Res Communis

European Parliament: European Earth monitoring programme (GMES) (2011–2013)

by P.J. Blount with the blog faculty

The European Parliament passed three documents pertaining to European Earth monitoring programme (GMES) (2011–2013) on June 16, 2010.

A resolution:

European Parliament legislative resolution of 16 June 2010 on the proposal for a regulation of the European Parliament and of the Council on the European Earth observation programme (GMES) and its initial operations (2011–2013) (COM(2009)0223 – C7-0037/2009 – 2009/0070(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2009)0223),

– having regard to Article 251(2) and Article 157(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0037/2009),

– having regard to the Communication from the Commission to Parliament and the Council entitled “Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures” (COM(2009)0665),

– having regard to Article 294(3) and Article 189 of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 20 January 2010(1) ,

– after consulting the Committee of the Regions,

– having regard to the undertaking given by the Council representative by letter of 5 May 2010 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A7-0161/2010),

1. Adopts the position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

A position document:

Position of the European Parliament adopted at first reading on 16 June 2010 with a view to the adoption of Regulation (EU) No …/2010 of the European Parliament and of the Council on the European Earth monitoring programme (GMES) and its initial operations (2011-2013)

P7_TC1-COD(2009)0070

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(1) ,

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(2) ,

Whereas:

(1) At its meeting of 15 and 16 June 2001 in Gothenburg, the European Council agreed on a strategy for sustainable development, in order to mutually reinforce economic, social and environmental policies and added an environmental dimension to the Lisbon process.

(2) In the Resolution on the European Space Policy(3) of 21 May 2007 adopted at the fourth joint and concomitant meeting of the Council of the European Union and of the Council of the European Space Agency at ministerial level (the “Space Council”, established in accordance with Article 8(1) of the Framework Agreement between the European Community and the European Space Agency(4) ), the Council recognised the actual and potential contributions by space activities to the Lisbon strategy for growth and employment, in the form of providing enabling technologies and services for the emerging European knowledge society and contributing to European cohesion, and underlined that space is a significant element of the strategy for sustainable development.

(2a) The Resolution “Taking forward the European Space Policy” of 26 September 2008 adopted at the fifth joint and concomitant meeting of the Council of the European Union and of the Council of the European Space Agency at Ministerial Level stressed the need to develop adequate EU instruments and funding schemes, taking into account the specificities of the space sector, the need to strengthen its overall and its industry’s competitiveness and the necessity of a balanced industrial structure; and to allow appropriate long-term Union investment in space-related research and for the operation of sustainable space-based applications for the benefit of the Union and its citizens, in particular by examining all space-related policy consequences within the framework of the next financial perspective.

(2b) The European Parliament’s resolution of 20 November 2008 on the European space policy: how to bring space down to earth stressed the need to find adequate EU instruments and funding schemes for the European Space Policy to supplement the allocations from the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (“the Seventh Framework Programme”), so as to allow the different economic actors to plan their actions in the medium and long term and emphasised that the next financial framework should take into account adequate EU instruments and funding schemes to allow long-term Union investment in space-related research and for the operation of sustainable space-based applications for the benefit of the Union and its citizens.

(3) Global Monitoring for Environment and Security (GMES) is an Earth monitoring initiative led by the European Union and carried out in partnership with the Member States and the European Space Agency (ESA) . Its primary objective is to ▌provide, under European Union control, information services, which give access to accurate data and information in the field of environment and security ▌and are tailored to the needs of ▌users. In doing so, it should foster better exploitation of the industrial potential of policies of innovation, research and technological development in the field of Earth observation. GMES should be inter alia a key tool to support biodiversity, ecosystem management, and climate change mitigation and adaptation.

(4) In order to achieve the objective of GMES on a sustainable basis, it is necessary to coordinate the activities of the various partners involved in GMES, and to develop, establish and operate service and observation capacity meeting demands of users, without prejudice to relevant national and European security restrictions .

