CELEX: 22011A1231(01)
Language: ro
Date: 2004-06-26 00:00:00
Title: Agreement on the promotion, provision and use of Galileo and GPS satellite-based navigation systems and related applications

31.12.2011           RO                            Jurnalul Oficial al Uniunii Europene                                          L 348/3

                                                             AGREEMENT
             on the promotion, provision and use of Galileo and GPS satellite-based navigation systems and
                                                 related applications

             THE UNITED STATES OF AMERICA,

             of the one part,

             and

             THE KINGDOM OF BELGIUM,

             THE CZECH REPUBLIC,

             THE KINGDOM OF DENMARK,

             THE FEDERAL REPUBLIC OF GERMANY,

             THE REPUBLIC OF ESTONIA,

             THE HELLENIC REPUBLIC,

             THE KINGDOM OF SPAIN,

             THE FRENCH REPUBLIC,

             IRELAND,

             THE ITALIAN REPUBLIC,

             THE REPUBLIC OF CYPRUS,

             THE REPUBLIC OF LATVIA,

             THE REPUBLIC OF LITHUANIA,

             THE GRAND DUCHY OF LUXEMBOURG,

             THE REPUBLIC OF HUNGARY,

             THE REPUBLIC OF MALTA,

             THE KINGDOM OF THE NETHERLANDS,

             THE REPUBLIC OF AUSTRIA,

             THE REPUBLIC OF POLAND,

             THE PORTUGUESE REPUBLIC,

             THE REPUBLIC OF SLOVENIA,

             THE SLOVAK REPUBLIC,

             THE REPUBLIC OF FINLAND,

             THE KINGDOM OF SWEDEN,

             THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

             CONTRACTING PARTIES to the Treaty establishing THE EUROPEAN COMMUNITY, hereinafter referred to as the
             ‘Member States’, and THE EUROPEAN COMMUNITY,

             of the other part,

             RECOGNISING that the United States operates a satellite-based navigation system known as the Global Positioning
             System, a dual use system that provides precision timing, navigation, and position location signals for civil and
             military purposes,
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             RECOGNISING that the United States is currently providing the GPS Standard Positioning Service for peaceful civil,
             commercial, and scientific use on a continuous, worldwide basis, free of direct user fees, and noting that the United States
             intends to continue providing it, and similar future civil services under the same conditions,

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

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

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

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

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

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

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

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

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

             HAVE AGREED AS FOLLOWS:

                             Article 1                                                                          Article 2
                            Objectives                                                                        Definitions
1.    The objective of this Agreement is to provide a framework                For the purposes of this Agreement, the following definitions
for cooperation between the Parties in the promotion, provision                shall apply:
and use of civil GPS and GALILEO navigation and timing
signals and services, value-added services, augmentations, and
global navigation and timing goods. The Parties intend to
work together, both bilaterally and in multilateral fora, as
                                                                               (a) ‘Augmentation’ means civil mechanisms, which provide the
provided herein, to promote and facilitate the use of these
                                                                                   users of satellite-based navigation and timing signals with
signals, services, and equipment for peaceful civil, commercial,
                                                                                   input information, extra to that derived from the main
and scientific uses, consistent with and in furtherance of mutual
                                                                                   constellation(s) in use, and additional range/pseudo-range
security interests. This Agreement is intended to complement
                                                                                   inputs or corrections to, or enhancements of, existing
and facilitate agreements in force, or which may be negotiated
                                                                                   pseudo-range inputs. These mechanisms enable users to
in the future, between the Parties related to the design and
                                                                                   obtain enhanced performance, such as increased accuracy,
implementation of civil satellite-based navigation and timing
                                                                                   availability, integrity, and reliability.
signals and services, augmentations, or value-added services.

2.    Nothing in this Agreement shall supersede, modify or
derogate from standards, procedures, rules, regulations and                    (b) ‘Civil satellite-based navigation and timing service’ means
recommended practices adopted in ICAO, or IMO. The Parties                         the civil satellite-based navigation or timing service
confirm their intent to act in a manner consistent with these                      provided by GPS or GALILEO, including secured gover­
bodies’ regulatory framework and processes.                                        nmental service.

