Legal provisions of COM(2022)57 - Union Secure Connectivity Programme for the period 2023-2027 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)57 - Union Secure Connectivity Programme for the period 2023-2027. |
|---|---|
| document | COM(2022)57  |
| date | March 15, 2023 |
Contents
- CHAPTER I - General provisions
- CHAPTER II - Services and participants
- CHAPTER III - Budgetary contribution and funding mechanisms
- CHAPTER IV - Implementation of the Programme
- CHAPTER V - Governance of the Programme
- CHAPTER VI - Security of the Programme
- CHAPTER VII - International relations
- CHAPTER VIII - Programming, monitoring, evaluation and control
- CHAPTER IX - Delegated and implementing acts
- CHAPTER X - Transitional and final provisions
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; |
| (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. |
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 (27), 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; |
| (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; |
| (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; |
| (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; |
| (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.
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; |
| (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.
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).
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.
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. |
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.
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; |
| (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. |
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. |
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). |
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.
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).
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. |
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).
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.
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.
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; |
| (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); |
| (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; |
| (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.
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 (28). 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.
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.
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.
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).
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.
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.
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; |
| (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; |
| (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.
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 20 March 2023.
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.
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; |
| (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. |
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 (29) 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.
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).
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.
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.
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). |
| (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.
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; |
| (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.
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.
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.
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.
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. |
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).
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).
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; |
| (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. |
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.
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.
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.
2. By 21 March 2024 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; |
| (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.
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.
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 (30) and (EU) 2018/1725 of the European Parliament and of the Council (31).
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.
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.
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.
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.
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.
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.