(4a) In this context, the GMES Committee should assist the Commission in ensuring the coordination of contributions to GMES by the European Union, the Member States and inter-governmental agencies, making best use of existing capacities and identifying gaps to be addressed at Union level. It should also assist the Commission in monitoring the coherent implementation of the GMES programme. It should monitor the evolution of policy and enable exchanges of good practice in GMES.

(4b) GMES is a user-driven programme, thus requiring the continuous, effective involvement of users, particularly regarding the definition and validation of service requirements. In order to increase its value to users, their input should be actively sought through regular consultation with end-users from the public and private sectors. A dedicated body (the “User Forum”) should also be established to facilitate the identification of user requirements, the verification of service compliance and the coordination of the GMES programme with its public users.

(4c) The Commission should be responsible for the implementation of the GMES security policy, assisted by the GMES Committee. For that purpose, a specific configuration of the GMES Committee (the “Security Board”) should be set up.

(4d) For the purpose of providing for a framework ensuring full and open access to information produced by GMES services and data collected through GMES infrastructure, while providing for the necessary protection of the information produced by the GMES services and of data collected through the GMES dedicated infrastructure, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of registration and licensing conditions for GMES users and of criteria for restriction of access to GMES data and information, while taking into account the data and information policies of providers of data needed for GMES, and without prejudice to national rules and procedures applicable to space and in situ infrastructures under national control. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level.

(4e) In order to ensure uniform conditions for implementation of this Regulation and of the delegated acts adopted on the basis of this Regulation, implementing powers should be conferred to the Commission to adopt, on the basis of the conditions and criteria established by delegated acts, specific measures on restricting access to the information produced by the GMES services and to data collected through the GMES dedicated infrastructure, including individual measures taking into account the sensitivity of the information and data in question. Implementing powers should also be conferred to the Commission to coordinate the voluntary contributions of Member States and the potential synergies with relevant national, European Union and international initiatives, to set the maximum rate of co-financing for grants, to adopt measures laying down the technical requirements in order to ensure the control and integrity of the system within the GMES space component dedicated programme and to control the access to, and handling of, technologies that provide security to the GMES space component dedicated programme, and to adopt the annual work programme of GMES. According to Article 291 of the Treaty on the Functioning of the European Union (TFEU), rules and general principles concerning mechanisms for the control by Member States of the Commission’s exercise of implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5) continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable.

(4f) As GMES is based on a partnership between the EU, ESA and the Member States, the Commission should endeavour to continue the dialogue recently established with ESA and Member States owning relevant space assets.

(5) GMES services are necessary in order to foster the use of information sources by the private sector on a continuous basis, thus facilitating innovation by service providers adding value, many of which are small and medium-sized enterprises (SMEs).

(6) GMES comprises both development activities and operations. Regarding operations, in its third orientations adopted at the Space Council meeting of 28 November 2005, Council supported a phased approach for implementation of GMES based on clearly identified priorities, starting with the development of three fast-track services in the field of emergency response, land monitoring and marine services.

(7) The first operational services in the field of emergency response and land monitoring were financed as preparatory actions in accordance with Article 49(6)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(6) (“the Financial Regulation”).

(8) In addition to the development activities financed under the space thematic area included in Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)(7) , European Union action is necessary in the period of 2011-2013 to ensure continuity with the preparatory actions and to establish operational services on a more permanent basis in areas of sufficient technical maturity with a proven potential for the development of downstream services ▌.

(9) In its Communication of 12 November 2008 entitled “Global Monitoring for Environment and Security (GMES): we care for a safer planet”, the Commission outlined its approach to the governance and financing of GMES and indicated its intention to delegate technical implementation of GMES to specialised entities, including ESA for the GMES space component owing to its unique position and expertise.

(9a) The Commission should entrust the coordination of the technical implementation of the GMES services, where appropriate, to competent European or intergovernmental institutions, such as the European Environment Agency (EEA) and the European Centre for Medium-Term Weather Forecasting (ECMWF).