3.    Nothing in this Agreement shall affect the rights and
obligations of the Parties under the Marrakech Agreement Esta­                 (c) ‘Civil satellite-based navigation and timing service provider’
blishing the World Trade Organisation (hereinafter ‘the WTO                        means any government or other entity that provides civil
Agreements’).                                                                      satellite-based navigation or timing service.
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(d) ‘Civil satellite-based navigation and timing signals’ means               or better than the position, navigation or timing solutions
    the civil satellite-based navigation or timing signals                    that could be achieved by either system alone.
    provided by GPS or GALILEO, including secured gover­
    nmental service signals.
                                                                         (m) ‘Measure’ means any law, regulation, rule, procedure,
                                                                             decision, administrative action or similar binding action
(e) ‘Civil satellite-based navigation and timing signals provider’           by the Parties at the national or supranational level.
    means any government or other entity that supplies GPS
    and/or GALILEO signals or augmentations.
                                                                         (n) ‘Military satellite-based navigation and timing service’
                                                                             means a satellite-based navigation and timing service
                                                                             provided by a Party and specifically designed to meet the
(f)   ‘Classified information’ means official information that               needs of defense forces.
      requires protection in the interests of national defense or
      foreign relations of the Parties, and is classified in
      accordance with applicable laws and regulations.
                                                                         (o) ‘Radio frequency compatibility’ means the assurance that
                                                                             one system will not cause interference that unacceptably
                                                                             degrades the stand-alone service that the other system
(g) ‘GALILEO’ means an autonomous civil European global                      provides.
    satellite-based navigation and timing system under civil
    control, developed by the European Community, its
    Member States, the European Space Agency and other                   (p) ‘Secured governmental service’ means a secured, restricted
    entities. GALILEO includes an open service and one or                    access satellite-based navigation and timing service
    more other services, such as a safety of life, commercial,               provided by a Party and specifically designed to meet the
    and a secured governmental service, such as the Public                   needs of authorised governmental users.
    Regulated Service (‘PRS’), and any augmentations provided
    by the European Community, its Member States or other
    entities.
                                                                         (q) ‘Value-added service’ means a downstream service or appli­
                                                                             cation, excluding augmentations, that uses civil satellite-
                                                                             based navigation and timing signals or services in a
(h) ‘Global navigation and timing equipment’ means any civil                 manner intended to provide additional utility or benefit
    end user equipment designed to transmit, receive, or                     to the user.
    process satellite-based navigation and timing signals, to
    provide value-added services, or to operate with an
    augmentation.
                                                                                                      Article 3
                                                                                                       Scope
(i)   ‘GNSS’ means Global Navigation Satellite System.                   Except as otherwise provided herein, this Agreement pertains to
                                                                         all measures established by the Parties concerning civil satellite-
                                                                         based navigation and timing signals and signal providers, civil
                                                                         satellite-based navigation and timing services and service
(j)   ‘GPS’ means the Global Positioning System Standard Posi­           providers, augmentations, value-added services and value-
      tioning Service, an open service, (or future civil services)       added service providers, and global navigation and timing
      provided by the United States Government for civil use.            goods.
      GPS is currently provided by the United States in its
      exercise of governmental authority as it is neither
      supplied on a commercial basis nor offered in competition
                                                                         The provision of military satellite-based navigation and timing
      with one or more service suppliers. GPS includes any
                                                                         services is outside the scope of this Agreement, except as
      augmentation or improvements to that service provided
                                                                         provided in Article 4 as far as radiofrequency compatibility is
      directly by the United States Government.
                                                                         concerned, Article 11 and in the Annex to this Agreement.

