activities set out in Article 6 of Regulation

(EU) 2021/696.

2. The Commission shall stimulate innovation in the Union space ecosystem, including New

Space, throughout the duration of the Programme by:

(a) establishing criteria for the award of the contracts referred to in Article 19, ensuring

the widest participation of start-ups and SMEs from across the Union and along the

whole value chain;

(b) requiring that the contractors referred to in Article 19 provide a plan to maximise, in

accordance with Article 21, the integration of new entrants, start-ups and SMEs from

across the Union in the activities under the contracts referred to in Article 19;

(c) requiring, through the contracts referred to in Article 19, that new entrants, start-ups,

SMEs and mid-cap companies from across the Union are able to deliver their own

services to end-users;

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(d) promoting the use and development of open standards, open source technologies and

interoperability in the architecture of the secure connectivity system, in order to

allow synergies, optimise costs, improve reliability, foster innovation and reap the

benefits of wide competition;

(e) promoting the development and production in the Union of critical technologies,

which are required to exploit governmental services.

3. The Commission shall also:

(a) support the procurement and aggregation of service contracts for the needs of the

Programme with the objective of leveraging and stimulating private investments in

the long term, including through joint procurement;

(b) promote and encourage stronger participation of women and establish equality and

inclusion goals in the tender documentation;

(c) contribute to the development of advanced skills in space-related fields and to

training activities.

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_Article 8_

_Environmental and space sustainability_

1. The Programme shall be implemented with a view to ensuring environmental and space

sustainability. To that end, the contracts and procedures referred to in Article 19 shall

include provisions on:

(a) the minimisation of greenhouse gas emissions generated by the development,

production and deployment of the infrastructure;

(b) the establishment of a scheme to offset the remaining greenhouse gas emissions;

(c) appropriate measures to reduce visible and invisible radiation pollution caused by

spacecraft, and that can hamper astronomical observations or any other type of

research and observations;

(d) the use of appropriate collision-avoidance technologies for spacecraft;

(e) the submission and implementation of a comprehensive mitigation plan regarding

space debris before the deployment phase, including orbital positioning data, in order

to ensure the avoidance of space debris by the satellites of the constellation.

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2. The contracts and procedures referred to in Article 19 of this Regulation shall include an

obligation to provide data, in particular ephemeris data and planned manoeuvres, to the

entities in charge of producing SST information as defined in Article 2, point (10), of

Regulation (EU) 2021/696 and SST services as referred to in Article 55 of that Regulation.

3. The Commission shall ensure that a comprehensive database of the Programme’s space

assets, containing, in particular, data relating to environmental and space sustainability

aspects, is maintained.

4. The Commission shall adopt delegated acts, in accordance with Article 45, in order to

supplement this Regulation by specifying the characteristics of, and establishing the

methodology and the processes to maintain and update the database referred to in

paragraph 3 of this Article.

5. The scope of delegated acts adopted in accordance with paragraph 4 shall be limited to:

(a) the space assets owned by the Union, as referred to in Articles 5(2) and 19(10);

(b) the space assets owned by the contractors referred to in Article 19, as referred to in

Articles 5(4) and 19(10).

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## **Chapter II** **Services and participants**

_Article 9_

_Governmental services_

1. Governmental services shall be provided to the Programme participants referred to in

Article 11(1), (2) and (3).

2. The Commission shall adopt, by means of implementing acts, detailed rules on the

provision of governmental services, by taking into account Article 66 of Regulation

(EU) 2021/696, on the basis of the consolidated demand of current and anticipated needs

for the different services as identified together with the Member States, and dynamic

allocation of the resources and prioritisation of the governmental services between

different Programme participants according to relevance and criticality of the users’ needs

and, where appropriate, cost-efficiency.

3. The governmental services referred to in Article 10(1) shall be provided free of charge to

government-authorised users.

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4. The Commission shall purchase the services referred to in Article 10(2), under market

conditions, in accordance with the applicable provisions of the Financial Regulation with

the objective of guaranteeing the provision of those services to all Member States. The

precise capacity and budget allocation for those services shall be determined in the

implementing act referred to in paragraph 2 of this Article on the basis of input from the

Member States.

5. By way of derogation from paragraph 3 of this Article, the Commission shall, in duly

justified cases, where strictly necessary to match supply and demand of governmental

services, adopt, by means of implementing acts, a pricing policy, which shall be consistent

with the pricing policy referred to in Article 63(1) of Regulation (EU) 2021/696.

By adopting a pricing policy, the Commission shall ensure that the provision of the

governmental services does not distort competition, that there is no shortage of the

governmental services and that the price identified will not result in an overcompensation

of the contractors referred to in Article 19.

6. The implementing acts referred to in paragraphs 2 and 5 of this Article shall be adopted in

accordance with the examination procedure referred to in Article 47(3).

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7. The gradual provision of governmental services shall be ensured as laid down in the

service portfolio referred to in Article 10(1), subject to the availability of the infrastructure

of the secure connectivity system, following the implementation of the activities set out in

Article 4(1), points (a) and (b), and building on and leveraging existing services and

capabilities as appropriate.