(10) Operational services in the field of emergency management and humanitarian responses are necessary in order to coordinate the existing capacity of the European Union and its Member States to be better prepared, respond to and recover from natural and man-made disasters, which often also have a negative impact on the environment. As climate change could lead to an increase in emergencies, GMES will be essential for supporting climate change adaptation measures . GMES services should therefore deliver geospatial information to support ▌emergency and humanitarian responses.

(11) Land monitoring services are important for monitoring of biodiversity and ecosystems, support climate change mitigation and adaptation measures and the management of a wide range of resources and policies, most of which relate to the natural environment: soil, water, agriculture, forests, energy and utilities, built-up areas, recreational facilities, infrastructure and transport. Operational land monitoring services are necessary at both European and global levels, developed in collaboration with Member States, third countries in Europe and partners outside Europe and with the United Nations.

(11a) GMES services in the field of the marine environment are important for the support of an integrated European capacity for ocean forecasting and monitoring and the future provision of Essential Climate Variables (ECVs). They are an essential element for climate change monitoring, marine environment monitoring and transport policy support.

(11b) Atmosphere monitoring services are important for monitoring air quality, atmospheric chemistry and composition. They are an essential element for climate change monitoring and the future provision of ECVs. The provision of information on the state of the atmosphere is necessary on a regular basis and at regional and global levels.

(11c) Security services are an important part of the GMES initiative. Europe will benefit from the use of space and in situ assets in support of the implementation of services responding to the challenges which Europe is facing in the security field, notably border control, maritime surveillance and support to EU external actions.

(11d) Monitoring of climate change should allow for the adaptation and mitigation of its effects. It should in particular contribute to the provision of ECVs, climate analysis and projections on a scale relevant to adaptation and mitigation, and relevant service delivery.

(12) The provision of operational services financed under this Regulation depends on access to data collected via space infrastructure and airborne, seaborne and ground-based facilities (“in situ infrastructure”) and survey programmes. With full respect for the principles of subsidiarity and proportionality, access to the required data should therefore be ensured and where necessary in-situ data collection complementary to existing European Union and national activities may be supported. ▌The continuous availability of the underlying in situ and space observation infrastructure needs to be ensured, including space infrastructure specifically developed for GMES in the framework of the ESA GMES space component programme (the Sentinel missions). The first Sentinels will enter their initial operations phase starting in 2012 .

(13) The Commission should ensure the complementarity of GMES related research and development activities under the Seventh Framework Programme, the EU contribution to GMES initial operations, activities of GMES partners and already existing structures, such as the European Data Centres.

(14) GMES initial operations should be implemented consistently with other relevant European Union policies, instruments and action, in particular with environmental, security, competitiveness and innovation, cohesion, research, transport, competition and international cooperation policies, the European Global Navigation Satellite Systems (GNSS) programme and protection of personal data. Furthermore, GMES data should maintain coherence with Member States’ spatial reference data and support the development of the infrastructure for spatial information in the European Union established by Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(8) . GMES should also complement the Shared Environmental Information System (SEIS) and European Union activities in the field of emergency response.

(14a) GMES and its initial operations should be considered as a European contribution to building the Global Earth Observing System of Systems (GEOSS) developed within the framework of the Group on Earth Observations (GEO).

(15) The Agreement on the European Economic Area and the Framework Agreements with candidate and potential candidate countries provide for participation by those countries in European Union programmes. Participation by other non-EU countries and international organisations should be rendered possible by the conclusion of international agreements to that effect.

(16) For the entire duration of GMES initial operations, a financial envelope of EUR 107 million constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(9) (“Interinstitutional Agreement”) should be established. It is envisaged that this financial envelope will be complemented by an amount of EUR 209 million from the space theme of the Seventh Framework Programme for research actions accompanying GMES initial operations that should be managed in accordance with applicable rules and decision-making procedures in the Seventh Framework Programme. These two funding sources should be managed in a coordinated manner in order to ensure consistent progress in the implementation of the GMES programme .