(k) ‘Intellectual property’ shall have the meaning found in              Secured governmental services are outside the scope of Articles
    Article 2 of the Convention Establishing the World Intel­            5 and 6, Article 8 paragraph 2, and Article 10, paragraph 3.
    lectual Property Organisation, done at Stockholm, 14 July
    1967.
                                                                                                      Article 4
                                                                             Interoperability and Radio Frequency Compatibility
(l)   ‘Interoperability at the user level’ is a situation whereby a
      combined system receiver with a mix of multiple GPS or             1.     This Article is applicable to GPS and GALILEO as defined
      GALILEO satellites in view can achieve position, navigation        and, as far as radiofrequency compatibility is concerned, to all
      and timing solutions at the user level that are equivalent to      satellite-based navigation and timing services.
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2.    The Parties agree that GPS and GALILEO shall be radio              (1) establishing, directly or indirectly (such as through a
frequency compatible. This paragraph shall not apply locally to              regional organisation), design or performance standards,
areas of military operations. The Parties shall not unduly disrupt           certification requirements, licensing requirements, technical
or degrade signals available for civil use.                                  regulations or similar requirements applicable to civil
                                                                             satellite-based navigation and timing signals or services,
                                                                             augmentations, value-added services, global navigation and
                                                                             timing equipment, civil satellite-based navigation and timing
3.    The Parties also agree that GPS and GALILEO shall be, to               signals or service providers, or value-added service
the greatest extent possible, interoperable at the non-military              providers; or
user level. In order to achieve this interoperability and facilitate
the joint use of the two systems, the Parties agree to realise their
geodetic coordinate reference frames as closely as possible to
the International Terrestrial Reference System. The Parties also         (2) that have the effect, directly or indirectly, of mandating the
agree to transmit the time offsets between GALILEO and GPS                   use of any civil satellite-based navigation and timing signals
system times in the navigation messages of their respective                  or services, value-added service, augmentation, or global
services, as outlined in the document entitled ‘GPS/GALILEO                  navigation and timing equipment within its respective
Time Offset Preliminary Interface Definition’ referred to in the             territory (unless the mandating of such use is expressly
Annex.                                                                       authorised by ICAO, or IMO).

4.    The Parties agree that the radio frequency compatibility                                        Article 6
and interoperability working group established pursuant to
                                                                                           Non-Discrimination and Trade
Article 13 shall continue work already underway with a view
toward achieving, inter alia:                                            1.    The Parties affirm their non-discriminatory approach with
                                                                         respect to trade in goods and services related to civil satellite-
                                                                         based navigation and timing signals, augmentations, and value-
                                                                         added services.
(a) radio frequency compatibility in the modernisation or
    evolution of either system; (The Parties need to assess
    further the radiofrequency compatibility of GALILEO and
    GPS III).                                                            2.    The Parties affirm that measures with respect to goods and
                                                                         services related to civil satellite-based navigation and timing
                                                                         signals or services, augmentations, and value-added services
                                                                         should not be used as a disguised restriction on or an unne­
(b) enhanced signal availability and reliability through comple­         cessary obstacle to international trade.
    mentary system architectures for the benefit of users
    worldwide.

