Legal provisions of COM(2010)550 - Detailed rules for access to the public regulated service offered by the global navigation satellite system established under the Galileo programme

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dossier COM(2010)550 - Detailed rules for access to the public regulated service offered by the global navigation satellite system established ...
document COM(2010)550 EN
date October 25, 2011

Contents

Article 1 - Subject matter

This Decision lays down the rules under which the Member States, the Council, the Commission, the EEAS, Union agencies, third countries and international organisations may access the public regulated service (PRS) provided by the global navigation satellite system established under the Galileo programme.

Article 2 - Definitions

For the purposes of this Decision, the following definitions shall apply:

(a)‧PRS participants‧ means the Member States, the Council, the Commission and the EEAS, as well as Union agencies, third countries and international organisations, in so far as such agencies, third countries and organisations have been duly authorised;

(b)‧PRS users‧ means natural or legal persons duly authorised by a PRS participant to own or use a PRS receiver.

Article 3 - General principles concerning PRS access

1. The Member States, the Council, the Commission and the EEAS shall have the right to unlimited and uninterrupted access to the PRS worldwide.

2. It shall be for each individual Member State, the Council, the Commission and the EEAS to decide whether to use the PRS within their respective competences.

3. Each Member State which uses the PRS shall decide independently which categories of natural persons residing on its territory or performing official duties abroad on behalf of that Member State and legal persons established on its territory are authorised to be PRS users, as well as the uses to which the PRS may be put, in accordance with Article 8 and point 1(i) and (ii) of the Annex. Such uses may include security-related uses.

The Council, the Commission and the EEAS shall decide which categories of their agents are authorised to be PRS users, in accordance with Article 8 and point 1(i) and (ii) of the Annex.

4. Union agencies may become PRS participants only in so far as necessary to fulfil their tasks and in accordance with the detailed rules laid down in an administrative agreement concluded between the Commission and the agency concerned.

5. Third countries or international organisations may become PRS participants only where, in accordance with the procedure provided for in Article 218 of the Treaty on the Functioning of the European Union, they enter into both of the following agreements between the Union and the third country or international organisation concerned:

(a)a security of information agreement defining the framework for exchanging and protecting classified information and providing a degree of protection at least equivalent to that of the Member States;

(b)an agreement laying down the terms and conditions of the detailed rules for access to the PRS by the third country or international organisation; such an agreement could include the manufacturing, under specific conditions, of PRS receivers, to the exclusion of security modules.

Article 4 - Application of security regulations

1. Each Member State shall ensure that its national security regulations offer a degree of protection of classified information at least equivalent to that provided by the rules on security as set out in the Annex to Decision 2001/844/EC, ECSC, Euratom and by Decision 2011/292/EU and that those national security regulations apply to its PRS users and to all natural persons resident on its territory and all legal persons established on its territory which handle EU classified information relating to the PRS.

2. Member States shall inform the Commission without delay of the adoption of national security regulations as referred to in paragraph 1.

3. If it emerges that EU classified information relating to the PRS has been disclosed to any person not authorised to receive it, the Commission shall, in full consultation with the Member State concerned:

(a)inform the originator of the classified PRS data;

(b)assess the potential damage caused to the interests of the Union or of the Member States;

(c)notify the appropriate authorities of the results of that assessment accompanied by a recommendation to remedy the situation, in which case the appropriate authorities shall inform the Commission without delay of the action they intend to take or have already taken, including action aimed at preventing recurrence, as well as of the results of such action; and

(d)inform the European Parliament and the Council, as appropriate, of those results.

Article 5 - Competent PRS authority

1. A competent PRS authority shall be designated by:

(a)each Member State which uses the PRS and each Member State on whose territory any of the bodies referred to in Article 7(1) are established; in such cases, the competent PRS authority shall be established on the territory of the Member State concerned, which shall notify the designation to the Commission without delay;

(b)the Council, the Commission and the EEAS, if they use the PRS. In such a case, the European GNSS Agency established by Regulation (EU) No 912/2010 (the ‧European GNSS Agency‧) may be designated as a competent PRS authority in accordance with appropriate arrangements;

(c)Union agencies and international organisations, in accordance with the provisions of the agreements referred to in Article 3(4) and (5); in such cases, the European GNSS Agency may be designated as a competent PRS authority;

(d)third countries, in accordance with the provisions of the agreements referred to in Article 3(5).