8. Equal treatment of the Member States shall be ensured when providing governmental

services in accordance with their needs as referred to in Article 25(7).

_Article 10_

_Service portfolio for governmental services_

1. The service portfolio for governmental services shall be established in accordance with

paragraph 4 of this Article. It shall comprise at least the following categories of service and

shall complement the portfolio of GOVSATCOM services referred to in Article 63(3) of

Regulation (EU) 2021/696:

(a) services restricted to government-authorised users based on governmental

infrastructure, which require a high level of security and which are not suitable for

services referred to in paragraph 2 of this Article, such as robust worldwide low

latency service or robust space data relay;

(b) quantum communication services, such as QKD services.

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2. The service portfolio for governmental services shall also comprise services to

government-authorised users based on the commercial infrastructure, such as assured

worldwide low latency service or worldwide narrowband service.

3. The service portfolio for the governmental services shall also comprise the technical

specifications for each category of service, such as geographical coverage, frequency,

bandwidth, user equipment and security features.

4. The Commission shall adopt, by means of implementing acts, the service portfolio for

governmental services. Those implementing acts shall be based on the operational

requirements referred to in paragraph 5 of this Article, on input from the Member States

and on the general security requirements referred to in Article 30(3).

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 47(3).

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5. The Commission shall adopt, by means of implementing acts, the operational requirements

for governmental services, in the form of technical specifications and implementation

plans, relating in particular to crisis management, situational awareness, key infrastructure

management, including diplomatic and defence communication networks, and other

government-authorised users’ needs. Those operational requirements shall be based on the

requirements of the Programme users, tailored to cover the confirmed demand, and shall

take into account requirements stemming from existing user equipment and networks and

operational requirements for GOVSATCOM services adopted in accordance with

Article 63(2) of Regulation (EU) 2021/696. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 47(3) of this Regulation.

6. The terms and conditions for the provision of services, and related risks, provided through

the commercial infrastructure shall be determined in the contracts referred to in Article 19.

_Article 11_

_Programme participants and competent authorities_

1. Member States, the Council, the Commission and the EEAS shall be Programme

participants insofar as they authorise the users of the governmental services or provide

capacities, sites or facilities.

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2. Union agencies and bodies may become Programme participants insofar as necessary to

fulfil their tasks and in accordance with detailed rules laid down in an administrative

arrangement concluded between the agency or body concerned and the Union institution

that supervises it.

3. Third countries and international organisations may become Programme participants in

accordance with Article 39.

4. Each Programme participant shall designate one competent secure connectivity authority.

Programme participants shall be deemed to comply with the requirement referred to in the

first subparagraph if they satisfy both of the following criteria:

(a) they are also GOVSATCOM participants in accordance with Article 68 of

Regulation (EU) 2021/696;

(b) they have designated a competent authority in accordance with Article 68(4) of

Regulation (EU) 2021/696.

5. The prioritisation of governmental services between the users authorised by each

Programme participant shall be determined and implemented by that Programme

participant.

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6. A competent secure connectivity authority as referred to in paragraph 4 shall ensure that:

(a) the use of governmental services is in compliance with the general security

requirements referred to in Article 30(3);

(b) the access rights to the governmental services are determined and managed;

(c) user equipment necessary for the use of the governmental services and associated

electronic communication connections and information are used and managed in

accordance with the general security requirements referred to in Article 30(3);

(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 the Programme.

_Article 12_

_Users of the governmental services_

1. The following entities may be authorised as users of governmental services:

(a) a Union or Member State public authority or a body entrusted with the exercise of

public authority;

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(b) a natural or legal person acting on behalf and under the control of an entity referred

to in point (a).

2. The users of governmental services referred to in paragraph 1 of this Article shall be duly

authorised by the Programme participants referred to in Article 11 to use the governmental

services and shall comply with the general security requirements referred to in

Article 30(3).

## **Chapter III** **Budgetary contribution and funding mechanisms**

_Article 13_

_Budget_

1. The financial envelope for the implementation of the Programme for the period

from 1 January 2023 to 31 December 2027 and for covering the associated risks shall be

EUR 1,65 billion in current prices.

The amount referred to in the first subparagraph shall be distributed indicatively from the

MFF 2021-2027 as follows:

(a) EUR 1 billion from Heading 1 (Single Market, Innovation and Digital);

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(b) EUR 0,5 billion from Heading 5 (Security and Defence);

(c) EUR 0,15 billion from Heading 6 (Neighbourhood and the World).

2. The Programme shall be complemented by an amount of EUR 0,75 billion implemented

under the Horizon Europe Programme, the GOVSATCOM component and the

Neighbourhood, Development and International Cooperation Instrument (NDICI) for a

maximum indicative amount of EUR 0,38 billion, EUR 0,22 billion and EUR 0,15 billion,

respectively. That funding shall be implemented in compliance with the objectives, rules

and procedures set out, respectively, in Regulation (EU) 2021/695 and Decision

(EU) 2021/764, and Regulations (EU) 2021/696 and (EU) 2021/947.