(16a) That financial envelope is compatible with the ceiling for subheading 1a financial framework 2007-2013, but the margin remaining in Heading 1a for 2011-2013 is very small. It should be emphasised that the annual amount will be determined during the annual budgetary procedure, in accordance with point 37 of the Interinstitutional Agreement.

(16b) The fund should if possible be further increased so that commitment appropriations can be allocated for the space component during the current Multiannual Financial Framework (MFF). In specific terms, this concerns the operation of the A series of Sentinel satellites and the launch of the B series and the procurement of crucial components for the C series.

(16c) To that end, the Commission should, in the context of the mid-term review of the current MFF, and before the end of 2010, examine the possibility of additional funding for GMES, within the overall EU budget during the MFF 2007-2013.

(16d) The allocation of any additional funding to this Regulation on top of the EUR 107 million already allocated should be considered in the context of the discussion on the future of European space policy, notably on procurement and governance.

(16e) The Commission should also submit a long-term financing strategy for the future MFF during the first semester of 2011, without prejudice to the outcome of the negotiations on the MFF 2014-2020.

(16f) In its financial planning, the Commission should ensure that data continuity is ensured both during and after the end of the period of the initial GMES operations (2011-2013), and that the services can be used uninterruptedly and without restrictions.

(17) In accordance with the Financial Regulation, Member States, non-EU countries and international organisations should be free to contribute to the programmes on the basis of appropriate agreements.

(18) GMES information should be fully and openly accessible, without prejudice to relevant security restrictions and to the data policies of Member States and other organisations contributing data and information to GMES . This is necessary to promote the use and sharing of Earth observation data and information in accordance with the principles of the SEIS, INSPIRE and Global Earth Observation System of Systems (GEOSS). Full and open access to data should also take into account existing commercial data provision and should promote stronger Earth observation markets in Europe, in particular in downstream sectors, to increase growth and employment.

(18a) According to the Commission Communication of 28 October 2009 entitled “Global Monitoring for Environment and Security (GMES): Challenges and Next Steps for the Space Component”, there should be a full and open access data policy for the Sentinels through a free-of-charge licensing and online access scheme, subject to security aspects. Such an approach aims at maximising the beneficial use of Sentinel data for the widest range of applications and is intended to stimulate the uptake of information based on Earth observation data for end users.

(19) The action financed under this Regulation should be monitored and evaluated in order to allow readjustments.

▌

(22) Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities” financial interests(10) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities” financial interests against fraud and other irregularities(11) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(12) .

(23) Since the objective of this Regulation, namely the establishment of the GMES programme and its initial operations, cannot be sufficiently achieved by the Member States because GMES initial operations will also comprise pan-European capacity and depend on coordinated provision of services throughout the Member States that needs to be coordinated at European Union level and can therefore, by reason of the scale of the action, be better achieved at European Union level, the European Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in the same Article, this Regulation does not go beyond what is necessary in order to achieve these objectives, especially regarding the Commission’s role as coordinator of national activities .

HAVE ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation establishes the European Earth monitoring programme (Global Monitoring for the Environment and Security (“GMES programme “), and ▌the implementation of its initial operations during the 2011-2013 period .

Article 2

GMES programme

1. The GMES programme shall build on the research activities carried out under Decision No 1982/2006/EC and the GMES Space Component Programme of ESA.

2. The GMES programme shall comprise the following:

(a) a service component ensuring access to information in support of the following ▌areas:

▌
– atmosphere monitoring;
– climate change monitoring in support of adaptation and mitigation policies ;
– emergency management;
– land monitoring;
– marine environment monitoring;
– security;
(b) a space component ensuring sustainable spaceborne observations for the service areas referred to in point (a);
(c) an in situ component ensuring observations through airborne, seaborne and ground-based installations for the service areas referred to in point (a).