                                                                         3.    The trade and civil applications working group established
                                                                         pursuant to Article 13 shall consider, inter alia, non-discrimi­
(c) interoperability at the non-military user level.                     nation and other trade related issues concerning civil satellite-
                                                                         based navigation and timing signals or services, augmentations,
                                                                         value-added services, and global navigation and timing goods,
                                                                         including the potential for additional commitments in relevant
5.    To further ensure radio frequency compatibility and non-           bilateral or multilateral fora.
military service interoperability, the Parties shall ensure that
their augmentations meet the requirements of ICAO, IMO and
the ITU to which such Parties are bound and such other requi­
rements as the Parties may find mutually acceptable.                                                  Article 7
                                                                         Open Access to Civil Satellite-based Navigation or Timing
                                                                                                  Signals
6.    Nothing in this Agreement shall supersede, modify or               1.    Except for reasons of national security, the Parties shall
derogate from standards, procedures, rules, regulations and              not restrict either use of or access to the positioning, navigation
recommended practices adopted in the ITU. The Parties                    and timing information of their respective open services by end
confirm their intent to act in a manner consistent with this             users, including for augmentation. This provision does not
body’s regulatory framework and processes.                               preclude the ability to make access to such information by
                                                                         other entities, such as manufacturers of satellite based navi­
                                                                         gation and timing equipment, subject to non-discriminatory
                                                                         commercial arrangements.
                             Article 5
Standards,     Certification, Regulatory         Measures,     and
                           Mandates
                                                                         2.    The Parties shall endeavour to provide signals intended for
The Parties agree to consult with each other before the esta­            safety of life services with the required level of safety as
blishment of any measures:                                               recognised by competent international bodies.
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                            Article 8                                   signals, to ensure radio frequency compatibility in spectrum use
                                                                        between each other’s signals, to make all practicable efforts to
                Open Access to Information                              protect each other’s signals from interference by the radio
1.     Subject to applicable export controls, the Parties agree to      frequency emissions of other systems, and to promote
make publicly available on a non-discriminatory basis, sufficient       harmonised use of spectrum on a global basis, notably at the
information concerning their respective unencrypted civil               ITU. The Parties shall cooperate with respect to identifying
satellite-based navigation and timing signals and augmentations,        sources of interference and taking appropriate follow-on
to ensure equal opportunity for persons who seek to use these           actions.
signals, manufacture equipment to use these signals, or provide
value-added services which use these signals. Such information
shall include, but not be limited to, signal specifications,
including elements such as minimum usage conditions, radio              2.     The Parties intend to prevent hostile use of satellite-based
frequency characteristics, and navigation message structure.            navigation and timing services while simultaneously preserving
                                                                        services outside areas of hostilities. To this end, their respective
                                                                        satellite based navigation and timing signals shall comply with
                                                                        the National Security Compatibility criteria set forth in the
2.    To the extent that a Party provides civil satellite-based         documents entitled ‘National Security Compatibility Compliance
navigation and timing signals or services, augmentation, or             for GPS and GALILEO Signals in the 1 559-1 610 MHz Band,
value-added service for civil users that is encrypted or                Part 1, Part 2 and Part 3’ (hereinafter ‘Criteria, Assumption and
otherwise has features that allow the global navigation service         Methodology Documents’), referenced in the attached Annex,
provider to deny access, the Party shall, subject to applicable         using the methodology and assumptions contained in the
export controls, afford to the other Party’s manufacturers of           Criteria, Assumption and Methodology Documents.
global navigation and timing equipment or augmentation or
value-added services providers, on a non-discriminatory basis,
access to the information necessary to incorporate such
encryption or other similar features into their equipment,              3.   The Parties agree that the signal structures specified in the
through licensing of necessary information or other means at            Annex to this Agreement comply with the National Security
market prices.                                                          Compatibility criteria set forth in the Criteria, Assumption and
                                                                        Methodology Documents.

                            Article 9
                     Intellectual Property                              4.    In order to maintain and continuously improve the quality
                                                                        and security of services, the systems will need to respond effec­
Nothing in this Agreement is intended to affect intellectual            tively to unforeseen changes in technology, user needs and the
property rights related to global satellite-based navigation and        spectrum environment. The Parties intend to pursue moderni­
timing signals, services or goods.                                      sation and development of their respective systems while main­
                                                                        taining the security and market benefits of compatible and
                                                                        interoperable common civil signals.
                            Article 10
Cost Recovery for Civil Satellite-Based Navigation and
                  Timing Signals                                        5.    The Parties shall inform and consult one another on the
1.    The Parties shall each endeavour to provide open service          implementation of the baseline signal structures specified in the
navigation and timing signals without direct fees for end use or        Annex. A Party shall notify the other Party in writing through
for augmentation.                                                       diplomatic channels if it desires in the future to change or add
                                                                        to the baseline signal structures specified and agreed to in the
                                                                        Annex.