3. The amount referred to in paragraph 1, first subparagraph, of this Article shall be used to

cover all the activities required to fulfil the objectives referred to in Article 3(1), point (a),

and to cover the purchase of services referred to in Article 9(4). Such expenditure may also

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;

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(c) the information technology networks whose function it is to process or exchange

information, and the administrative management measures implemented by the

Commission, including in the field of security;

(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.

4. Actions that receive cumulative funding from different Union programmes shall be audited

only once, covering all involved programmes and their respective applicable rules.

5. The budgetary commitments for activities extending over more than one financial year

may be broken down over several years into annual instalments.

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6. 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 Regulation (EU) 2021/1060 of the European Parliament and of the

Council **[1]** . The Commission shall implement those resources directly in accordance with

Article 62(1), first subparagraph, point (a), 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 14_

_Cumulative and alternative funding_

An action that has received a contribution from another Union programme, including funds under

shared management, may also receive a contribution under the 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 funding 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.

**1** Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021
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 (OJ L 231, 30.6.2021, p. 159).

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_Article 15_

_Additional contributions to the Programme_

1. The Programme may receive additional financial contributions or contributions in-kind

from any of the following:

(a) Union agencies and bodies;

(b) Member States, in accordance with relevant agreements;

(c) third countries participating in the Programme, in accordance with relevant

agreements;

(d) international organisations, in accordance with relevant agreements.

2. The additional financial contribution referred to in paragraph 1 of this Article and revenues

pursuant to Article 9(5) of this Regulation shall be treated as external assigned revenue in

accordance with Article 21(5) of the Financial Regulation.

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_Article 16_

_ESA contribution_

ESA, in accordance with its own internal rules and procedures, may contribute through ESA

optional programmes to the Programme's development and validation activities resulting from the

procurement approach referred to in Article 19(1), while protecting the essential security interests of

the Union and its Member States.

_Article 17_

_Private sector contribution_

The contractors referred to in Article 19 shall entirely finance the commercial infrastructure referred

to in Article 5 in order to fulfil the objective referred to in Article 3(1), point (b).

_Article 18_

_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 the Article

62(1), first subparagraph, point (c), of the Financial Regulation.

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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.

## **Chapter IV** **Implementation of the Programme**

_Article 19_

_Implementation model_

1. The Programme shall be implemented, as appropriate, in a phased approach until the

completion of the activities set out in Article 4. The Commission, in coordination with the

Member States, shall ensure that the procurement approach allows for the widest

competition possible in order to foster appropriate participation of the entire industrial

value chain for the contracts related to the provision of the services referred to in

Article 10(1) and the contracts related to the purchase of the services referred to in

Article 10(2).

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2. The activities set out in Article 4 of this Regulation shall be implemented through several

contracts awarded in compliance with the Financial Regulation and the principles of

procurement under Article 20 of this Regulation and may take the form of concession

contracts, supply, service, or works contracts or mixed contracts.

3. The contracts referred to in this Article shall be procured under direct or indirect

management and may take the form of an inter-institutional procurement, as referred to in

Article 165(1) of the Financial Regulation, between the Commission and the Agency,

whereby the Commission shall assume the role of lead contracting authority.

4. The procurement approach referred to in paragraph 1 of this Article and the contracts

referred to in this Article shall comply with the implementing acts referred to in

Articles 9(2), 10(4) and 10(5).

5. If the result of the procurement approach referred to in paragraph 1 of this Article takes the

form of concession contracts, those concession contracts shall set out the architecture of

the governmental infrastructure of the secure connectivity system, roles, responsibilities,

financial scheme and the allocation of risks between the Union and the contractors, by

taking into account the ownership regime under Article 6 and the funding of the

Programme under Chapter III.

6. If a concession contract is not awarded, the Commission shall ensure an optimal

implementation of the objective referred to in Article 3(1), point (a), by procuring, as

appropriate, a supply, service or works contract or a mixed contract.

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7. The Commission shall take the necessary measures to ensure continuity of the

governmental services if the contractors referred to in this Article are unable to fulfil their

obligations.

8. Where appropriate, the procurement procedures for the contracts referred to in this Article

may also take the form of joint procurements with Member States, in accordance with

Article 165(2) of the Financial Regulation.

9. The contracts referred to in this Article shall in particular ensure that the provision of

services based on commercial infrastructure preserves the Union’s essential interests and

the Programme’s general and specific objectives referred to in Article 3. Those contracts

shall also include adequate safeguards to avoid any overcompensation of the contractors

referred to in this Article, distortions of competition, conflicts of interest, undue

discrimination or any other hidden indirect advantages. Such safeguards may include the

obligation of accounting separation between the provision of governmental services and

the provision of commercial services, including the setting up of a structurally and legally

separate entity from the vertically integrated operator for the provision of governmental

services, and the provision of open, fair, reasonable and non-discriminatory access to the

infrastructure necessary for the provision of commercial services. The contracts shall also

ensure that the conditions of Article 22 are met throughout their duration.

