Legal provisions of COM(2006)220 - Signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the EC and Morocco - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2006)220 - Signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the EC and Morocco. |
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| document | COM(2006)220  |
| date | May 19, 2006 |
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52006PC0220
Proposal for a Council Decision on the signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco /* COM/2006/0220 final - ACC 2006/0074 */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 19.5.2006
COM(2006) 220 final
2006/0074 (ACC)
Proposal for a
COUNCIL DECISION
on the signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco
(presented by the Commission)
A) EXPLANATORY MEMORANDUM
CONTEXT OF THE PROPOSAL |
Grounds for and objectives of the proposal The international nature of the GALILEO programme has prompted several countries to apply for a Cooperation Agreement with the European Union. Morocco officially expressed its interest in August 2004. The European Commission, on the basis of a negotiating mandate from the Council in April 2005, initialled an Agreement with the Moroccan authorities on 8 November 2005. The European Commission proposes that the Council should authorise the signature of the Cooperation Agreement between the European Community and its Member States and the Kingdom of Morocco. |
General context Morocco has know-how in space technology and applications through various entities. It wants to bring together the work of these entities by setting up a common interest grouping, and to develop the use of satellite radionavigation on its territory and in the surrounding region (western Mediterranean and West Africa), focusing on applications specific to this zone. Contacts concerning the participation of Morocco in the GALILEO programme were established on 24 March 2004 at a meeting between the Moroccan Minister for Infrastructure and Transport and the Commission’s Director-General for Energy and Transport. On 9 August 2004, the Moroccan Minister for Infrastructure and Transport sent the Commission’s Director-General for Energy and Transport a letter expressing Morocco’s wish to become a fully-fledged partner in the project by acceding to the GALILEO Joint Undertaking. On 6 October 2004 a meeting was held with a delegation headed by the Moroccan Minister for Infrastructure and Transport consisting of representatives of the Moroccan ministries concerned, with a view to determining the arrangements for cooperation between Morocco and the European Community in the framework of an agreement to be concluded between the two parties. On 13 October, the Minister wrote a second letter to the Director-General confirming Morocco’s desire to conclude a cooperation agreement with the European Community concerning the civil satellite radionavigation system. The scenario for cooperation with Morocco prepared during the preliminary talks covers multilateral, industrial and scientific cooperation, especially in the area of applications, and in particular standardisation, surveillance of regional integrity and financial investment in GALILEO. Moroccan and European firms have had industrial cooperation links in the space sector for several years. There is therefore a solid foundation on which to build and extend cooperation in this field which is of great importance for both parties. The agreement should be used to protect and support the parties’ mutual interests and seek to develop cooperation between Moroccan and European firms. |
Existing provisions in the area of the proposal On 18 February 2004, the Commission adopted a Communication entitled “Progress report on the GALILEO research programme as at the beginning of 2004”, Chapter 2 of which, entitled “International cooperation takes off”, sets out a strategy for developing the international dimension of GALILEO. In its conclusions adopted on 9 March 2004 on the basis of this Communication, the Council 'encourages the development of international cooperation in this area.' On 21 April 2005 the Council adopted negotiating directives authorising the Commission to open negotiations for establishing a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco. |
Consistency with other policies and objectives of the Union The establishment of a navigation and positioning network in Europe is a central part of the Community's policy to ensure the full integration of land, sea and air transport infrastructure for safe, seamless, economic and environmentally friendly navigation. The following legislative texts concern the development of this network: - Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the GALILEO Joint Undertaking; - Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radionavigation programmes; - Council Regulation (EC) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology, as last amended by Regulation (EC) No 2432/2001 of 20 November 2001 and by Council Regulation (EC) No 880/2002 of 27 May 2002; - The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, which entered into force on 1 March 2000. Special attention should also be paid to Morocco’s commitments concerning the protection of intellectual property and the multilateral non-proliferation efforts. Cooperation in this connection must also comply with the legislation on export controls, e.g. Council Regulation (EC) No 1334/2000, as amended by Regulations (EC) 2432/2001 and (EC) 880/2002. |
CONSULTATION OF STAKEHOLDERS AND IMPACT ASSESSMENT |
Consultation of the stakeholders |
Consultation methods, main sectors targeted and general profile of respondents The Council’s GALILEO Special Committee has been consulted in accordance with the negotiating directives. The GALILEO Security Board has also been kept informed throughout the whole negotiation process. In addition, within the Commission the various DGs concerned have been kept informed of developments. |