2.    To the extent that a Party pursues a system that would be
used for charging fees for international aviation or maritime
safety of life users, it intends to do so in a manner consistent        6.     Unless a Party voices concerns on the basis of National
with ICAO and IMO.                                                      Security Compatibility, as taken into account in the Criteria,
                                                                        Assumption and Methodology Documents, or on the basis of
                                                                        radio-frequency compatibility, within a time period of three
3.    The Parties shall consult each other where appropriate on         months after its receipt of the notification mentioned in
cost recovery policies. The Parties shall encourage practicable         paragraph 5, that Party will not oppose the adoption and imple­
steps to ensure transparency and accountability for fees                mentation of the alternative signal structure specified in the
incurred in providing their services.                                   notification. If a Party voices National Security or radio-
                                                                        frequency compatibility concerns within that time period, the
                                                                        Parties shall without delay enter into consultations to verify that
                                                                        the alternative signal structures comply with the National
                            Article 11                                  Security Compatibility criteria set forth in the Criteria,
    National Security Compatibility and Spectrum Use                    Assumption and Methodology Documents and with radio-
                                                                        frequency compatibility, using the respective Assumptions and
1.    The Parties shall work together to promote adequate               Methodology documents referred to in the Annex for compati­
frequency allocations for satellite-based navigation and timing         bility analysis.
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7.    The Parties agree to use the common baseline modulation         (d) A working group on security issues relating to GPS and
for the GALILEO Open Service and the future GPS III civil                 GALILEO, including information exchange on possible
signal (Standard Positioning Service) as described in the                 applications for secured governmental services, and
Annex. The Parties shall work together without delay toward               including interactions between their respective signals. The
achieving optimisation of that modulation for their respective            group shall also work towards defining the details of the
systems. If a Party changes or adds to its modulation for the             notification and consultation procedure referred to in
GALILEO Open Service or the future GPS III civil signal,                  Article 11, as well as possible interfaces.
pursuant to the process set forth in paragraphs 5 and 6, the
other Party shall not be obliged to change or add to its modu­
lation.
                                                                      3.   The Parties may establish terms of reference for working
                                                                      groups established pursuant to paragraph 1, as appropriate.

8.    The Parties agree to study the means to protect the
secured governmental service in the context of national
security compatibility, under the working group on security           4.    All exchanges of information, equipment, technology or
issues established in Article 13, paragraph (2)(d).                   other data (including that which is classified), as well as the
                                                                      delivery of services, pursuant to this Agreement shall be
                                                                      subject to all applicable laws and regulations, including export
                                                                      control laws and regulations. All such information, equipment,
                           Article 12                                 technology or other data transferred shall be used only for the
                                                                      purposes of this Agreement and shall not be transferred to, or
      GPS and GALILEO Search & Rescue Services                        used by, any third country, firm, person, organisation or
A global search and rescue service is planned for both GALILEO        government without the prior written approval of the origi­
and future generations of GPS satellites. The Parties agree that      nating party.
these services shall be radio frequency compatible and to the
greatest extent possible, interoperable at the user level. The
Parties will cooperate as appropriate on matters related to
global search and rescue services for GALILEO and future gene­        5.    Subject to applicable laws, regulations, and official gover­
rations of GPS satellites at the COSPAS-SARSAT Council or at          nmental policies, the Parties agree to handle as expeditiously as
any other mutually agreeable forum.                                   possible license applications for the export of goods, infor­
                                                                      mation, technology or other data appropriate for the deve­
                                                                      lopment and implementation of GALILEO or GPS.

                           Article 13
                          Modalities                                  6.   Classified information relating to the implementation of
1.    The Parties shall establish working groups for mutually         this Agreement may be exchanged at working groups or
agreed upon topics. Each working group will include partici­          otherwise only in accordance with the conditions set forth in
pation, as appropriate, from the competent authorities of the         paragraph 2 of the Annex to this Agreement.
Parties. Third party participation in working groups shall be
only by mutual consent of the Parties.

                                                                      7.    The Parties shall meet as needed, and in principle once a
                                                                      year, to assess the need for working groups, define or modify
2.   The following working groups shall be established                working group terms of reference, and review working group
pursuant to paragraph 1.                                              progress.