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10. Where the governmental and commercial services rely on common subsystems or

interfaces to ensure synergies, the contracts referred to in this Article shall also determine

which of those interfaces and common subsystems shall be part of the governmental

infrastructure in order to ensure the protection of the security interests of the Union and its

Member States.

_Article 20_

_Principles of procurement_

1. Public procurement under the Programme shall be carried out in accordance with the rules

on procurement laid down in the Financial Regulation.

2. In public procurement procedures for the purpose of the Programme, complementing the

principles laid down in the Financial Regulation, the contracting authority shall act in

accordance with the following principles:

(a) to promote in all Member States across the Union and throughout the supply chain,

the widest and most open participation possible by economic operators, in particular

new entrants, start-ups and SMEs, including in the case of subcontracting by the

tenderers;

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(b) to ensure effective competition in the tendering process, 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;

(c) to follow the principles of open access and competition, 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;

(d) to protect the security and public interest of the Union and its Member States,

including through a reinforcement of the strategic autonomy of the Union, in

particular in technological terms, by performing risk assessments and implementing

disruption risk mitigation measures, for instance when only one supplier is available;

(e) to comply with the general security requirements referred to in Article 30(3) and to

contribute to the protection of the essential security interests of the Union and its

Member States;

(f) by way of derogation from Article 167 of the Financial Regulation, to use, where

appropriate, multiple supply sources in order to ensure better overall control of the

Programme, its cost and schedule;

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(g) to promote service accessibility, continuity and reliability;

(h) to enhance the safety and sustainability of outer space activities, by implementing

appropriate measures in accordance with the provisions set out in Article 8;

(i) to ensure the effective promotion of equal opportunities for all, the implementation

of gender mainstreaming and of the gender dimension and to aim to address the

causes of gender imbalance, paying particular attention to ensure gender balance in

evaluation panels.

_Article 21_

_Subcontracting_

1. To encourage new entrants, start-ups and SMEs across the Union 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 subcontract 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. For contracts above EUR 10 million, the contracting authority shall 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, in particular

in order to enable the cross-border participation of SMEs in the space ecosystem.

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3. The tenderer shall provide reasons for not fulfilling a request made under paragraph 1 or

for deviating from the percentage referred to in paragraph 2.

4. The Commission shall inform the Programme committee referred to in Article 47 of the

fulfilment of the objectives referred to in paragraphs 1 and 2 of this Article for contracts

signed after … [the date of entry into force of this Regulation].

_Article 22_

_Eligibility and participation conditions for the preservation of the security,_

_integrity and resilience of operational systems of the Union_

Eligibility and participation conditions shall apply to the award procedures carried out in the

implementation of the Programme, where necessary and appropriate to preserve the security,

integrity and resilience of the operational Union systems as set out in Article 24 of Regulation

(EU) 2021/696, 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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_Article 23_

_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.

## **Chapter V** **Governance of the Programme**

_Article 24_

_Principles of governance_

The governance of the Programme shall be based on the following principles:

(a) a clear distribution of tasks and responsibilities between the entities involved in the

implementation of the Programme;

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(b) ensuring the relevance of the governance structure to the specific needs of the Programme

and measures, as appropriate;

(c) strong control of the Programme, including strict adherence to cost, schedule and

performance by all the entities, according to their respective roles and the tasks conferred

on them, in accordance with this Regulation;

(d) transparent and cost-efficient management;

(e) service continuity and necessary infrastructure continuity, including security monitoring

and management, and protection from relevant threats;

(f) systematic and structured consideration of the needs of users of the data, information and

services provided by the Programme, as well as of related scientific and technological

evolutions;

(g) constant efforts to control and mitigate risks.

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_Article 25_

_Role of the Member States_

1. The Member States may 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 Programme the data, information, services and

infrastructure located on their territory.

2. Where possible, the Member States shall aim to ensure coherence and complementarity of

the relevant activities and interoperability of their capacities under their recovery and

resilience plans under Regulation (EU) 2021/241 of the European Parliament and of the

Council **[1]** with the Programme.

3. The Member States shall take all the necessary measures to ensure the smooth functioning

of the Programme.

4. The Member States may help to secure and 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

governmental services provided by the Programme.

**1** Regulation (EU) 2021/241 of the European Parliament and of the Council
of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021,
p. 17).

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6. In the field of security, the Member States shall perform the tasks referred to in Article 42

of Regulation (EU) 2021/696.

7. The Member States shall provide their operational needs in order to consolidate the

capacity and further detail the specifications of their governmental services. They shall

also advise the Commission on any matter within their respective fields of competence, in

particular by providing input for the preparation of the implementing acts.

8. 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 47(2).

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_Article 26_

_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 evolution of the Programme, in line with the duly

established user requirements, and shall supervise its implementation, without prejudice to

other policies of the Union.

2. 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 interests of the Union, guarantee the sound

management of the Union’s funds and comply with the Financial Regulation and this

Regulation.