Article 3

GMES initial operations (2011-2013)

1. GMES initial operations shall cover the period 2011–2013 and may comprise operational actions in the following fields:
(1) the service areas referred to in Article 2(2)(a);
▌
(3) measures to support take-up of services by users;
(4) data access ▌;

(4a) support for in-situ data collection;
(5) the GMES space component.

2. The ▌objectives of the actions referred to in paragraph 1 are defined in the Annex.

▌

Article 4

Organisational arrangements

1. The Commission shall ensure coordination of the GMES programme with activities at national, European Union and international level, notably the Global Earth Observation System of Systems (GEOSS). The implementation and operation of GMES shall be based on partnerships between the European Union and the Member States, in compliance with their respective rules and procedures. The coordination of the voluntary contributions of Member States, and the potential synergies with relevant national, European Union and international initiatives, shall be implemented in accordance with the advisory procedure referred to in Article 11(3a).

2. The Commission shall manage the funds allocated to the activities under this Regulation in accordance with the Financial Regulation and with the management procedure referred to in Article 11(3). It shall ensure complementarity and consistency of the GMES programme with other relevant European Union policies, instruments and actions, relating in particular to the environment, security, competitiveness and innovation, cohesion, research (in particular the activities of the Seventh Framework Programme linked to GMES, without prejudice to Decision No 1982/2006/EC) , transport and competition, international cooperation, the European Global Navigation Satellite Systems (GNSS) programmes, the protection of personal data and existing intellectual property rights, Directive 2007/2/EC (INSPIRE), the Shared Environmental Information System (SEIS) and European Union activities in the field of emergency response.

2a. The Commission shall ensure that, the GMES programme being a user-driven initiative, service specifications match user needs. To that end, it shall establish a transparent mechanism for regular user involvement and consultation, enabling identification of user requirements at European and national level. The Commission shall ensure coordination with relevant public sector users in Member States, third countries and international organisations. Service data requirements shall be established independently by the Commission after consultation of the User Forum.

▌

3a. Technical coordination and implementation of the GMES space component shall be delegated toESA , relying on the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) where necessary.

3b. The Commission shall entrust the coordination of the technical implementation of the GMES services, where appropriate, to competent European or intergovernmental institutions.

Article 4a

Service Delivery

1. The Commission shall take adequate measures to ensure effective competition in the provision of GMES services and to promote the participation of SMEs. The Commission shall facilitate the use of the GMES services output to develop the downstream sector.

2. The provision of GMES services shall be decentralised, where appropriate, to integrate at European level existing space, in-situ and reference data inventories and capacities in Member States, thus avoiding duplication. Procurement of new data that duplicate existing sources shall be avoided unless the use of existing or upgradable data sets is not technically feasible or cost-effective.

3. The Commission, taking into account the opinion of the User Forum, may define or validate appropriate procedures for the certification of the production of data within the framework of the GMES programme. Those procedures shall be transparent, verifiable and auditable to ensure authenticity, traceability and data integrity to the user. In its contractual arrangements with GMES service operators, the Commission shall ensure that those procedures are implemented.

4. The Commission shall report annually on the results achieved in the implementation of this Article.

Article 5

Forms of European Union funding

1. European Union funding may take ▌the following legal forms:

(-1) delegation agreements;

(1) grants;

(2) public procurement contracts.

2. Genuine competition, transparency and equal treatment shall be ensured in the provision of funding by the European Union. Where justified, European Union grants may be provided in specific forms, including framework partnership agreement, or co-funding of operating or action grants. Operating grants to bodies pursuing objectives of general European interest shall not be subject to the degressivity provisions of the Financial Regulation. For grants, the maximum rate of co-financing shall be adopted in accordance with the procedure of Article 11(3).