(a) A working group on radio frequency compatibility and                                          Article 14
    interoperability for civil satellite-based navigation and                              Follow-up Activities
    timing services.
                                                                      The Parties intend to commence discussions of a follow-on
                                                                      agreement regarding potential cooperation between their
                                                                      respective independently funded and operated civil satellite-
                                                                      based navigation and timing systems for the period following
(b) A working group on trade and civil applications.                  achievement by GALILEO of initial operational capability. In
                                                                      those discussions the Parties intend to explore various coordi­
                                                                      nation options, such as creating a high-level interface council
                                                                      that would meet once or twice a year to discuss policy issues
(c) A working group to promote cooperation on the design              and future system planning, a small GPS-GALILEO secretariat to
    and development of the next generation of civil satellite-        share interface data and provide day-to-day coordination, and
    based navigation and timing systems.                              liaison officers as mutually agreed.
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                            Article 15                                                                Article 20
                Activities in International Fora                                        Entry into Force and Termination
To promote and implement the objectives of this Agreement,                1.    This Agreement shall enter into force on the date on
the Parties shall, as appropriate, cooperate on matters of mutual         which the European Community and its Member States and
interest related to civil satellite-based navigation and timing           the United States inform the Depository through diplomatic
signals and systems, value-added services, and global navigation          notes that their respective internal procedures necessary for its
and timing goods in ICAO, ITU, IMO, WTO and other relevant                entry into force have been completed.
organisations and fora.

                            Article 16
                                                                          2.    This Agreement shall be subject to accession by States that
                             Funding
                                                                          become Members of the European Union after the date it is
Each Party shall bear the costs of fulfilling its respective respon­      signed by the Parties.
sibilities under this Agreement. Obligations of each Party
pursuant to this Agreement are subject to the availability of
appropriated funds.
                                                                          3.    Notwithstanding paragraph 1, the Parties agree to provi­
                            Article 17                                    sionally apply this Agreement from the first day of the month
                                                                          following the date on which the Parties have notified each other
             Consultation and Dispute Resolution                          of the completion of the procedures necessary for this purpose.
1.    Any dispute arising under or related to the terms, inter­
pretation or application of this Agreement shall be resolved by
consultation.
                                                                          4.    The European Community shall serve as the Depository
2.    Representatives of the Council of the European Union and            for this Agreement.
the European Commission, of the one part, and of the United
States, of the other part, shall meet as needed for the consul­
tations foreseen in paragraph 1 and in Article 5, Article 10
paragraph 3, and Article 11 paragraphs 5 and 6.                           5.    This Agreement shall remain in force for ten years. At
                                                                          least three months before the end of the initial 10-year
3.   Nothing in this Agreement shall affect the Parties’ right to         period, the Parties shall inform each other of their intention
recourse to dispute settlement under WTO Agreements.                      whether to extend the Agreement for a period of five years.
                                                                          Thereafter, it shall be extended automatically for additional five-
                            Article 18                                    year periods, unless the European Community and its Member
                                                                          States, on the one hand, or the United States, on the other,
                   Definition of the Parties                              gives notice to the Depository in writing at least three months
For the purpose of this Agreement, ‘the Parties’ shall mean the           prior to the end of any subsequent five-year period, of its
European Community or its Member States or the European                   intention not to extend the Agreement.
Community and its Member States, within their respective
areas of competence, on the one hand, and the United States,
on the other.
                                                                          6.    This Agreement may only be amended by agreement of
                            Article 19                                    the Parties. Any amendment to this Agreement shall be subject
                                                                          to approval by the Parties in accordance with their respective
                  Responsibility and Liability                            internal procedures.
1.   The Parties shall have responsibility for failure to comply
with obligations under this Agreement.

2.    If it is unclear whether an obligation under this                   7.    The Parties shall review the implementation of this
Agreement is within the competence of either the European                 Agreement in 2008 and, may consider at that time to amend
Community or its Member States, at the request of the                     it in accordance with the procedure in paragraph 6.
United States, the European Community and its Member
States shall provide the necessary information. Failure to
provide this information with all due expediency or the
provision of contradictory information shall result in joint              8.    This Agreement may be terminated at any time upon one
and several liability.                                                    year’s written notice.