3. The Commission shall procure, award and sign the contracts referred to in Article 19.

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4. The Commission may entrust tasks concerning the Programme to the Agency and ESA

under indirect management, according to their respective roles and responsibilities, as set

out under Articles 27 and 28. In order to facilitate the achievement of the objectives

referred to in Article 3 and promote the most efficient cooperation between the

Commission, the Agency and ESA, the Commission may establish contribution

agreements with each entrusted entity.

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 47(2).

5. Without prejudice to the tasks of the contractors referred to in Article 19, the Agency or

other entrusted entities, the Commission shall ensure the uptake and use of the

governmental services. It shall ensure complementarity, consistency, synergies and links

between the Programme and other Union actions and programmes.

6. Where appropriate, the Commission shall ensure the coherence of activities performed in

the context of the Programme with the activities already carried out in the space domain at

Union, national or international level. It shall encourage cooperation between the Member

States, facilitate interoperability of their technological capacities and developments in the

space domain, and, where relevant to the Programme, aim to ensure coherence of the

secure connectivity system with the relevant activities and interoperability of capacities

developed under the national recovery and resilience plans.

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7. The Commission shall inform the European Parliament and the Programme committee

referred to in Article 47(1) of the interim and final results of the evaluation of any

procurement procedures and of any contracts, including subcontracts, with public and

private entities.

_Article 27_

_Role of the Agency_

1. The own task of the Agency shall be to ensure, through its Security Accreditation Board,

the security accreditation of the governmental infrastructure and governmental services in

accordance with Chapter II of Title V of Regulation (EU) 2021/696.

2. The Commission shall entrust, by means of one or more contribution agreements, subject

to the operational readiness of the Agency, in particular in terms of adequate level of

human resources, the following tasks to the Agency:

(a) all or part of the operational management of the governmental infrastructure of the

Programme;

(b) operational security of the governmental infrastructure, including risk and threat

analysis, security monitoring, in particular setting technical specifications and

operational procedures, and monitoring their compliance with the general security

requirements referred to in Article 30(3).

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(c) provision of the governmental services, in particular through the GOVSATCOM

Hub;

(d) management of the contracts referred to in Article 19, after their award and

signature;

(e) overarching coordination of user-related aspects of the governmental services in

close collaboration with Member States, relevant Union agencies, the EEAS and

other entities;

(f) undertaking activities related to user uptake of services offered by the Programme

without affecting the activities performed by the contractors under the contracts

referred to in Article 19.

3. The Commission may entrust, by means of one or more contribution agreements, other

tasks to the Agency, on the basis of the needs of the Programme.

4. Where activities are entrusted to the Agency, appropriate financial, human and

administrative resources shall be ensured for their implementation. For that purpose, the

Commission may allocate part of the budget for the activities entrusted to the Agency for

the funding of human resources necessary 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, within

their respective fields of competence, under the conditions of indirect management

applying to the Commission.

_Article 28_

_Role of ESA_

1. Provided that the interest of the Union is protected, ESA shall, within the field of its

expertise, be entrusted with the following tasks:

(a) the supervision of the development, of the validation and of the related deployment

activities referred to in Article 4(1), point (a), and of the development and evolution

referred to in Article 4(1), point (e), undertaken within the framework of contracts

referred to in Article 19, in accordance with terms and conditions to be agreed in the

contribution agreements referred to in Article 26(4), ensuring coordination between

the tasks and budget entrusted to ESA under this Article and possible contribution by

ESA, as referred to in Article 16;

(b) the provision of its expertise to the Commission including for the preparation of

specifications and implementation of the technical aspects of the Programme;

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(c) the provision of support with regard to the evaluation of contracts concluded under

Article 19;

(d) tasks related to the space and related ground segment of the EuroQCI referred to in

Article 4(1), point (c).

2. On the basis of an assessment by the Commission, ESA may be entrusted with other tasks

on the basis of the needs of the Programme, provided that those tasks do not duplicate

activities performed by another entity in the context of the Programme and that they aim to

improve the efficiency of the implementation of the Programme’s activities.

## **Chapter VI** **Security of the Programme**

_Article 29_

_Principles of security_

Article 33 of Regulation (EU) 2021/696 shall apply to the Programme.

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_Article 30_

_Governance of security_

1. The Commission shall, within its field of competence and with the support of the Agency,

ensure a high degree of security, in particular, with regard to:

(a) the protection of infrastructure, both ground and space, and of the provision of

services, particularly against physical or cyberattacks, 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.

2. The Commission shall consult the Council and the Member States regarding the

specification and design of any aspect of the EuroQCI infrastructure, in particular the QKD

that relates to the protection of EUCI.

The evaluation and approval of cryptographic products for the protection of EUCI shall be

carried out while respecting the respective roles and fields of competence of the Council

and the Member States.

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The security accreditation authority shall verify within the security accreditation process

that only approved cryptographic products are used.

3. For the purposes of paragraph 1 of this Article, the Commission shall ensure that a risk and

threat analysis is performed for the governmental infrastructure referred to in Article 5(2).