Summary of responses and how they have been taken into account All the comments made by the Member States and by the Commission departments have been duly taken into account. |
Collection and use of expertise |
Scientific areas/areas of expertise concerned The area of expertise essentially concerns satellite navigation and its applications. |
Methodology used Experts have been regularly consulted and took part in the negotiations in order to ascertain the capabilities of the country and its interest in joining the programme. |
Main organisations/experts consulted Both the GALILEO Joint Undertaking, which manages the overall development phase of the GALILEO programme, and the European Space Agency, which implements the in-orbit validation phase, have been deeply involved and participated at all stages of the negotiation procedure. |
Summary of advice received and used The existence of potentially serious risks with irreversible consequences was not mentioned. |
All parties expressed the need for close cooperation with the Kingdom of Morocco, a country which is a beacon of achievement in the Mediterranean region. The EGNOS system, acting as a precursor of the GALILEO system in the EUROMED programme, should be extended accordingly in the context of the neighbourhood policy. |
Means used to make the expert advice publicly available The conclusions of experts are integrated into the Agreement. |
Impact assessment Given that Morocco is a very dynamic country in terms of the development of the applications of satellite navigation services, the marketing of GALILEO services in Morocco and the regions of the western Mediterranean and West Africa will have a major economic impact. It is estimated that by 2020 satellite navigation services will create a world market worth some 300 billion euros, with at least three billion receivers in service. GALILEO will be responsible for the creation of 150 000 highly skilled jobs in Europe. The European GNSS Supervisory Authority, created by Council Regulation (EC) 1321/2004 of 12 July 2004, will ensure appropriate system certification and become the awarding authority for the GALILEO concession. The Authority will also follow up the activities covered under this Agreement. |
LEGAL ELEMENTS OF THE PROPOSAL |
Summary of the proposed measures The Commission proposes that the Council should authorise the signature of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco. |
Legal basis Articles 133 and 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) of the Treaty establishing the European Community. |
The principle of subsidiarity The principle of subsidiarity applies insofar as the proposal does not concern an area in which the Community has exclusive competence. |
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reasons. |
GALILEO, whose costs are estimated at over € 3 billion, is a European initiative which no single State is willing to finance on its own. |
The objectives of the proposal can be better achieved by Community action for the following reasons. |
Industrial knowledge in the space sector is spread over several European countries. |
The global satellite navigation infrastructure covers all European territories. |
The aspects covered by this Agreement relate to issues which, by their very nature, require action at Community level, e.g. standardisation and certification. |
The proposal therefore complies with the subsidiarity principle. |
The principle of proportionality The proposal complies with the principle of proportionality for the following reasons. |
The agreement is as simple as possible as it ensures that non-European countries will support the programme in all key aspects (standards, certification, frequency allocation, etc.). It also makes it possible to carry out specific joint research projects in the field of satellite navigation. |
The Agreement is not based on an exchange of funds. |
Choice of instruments |
Proposed instruments: other. |
Other instruments would not be adequate for the following reasons. An international agreement is the sole instrument which ensures the cooperation of the Kingdom of Morocco in promoting GALILEO. If no agreement is concluded, Morocco would base all its positioning and navigation services on other systems (mainly GPS), and this could compromise the economic success of GALILEO. |
BUDGETARY IMPLICATION |
The proposal has no implications for the Community budget. |
ADDITIONAL INFORMATION |
Review/revision/sunset clause |
The proposal contains a sunset clause applying to all or part of the legislative act where pre-established conditions are met. |
1. B) PROPOSAL
Proposed Decision
The Commission proposes that the Council, on the basis of Articles 133 and 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) of the Treaty establishing the European Community, should authorise the signature of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco.
2006/0074 (ACC)
Proposal for a
COUNCIL DECISION
on the signing of a Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 170 and 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Whereas:
2. The Commission has negotiated on behalf of the Community an Agreement with the Kingdom of Morocco.
3. Subject to its possible conclusion at a later date, the Agreement initialled on 8 November 2005 should be signed,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to possible conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the Community and its Member States, the Cooperation Agreement between the European Community and its Member States, and the Kingdom of Morocco on a Civil Global Navigation Satellite System (GNSS).
The text of the Agreement is attached to this Decision.