              Done at Dromoland Castle, Co. Clare, on the twenty-sixth day of June 2004, in duplicate in the Danish,
              Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Czech, Estonian,
              Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovakian and Slovenian languages. English shall be the
              authentic language.
 ---pagebreak--- L 348/10          RO                         Jurnalul Oficial al Uniunii Europene                                  31.12.2011

           Pour le Royaume de Belgique
           Voor het Koninkrijk België
           Für das Königreich Belgien

           Cette signature engage également la Communauté française, la Communauté flamande, la Communauté
           germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
           Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige
           Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
           Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die
           Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-
           Hauptstadt.

           Za Českou republiku

           På Kongeriget Danmarks vegne

           Für die Bundesrepublik Deutschland

           Eesti Vabariigi nimel

           Гια την Eλληvιкή Δημoкρατία
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             Por el Reino de España

             Pour la République française

             Thar cheann Na hÉireann
             For Ireland

             Per la Repubblica italiana

             Гια την Kυπριαкή Δημoкρατία,

             Latvijas Republikas vārdā
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           Lietuvos Respublikos vardu

           Pour le Grand-Duché de Luxembourg

           A Magyar Köztársaság részéről

           Għar-Repubblika ta’ Malta

           Voor het Koninkrijk der Nederlanden

           Für die Republik Österreich
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             W imieniu Rzeczypospolitej Polskiej

             Pela República Portuguesa

             Za Republiko Slovenijo

             Za Slovenskú republiku

             Suomen tasavallan puolesta

             För Konungariket Sverige

             For the United Kingdom of Great Britain and Northern Ireland
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           Por la Comunidad Europea
           Za Evropské společenství
           For Det Europæiske Fællesskab
           Für die Europäische Gemeinschaft
           Euroopa Ühenduse nimel
           Για την Ευρωπαϊκή Κοινότητα
           For the European Community
           Pour la Communauté européenne
           Per la Comunità europea
           Eiropas Kopienas vārdā
           Europos bendrijos vardu
           Az Európai Közösség részéről
           Għall-Komunità Ewropea
           Voor de Europese Gemeenschap
           W imieniu Wspólnoty Europejskiej
           Pela Comunidade Europeia
           Za Európske spoločenstvo
           Za Evropsko skupnost
           Euroopan yhteisön puolesta
           På Europeiska gemenskapens vägnar

           For the United States of America
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                                                                      ANNEX

                                                 GPS AND GALILEO SIGNAL STRUCTURES

             (1) For reasons of National Security Compatibility, avoidance of unacceptable radio-frequency interference, and suitability
                 of GNSS performance, the Parties agree to the baseline signal structures described below:

                — The GALILEO secured governmental service in the 1 559-1 610 MHz band using a Binary Offset Carrier (BOC)
                  cosine phased modulation with a 15,345 MHz sub-carrier frequency and a code rate of 2,5575 mega-chips per
                  second (Mcps) centred at 1 575,42 MHz (cosine phased BOC (15, 2,5)), and a signal power as specified in the
                  document, referred to below, entitled „Reference Assumptions for GPS/GALILEO Compatibility Analyses.”

                — The GALILEO signal structures used for any or all other services, including the Open Service (OS), Safety-of-Life
                  service (SoL), and Commercial Service (CS), in the 1 559-1 610 MHz band using a Binary Offset Carrier (BOC)
                  modulation with a 1,023 MHz sub-carrier frequency and a code rate of 1,023 mega-chips per second (Mcps)
                  (BOC (1,1)) centred at 1 575,42 MHz, and a signal power as specified in the document, referred to below, entitled
                  „Reference Assumptions for GPS/GALILEO Compatibility Analyses.”

                — The GPS signal structure in the 1 559-1 610 MHz band, centred at 1 575,42 MHz, will be a Binary Phase Shift
                  Key (BPSK) modulation with a code rate of 1,023 Mcps; a BPSK modulation with a code rate of 10,23 Mcps; and
                  a BOC modulation with a 10,23 MHz sub-carrier frequency and a code rate of 5,115 Mcps, and a signal power as
                  specified in the document, referred to below, entitled „Reference Assumptions for GPS/GALILEO Compatibility
                  Analyses.” In the future, a BOC (1, 1) modulation centred at 1 575,42 MHz will be added to this signal structure.