On the basis of that analysis, it shall determine, by means of implementing acts, the general

security requirements. In doing so, the Commission shall take account of the impact of

those requirements on the smooth functioning of the governmental infrastructure, in

particular in terms of cost, risk management and schedule, and shall ensure that the general

level of security is not reduced, the functioning of the equipment is not undermined and the

cybersecurity risks are taken into account. Those implementing acts shall be adopted in

accordance with the examination procedure referred to in Article 47(3).

4. Article 34(3) to (7) of Regulation (EU) 2021/696 shall apply to the Programme. For the

purposes of this Regulation, the term ‘component’ in Article 34 of Regulation

(EU) 2021/696 shall be read as ‘governmental infrastructure’, including governmental

services, and all the references to Article 34(2) of Regulation (EU) 2021/696 shall be

construed as references to paragraph 3 of this Article.

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_Article 31_

_Security of the system and services deployed_

Whenever the security of the Union or its Member States may be affected by the operation of the

system or the provision of the governmental services, Decision (CFSP) 2021/698 shall apply.

_Article 32_

_Security accreditation authority_

The Security Accreditation Board established within the Agency under Article 72(1), point (c), of

Regulation (EU) 2021/696 shall be the security accreditation authority for the governmental

infrastructure and related governmental services of the Programme.

_Article 33_

_General principles of security accreditation_

Security accreditation activities related to the Programme shall be conducted in accordance with the

principles laid down in Article 37, points (a) to (j), of Regulation (EU) 2021/696. For the purposes

of this Regulation, the term ‘component’ in Article 37 of Regulation (EU) 2021/696 shall be read as

‘governmental infrastructure’ and all the references to Article 34(2) of Regulation (EU) 2021/696

shall be construed as references to Article 27(2) of this Regulation.

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_Article 34_

_Tasks and composition of the Security Accreditation Board_

1. Article 38, with the exception of paragraph 2, points (c) to (f), and of paragraph 3,

point (b), and Article 39 of Regulation (EU) 2021/696 shall apply to the Programme.

2. The Security Accreditation Board shall have the following tasks, in addition to those

referred to in paragraph 1:

(a) examining and, except as regards documents which the Commission is to adopt

under Article 30(3), approving all documentation relating to security accreditation;

(b) advising, within its field of competence, the Commission on the production of draft

texts for the acts referred to in Article 30(3), including for the establishment of

security operating procedures, and providing a statement with its concluding

position;

(c) examining and approving the security risk assessment drawn up in accordance with

the monitoring process referred to in Article 37, point (h), of Regulation

(EU) 2021/696 and the risk and threat analysis drawn up in accordance with

Article 30(3) of this Regulation, and cooperating with the Commission to establish

risk mitigation measures.

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3. In addition to paragraph 1 and on an exceptional basis, only representatives of the

contractors involved in governmental infrastructure and services may be invited to attend

the meetings of the Security Accreditation Board, as observers, for matters directly relating

to those contractors. The arrangements and conditions for their attendance shall be laid

down in the rules of procedure of the Security Accreditation Board.

_Article 35_

_Voting rules of the Security Accreditation Board_

Article 40 of Regulation (EU) 2021/696 shall apply with regard to the voting rules of the Security

Accreditation Board.

_Article 36_

_Communication and impact of decisions of the Security Accreditation Board_

1. Article 41(1) to (4) of Regulation (EU) 2021/696 shall apply to the decisions of the

Security Accreditation Board. For the purposes of this Regulation, the term ‘component’ in

Article 41 of Regulation (EU) 2021/696 shall be read as ‘governmental infrastructure’.

2. The timetable for the work of the Security Accreditation Board shall not hamper the

timetable of activities provided in the work programmes referred to in Article 41(1).

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_Article 37_

_Role of the Member States in security accreditation_

Article 42 of Regulation (EU) 2021/696 shall apply to the Programme.

_Article 38_

_Protection of classified information_

1. Article 43 of Regulation (EU) 2021/696 shall apply to classified information related to the

Programme.

2. Subject to the provisions of the agreement on the security and exchange of classified

information between the Union institutions and ESA, ESA may generate EUCI with regard

to the tasks entrusted to it pursuant to Article 28(1) and (2).

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## **Chapter VII** **International relations**

_Article 39_

_Participation of third countries and international organisations in the Programme_

1. In accordance with the conditions laid down in specific agreements concluded in

accordance with Article 218 TFEU covering the participation of a third country to any

Union programme, the Programme shall be open to the participation of members of EFTA

which are members of EEA), as well as 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;

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(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;

(c) third countries, other than those third countries covered in points (a) and (b).

2. The Programme shall be open to the participation of an international organisation in

accordance with a specific agreement concluded in accordance with Article 218 TFEU.

3. The specific agreement referred to in paragraphs 1 and 2 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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4. Without prejudice to the conditions laid down in paragraphs 1, 2 and 3, and in the interests

of security, the Commission may, by means of implementing acts, establish additional

requirements for the participation of third countries and international organisations in the

Programme, to the extent compatible with the existing agreements referred to in

paragraphs 1 and 2.

Those implementing acts shall be adopted in accordance with the examination procedure

referred to in Article 47(3).