2. The costs of the functioning of a competent PRS authority shall be borne by the PRS participants who have designated it.

3. A Member State which has not designated a competent PRS authority in accordance with point (a) of paragraph 1 shall in any event designate a point of contact for assisting as necessary in the reporting of detected potentially harmful electromagnetic interference affecting the PRS. The Member State concerned shall notify such a designation to the Commission without delay.

4. A competent PRS authority shall ensure that the use of the PRS is in compliance with Article 8 and point 1 of the Annex and that:

(a)PRS users are grouped for the management of the PRS with the GSMC;

(b)the PRS access rights for each group or user are determined and managed;

(c)the PRS keys and other related classified information are obtained from the GSMC;

(d)the PRS keys and other related classified information are distributed to the users;

(e)the security of the receivers and associated classified technology and information are managed and the risks assessed;

(f)a point of contact is established for assisting as necessary in the reporting of detected potentially harmful electromagnetic interference affecting the PRS.

5. The competent PRS authority of a Member State shall ensure that a body established on the territory of that Member State may only develop or manufacture PRS receivers or security modules if such a body:

(a)has been duly authorised by the Security Accreditation Board in accordance with Article 11(2) of Regulation (EU) No 912/2010; and

(b)complies both with the decisions of the Security Accreditation Board and with Article 8 and point 2 of the Annex regarding the development and manufacture of PRS receivers or security modules, in so far as these relate to its activity.

Any equipment-manufacture authorisation provided for in this paragraph shall be reviewed at least every five years.

6. In the case of development or manufacturing referred to in paragraph 5 of this Article, or in the case of export outside the Union, the competent PRS authority of the Member State concerned shall act as an interface to the entities competent for export restrictions of relevant equipment, technology and software regarding the use and development of, and manufacturing for, the PRS, in order to ensure that the provisions of Article 9 are applied.

7. A competent PRS authority shall be connected to the GSMC in accordance with Article 8 and point 4 of the Annex.

8. Paragraphs 4 and 7 shall be without prejudice to the possibility for Member States to delegate certain specific tasks of their respective competent PRS authority, by mutual consent, to another Member State, excluding any tasks related to the exercise of their sovereignty over their respective territories. The tasks referred to in paragraphs 4 and 7, as well as tasks under paragraph 5, may be carried out jointly by Member States. The Member States concerned shall notify such measures to the Commission without delay.

9. A competent PRS authority may request the technical assistance of the European GNSS Agency in order to perform its tasks, subject to specific arrangements. The Member States concerned shall notify such arrangements to the Commission without delay.

10. Every three years the competent PRS authorities shall report to the Commission and to the European GNSS Agency on compliance with the common minimum standards.

11. Every three years the Commission shall, with the assistance of the European GNSS Agency, report to the European Parliament and the Council on the compliance by the competent PRS authorities with the common minimum standards, as well as in any cases of serious violation of those standards.

12. Where a competent PRS authority does not comply with the common minimum standards set out in Article 8, the Commission may, taking due account of the subsidiarity principle and in consultation with the Member State concerned and, if necessary, after obtaining further specific information, issue a recommendation. Within three months of the recommendation being issued, the competent PRS authority concerned shall either comply with the recommendation of the Commission or request or propose changes with a view to ensuring compliance with the common minimum standards and implement them in agreement with the Commission.

If, once that three-month period has expired, the competent PRS authority concerned still does not ensure compliance with the common minimum standards, the Commission shall inform the European Parliament and the Council and propose appropriate measures to be taken.