             (2) The classified assumptions and methodology used to determine the National Security Compatibility criteria, and the
                 criteria themselves, are contained in the following documents: National Security Compatibility Compliance for GPS
                 and GALILEO Signals in the 1 559-1 610 MHz Band, Part 1, Part 2 and Part 3, (hereinafter, „Part 1,” „Part 2,” and
                 „Part 3,” respectively) dated 9 June 2004, including any future amendments, changes or modifications to these
                 documents as mutually agreed in accordance with paragraph 6.a. of this Annex. Access to Part 1, Part 2 and Part
                 3 shall be only by the United States and those Member States that are a party to a General Security of Military
                 Information Agreement (hereinafter „GSOMIA”) or a General Security of Information Agreement (hereinafter
                 „GSOIA”) with the United States, which shall apply to the access, maintenance, use and release of these classified
                 documents. Should an applicable agreement regarding security of information between the European Community and
                 the United States be concluded in the future, it shall govern the access, maintenance, use and release of Part 1, Part 2
                 and Part 3. For the time being, representatives of the European Commission and staff members of the GALILEO Joint
                 Undertaking and European Space Agency shall be granted oral and visual access to Part 2 for the purposes of
                 implementation of and compliance with this Agreement, on the basis of an established security clearance with a
                 Member State that has a GSOMIA or GSOIA with the United States, in accordance with the national security
                 procedures and laws of the Member State, and with the GSOMIA or GSOIA with the United States. Representatives
                 of the European Commission and staff members of the GALILEO Joint Undertaking and European Space Agency shall
                 be granted access to Part 1 and Part 3 in accordance with applicable security rules. The classified information shall at
                 all times be protected and handled only in facilities with an appropriate facility security clearance in accordance with
                 the applicable security procedures, laws and the GSOMIA or GSOIA.

             (3) Assumptions for radio frequency signal compatibility analyses are contained in the following document: „Reference
                 Assumptions for GPS/GALILEO Compatibility Analyses”, 9 June 2004 including any future amendments, changes or
                 modifications to this document as mutually agreed by the Parties.

             (4) Methodology for radio frequency compatibility analysis is contained in the following document: „Models and Metho­
                 dology for GPS/GALILEO Radio Frequency Compatibility Analyses”, dated 18 June 2004, including any future
                 amendments, changes or modifications to this document as mutually agreed by the Parties.

             (5) The provision of the time offsets between GALILEO and GPS system time in the navigation messages of their
                 respective services is outlined in the following document: „GPS/GALILEO Time Offset Preliminary Interface Definition”
                 dated 20 March 2003, including any future amendments, changes or modifications to this document as mutually
                 agreed by the Parties.

             (6) (a) Notwithstanding Article 20, paragraph 6, any future amendments, changes or modifications to the documents
                     entitled „National Security Compatibility Compliance for GPS and GALILEO Signals in the 1 559-1 610 MHz
                     Band, Part 1, Part 2 and Part 3” shall be decided by mutual agreement by a sub-group of the working group
                     established under Article 13, paragraph 2 (d), composed of representatives of the United States on the one hand,
                     and representatives of the European Commission, acting on behalf of the European Community, who have access
                     to these classified documents in accordance with paragraph 2 of this Annex, and representatives of those Member
                     States who have access to these classified documents in accordance with paragraph 2 of this Annex, on the other
                     hand. These decisions shall be binding on the Parties.
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           (b) Notwithstanding Article 20, paragraph 6, any future amendments, changes or modification to the following
               documents shall be adopted by mutual agreement between appropriate representatives of the Parties in the
               working group established under Article 13, paragraph 2(a), including the United States: „Reference Assumptions
               for GPS/GALILEO Compatibility Analyses”; „Models and Methodology for GPS/GALILEO Radio Frequency Compa­
               tibility Analyses”; „GPS/GALILEO Time Offset Preliminary Interface Definition.” These decisions shall be binding
               on the Parties.