_Article 40_

_Access to the governmental services by third countries and international organisations_

Third countries and international organisations may have access to the governmental services

provided that they:

(a) conclude an agreement, in accordance with Article 218 TFEU, laying down the terms and

conditions for access to governmental services;

(b) comply with Article 43(1) of Regulation (EU) 2021/696.

For the purposes of this Regulation, the references to ‘the Programme’ in Article 43(1) of

Regulation (EU) 2021/696 shall be construed as references to ‘the Programme’ established by this

Regulation.

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## **Chapter VIII** **Programming, monitoring, evaluation and control**

_Article 41_

_Programming, monitoring and reporting_

1. The Programme shall be implemented by work programmes as referred to in Article 110 of

the Financial Regulation. The 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 work programmes shall complement the

work programmes for GOVSATCOM component, as referred to in Article 100 of

Regulation (EU) 2021/696.

The Commission shall adopt the work programmes by means of implementing acts. Those

implementing acts shall be adopted in accordance with the examination procedure referred

to in Article 47(3).

2. Indicators to report on progress of the Programme towards the achievement of the general

and specific objectives referred to in Article 3 are set out in the Annex.

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3. The Commission is empowered to adopt delegated acts, in accordance with Article 45, 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.

4. Where imperative grounds of urgency so require, the procedure provided for in Article 46

shall apply to delegated acts adopted pursuant to this Article.

5. 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.

6. For the purposes of paragraph 2, 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.

_Article 42_

_Evaluation_

1. The Commission shall carry out evaluations of the Programme in a timely manner to feed

into the decision-making process.

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2. By … [one year of the entry into force of this Regulation] and every year thereafter, the

Commission shall inform the European Parliament and the Council of the main findings

regarding the initial implementation of the Programme, including the completion of

definition activities, the consolidation of user needs and implementation plans, as well as

the views of relevant stakeholders at Union and national level.

3. By 30 June 2026, the Commission shall evaluate the implementation of the Programme in

light of the objectives referred to in Article 3. To that end, the Commission shall assess:

(a) the performance of the secure connectivity system and services provided under the

Programme, in particular low latency, reliability, autonomy and worldwide access;

(b) the governance and implementation models, and their efficiency;

(c) the evolution of needs of the users of the Programme;

(d) the synergy and complementarity of the Programme with other Union programmes,

in particular GOVSATCOM and the other components of the Union Space

Programme;

(e) the evolution of available capacities, innovations, and development of new

technologies in the space ecosystem;

(f) the participation of start-ups and SMEs throughout the Union;

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(g) the environmental impact of the Programme taking account of the criteria set out in

Article 8;

(h) any cost overruns, the timeliness in meeting the established project deadlines and the

effectiveness of the governance and management of the Programme;

(i) the effectiveness, efficiency, relevance, coherence, and Union added value of the

Programme’s activities.

If appropriate, the evaluation shall be accompanied by an appropriate proposal.

4. The evaluation of the Programme shall take into consideration the results of the evaluation

of the GOVSATCOM component pursuant to Article 102 of Regulation (EU) 2021/696.

5. 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.

6. 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.

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7. Two years after the full operational capability, and every two years thereafter, the Agency

shall issue a market report, after consulting relevant stakeholders, on the impact of the

Programme on the Union commercial satellite upstream and downstream industry with a

view to ensuring the minimum possible impact on competition and the maintenance of

incentives to innovate.

_Article 43_

_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 44_

_Personal data and privacy protection_

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 of the European

Parliament and of the Council **[2]** .

## **Chapter IX** **Delegated and implementing acts**

_Article 45_

_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.

**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 (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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2. The power to adopt delegated acts referred to in Articles 8(4) and 41(3) shall be conferred

on the Commission until 31 December 2028.

3. The delegation of power referred to in Articles 8(4) and 41(3) 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.

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 Article 8(4) or Article 41(3) 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.

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_Article 46_

_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 45(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.

_Article 47_

_Committee procedure_

1. The Commission shall be assisted by the Programme committee established by Article 107

of Regulation (EU) 2021/696, in the GOVSATCOM configuration. That committee shall

be a committee within the meaning of Regulation (EU) No 182/2011.

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For the purposes of the adoption of implementing acts referred to in Articles 5(3) and 30(3)

of this Regulation, the Programme committee referred to in the first subparagraph of this

paragraph shall meet in the security configuration referred to in Article 107(1), point (e), of

Regulation (EU) 2021/696.

For the purposes of the adoption of implementing acts referred to in Articles 9(2) and 10(4)

of this Regulation, the Programme committee in the security configuration referred to in

Article 107(1), point (e), of Regulation (EU) 2021/696 shall be duly involved.

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 30(3) of this Regulation, the Commission shall not adopt the draft

implementing act and Article 5(4), third subparagraph of Regulation (EU) No 182/2011

shall apply.

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## **Chapter X** **Transitional and final provisions**

_Article 48_

_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.

3. 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 3.

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_Article 49_

_Continuity of services after 2027_

If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses

necessary to fulfil the objectives referred to in Article 3, to enable the management of actions not

completed by the end of the Programme, and to cover the expenses of critical operational activities

and services provision.