Article 6 - Role of the GSMC

The GSMC shall provide the operational interface between the competent PRS authorities, the Council and the High Representative of the Union for Foreign Affairs and Security Policy acting under Joint Action 2004/552/CFSP and the control centres. It shall inform the Commission of any event that may affect the smooth running of the PRS.

Article 7 - Manufacture and security of receivers and security modules

1. A Member State may, subject to the requirements set out in Article 5(5), assign the task of manufacturing PRS receivers or the associated security modules to bodies established on its territory or on the territory of another Member State. The Council, the Commission or the EEAS may assign the task of manufacturing PRS receivers or the associated security modules for their own use to bodies established on the territory of a Member State.

2. The Security Accreditation Board may at any time revoke the authorisation it has granted to a body referred to in paragraph 1 of this Article to manufacture PRS receivers or the associated security modules if the measures provided for in point (b) of Article 5(5) have not been complied with.

Article 8 - Common minimum standards

1. The common minimum standards to be complied with by the competent PRS authorities referred to in Article 5 shall cover the areas set out in the Annex.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 11 concerning the adoption of the common minimum standards for the areas set out in the Annex and, if necessary, amendments updating the Annex to take account of developments in the Galileo programme, in particular with regard to technology and changes in security needs.

3. On the basis of the common minimum standards referred to in paragraph 2 of this Article, the Commission may adopt the necessary technical requirements, guidelines and other measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

4. The Commission shall ensure that the necessary steps are taken to comply with the measures referred to in paragraphs 2 and 3 and that requirements relating to the security of the PRS and its users and related technology are met, taking full account of expert advice.

5. In order to assist compliance with this Article, the Commission shall facilitate a meeting of all competent PRS authorities at least once a year.

6. The Commission shall, with the assistance of the Member States and the European GNSS Agency, ensure that the competent PRS authorities comply with the common minimum standards, in particular by carrying out audits or inspections.

Article 9 - Export restrictions

The export outside the Union of equipment, technology and software regarding the use and development of, and manufacturing for, the PRS shall not be authorised otherwise than in accordance with Article 8 and point 3 of the Annex and pursuant to the agreements referred to in Article 3(5) or under agreements regarding the detailed rules for hosting and operating reference stations.

Article 10 - Application of Joint Action 2004/552/CFSP

This Decision shall be applied without prejudice to measures decided on pursuant to Joint Action 2004/552/CFSP.

Article 11 - Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 8(2) shall be conferred on the Commission for a period of five years from 5 November 2011. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period.

3. The delegation of power referred to in Article 8(2) 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 acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 8(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 12 - Committee procedure

1. The Commission shall be assisted by the Committee established by Regulation (EC) No 683/2008. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 13 - Review and report

At the latest two years after the PRS has been declared operational, the Commission shall report to the European Parliament and the Council on the adequate functioning and appropriateness of the rules established for access to the PRS and, if necessary, propose amendments to this Decision accordingly.

Article 14 - Specific rules for the implementation of the Galileo programme

Notwithstanding the other provisions of this Decision, in order to ensure that the system established under the Galileo programme functions smoothly, access to PRS technology and the ownership or use of PRS receivers shall be authorised, subject to compliance with the principles laid down in Article 8 and the Annex, as regards the following:

(a)the Commission, when acting as manager of the Galileo programme;

(b)operators of the system established under the Galileo programme, strictly for the purposes of complying with their remit, as laid down in a specific arrangement with the Commission;

(c)the European GNSS Agency, in order to enable it to perform the tasks entrusted to it, as laid down in a specific arrangement with the Commission;

(d)the European Space Agency, strictly for the purposes of research, development and infrastructure roll–out, as laid down in a specific arrangement with the Commission.

Article 15 - Penalties

Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Decision are infringed. The penalties shall be effective, proportionate and dissuasive.

Article 16 - Entry into force and application

1. This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

2. Member States shall apply Article 5 at the latest on 6 November 2013.

Article 17 - Addressees

This Decision is addressed to the Member States.