_Article 50_

_Entry into force_

This Regulation shall enter into force on the third day following that of its publication in the

_Official Journal of the European Union_ .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg,

_For the European Parliament_ _For the Council_

_The President_ _The President_

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**ANNEX**

INDICATORS FOR THE EVALUATION OF THE PROGRAMME

The Programme will be monitored closely on the basis of a set of indicators intended to measure the

extent to which the specific objectives of the Programme have been achieved and with a view to

minimising administrative burdens and costs. To that end, data will be collected as regards the

following set of key indicators:

1. General objective referred to in Article 3(1), point (a):

Indicator 1.1: Member States governments and Union institutions, bodies, offices and

agencies can access a set of first governmental services in 2024

Indicator 1.2: Member States governments and Union institutions, bodies, offices and

agencies can access full operational capability that meets the user needs and demand

determined in the service portfolio in 2027

Indicator 1.3: Percentage of governmental service availability for each deployed

governmental service

Indicator 1.4: Speed, bandwidth and latency performance for each deployed governmental

service worldwide

Indicator 1.5: Percentage of geographical availability of all deployed governmental

services within Member States territories

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Indicator 1.6: Percentage of services deployed related to the service portfolio

Indicator 1.7: Percentage of available capacity for each deployed service

Indicator 1.8: Cost to completion

Indicator 1.9: Programme participants and number of third countries and international

organisations participating in the Programme in accordance with Article 39

Indicator 1.10: Evolution of satellites capacities purchased by Union institutions from non

Union actors

Indicator 1.11: Number of launches not carried out from Union territory, or from the

territory of members of EFTA which are members of the EEA

Indicator 1.12: Number of government-authorised users in the Union

2. General objective referred to in Article 3(1), point (b):

Indicator 2.1: Percentage of commercial service availability

Indicator 2.2: Speed, bandwidth, reliability and latency performance of the commercial

satellite broadband service worldwide

Indicator 2.3: Percentage of communication dead zones in Member States territories

Indicator 2.4: Amount invested by private sector

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3. Specific objective referred to in Article 3(2), point (a):

Indicator 3.1: GOVSATCOM Hubs can provide services stemming from the secure

connectivity system

Indicator 3.2: Full integration of existing capacity from the Union pool via the integration

of GOVSATCOM ground infrastructure

4. Specific objective referred to in Article 3(2), point (b):

Indicator 4.1: Annual number of major outages of the telecommunication networks in the

Member States due to crisis situations mitigated by the governmental services offered by

the secure connectivity system

Indicator 4.2: Government-authorised users’ satisfaction with the performance of the

secure connectivity system measured through annual survey

Indicator 4.3: Validation and accreditation of different technologies and communication

protocols

5. Specific objective referred to in Article 3(2), point (c):

Indicator 5.1: Number of in orbit and functional satellites needed for the functioning of the

EuroQCI

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6. Specific objective referred to in Article 3(2), point (d):

Indicator 6.1: Number of satellites per orbital slot in 2025, 2026 and 2027

7. Specific objective referred to in Article 3(2), point (e):

Indicator 7.1: Governmental infrastructure and related governmental services which

obtained security accreditation

Indicator 7.2: Annual number and severity of impact of cybersecurity incidents and

number of electromagnetic disturbances related to the secure connectivity system

(classified)

8. Specific objective referred to in Article 3(2), point (f):

Indicator 8.1: Number of satellite subsystems, including payloads, serving other

components of the Union Space Programme

9. Specific objective referred to in Article 3(2), point (g):

Indicator 9.1: Number of start-ups, of SMEs and of mid-caps involved in the Programme

and the related percentages of contract value

Indicator 9.2: Overall percentage of the value of the contracts subcontracted by the prime

tenderers to SMEs, other than those affiliated with the tenderer’s group, and share of their

cross-border participation

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Indicator 9.3: Number of Member States from which start-ups and SMEs are involved in

the Programme

10. Specific objective referred to in Article 3(2), point (h):

Indicator 10.1: Number of new satellite communication users in geographical areas of

strategic interest outside the Union

Indicator 10.2: Percentage of geographical availability of required services within areas of

strategic interest outside the Union

Indicator 10.3: Number of countries where the satellite broadband is available to

consumers

11. Specific objective referred to in Article 3(2), point (i):

Indicator 11.1: Greenhouse gas footprint of development, production and deployment of

the Programme

Indicator 11.2: Number of active satellites, decommissioned and recovered satellites

Indicator 11.3: Number of space debris generated by the constellation

Indicator 11.4: Number of close encounters

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Indicator 11.5: Ephemeris data of the satellites shared with EU SST consortium

Indicator 11.6: Appropriate measure of the effect of light reflection on astronomical

observations

________________

Two statements have been made with regard to this act and can be found in [ _OJ office to provide_ :

OJ C XXX, XX.XX.2023, p. XX] and at the following link[s]: [ _OJ office: please insert the link[s]_

_to the statements_ ].

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