2a. The Commission shall report on the allocation of European Union funds to each of the activities specified in Article 3(1) and on the evaluation process and results of the procurement tenders and of the contracts concluded on the basis of this Article, after the award of the contracts.

Article 6

Participation of third countries

The following countries may participate in the actions referred to in Article 2:
(1) European Free Trade Association (EFTA) countries which are Contracting Parties to the EEA Agreement in accordance with the conditions laid down in the EEA Agreement;
(2) the candidate countries, as well as potential candidates included in the stabilisation and association process in accordance with the Framework Agreements, or Protocol to an Association Agreement, on the general principles for the participation of those countries in European Union programmes, concluded with those countries;
(3) the Swiss Confederation, other third countries not referred to in points (1) and (2), and international organisations, in accordance with agreements concluded by the European Union with such third countries or international organisations, pursuant to Article 218 of TFEU, which shall lay down the conditions and detailed rules for their involvement.

Article 7

Funding

1. The financial envelope allocated to the operational activities established in Article 3(1) of this Regulation shall be EUR 107 million.

2. Appropriations shall be authorised annually by the budgetary authority within the limits laid down in the multi-annual financial framework.

3. Third countries or international organisations may also provide additional funding for the GMES programme.

Additional funds referred to in the first subparagraph shall be treated as assigned revenue, in accordance with Article 18 of the Financial Regulation.

Article 8

GMES Data and Information Policy

1. The data and information policy for actions financed under the GMES programme shall have the following objectives:

(a) promoting the use and sharing of GMES information and data;

(b) full and open access to information produced by GMES services and data collected through GMES infrastructure, subject to relevant international agreements, security restrictions and licensing conditions, including registration and acceptance of user licences ;

(c) strengthening Earth observation markets in Europe, in particular the downstream sector, with a view to enabling growth and job creation;

(d) contributing to the sustainability and continuity of the provision of GMES data and information;

(e) supporting the European research, technology and innovation communities.

2. For the purpose of providing for a framework ensuring the attainment of the GMES information and data policy objective referred to in point (b) of paragraph 1 while providing for the necessary protection of the information produced by the GMES services and of data collected through the GMES dedicated infrastructure, the Commission may adopt, by means of delegated acts in accordance with Article 8a and subject to the conditions of Articles 8b and 8c, the following measures, taking into account the data and information policies of providers of data needed for GMES, and without prejudice to national rules and procedures applicable to space and in situ infrastructures under national control:

(a) measures establishing registration and licensing conditions for GMES users;

(b) measures defining criteria for restricting access to the information produced by the GMES services and to data collected through the GMES dedicated infrastructure.

Article 8a

Exercise of the delegation

1. The powers to adopt the delegated acts referred to in Article 8(2) shall be conferred on the Commission until 31 December 2013.

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

3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 8b and 8c.

Article 8b

Revocation of the delegation

1. The delegation of power referred to in Article 8(2) may be revoked at any time by the European Parliament or by the Council.

2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavor to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 8c

Objections to delegated acts

1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by two months.

2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

Article 8d

Implementing measures on data and information policy and on the governance of the security of GMES components and information

1. On the basis of the criteria referred to in point (b) of Article 8(2), the Commission shall adopt specific measures in accordance with the regulatory procedure referred to in Article 11(2), on restricting access to the information produced by GMES services and data collected through the GMES dedicated infrastructure.

2. The Commission shall ensure overall coordination with regard to the security of the GMES components and services, taking into account the need for oversight and integration of the security requirements of all its elements, without prejudice to national rules and procedures applicable to space and in situ infrastructures under national control. In particular, the Commission shall adopt measures, in accordance with the regulatory procedure referred to in Article 11(2), laying down technical requirements in order to ensure the control and integrity of the system within the GMES space component dedicated programme, and to control the access to, and handling of, technologies that provide security to the GMES space component dedicated programme.

Article 9

Monitoring and evaluation

1. The Commission shall monitor and evaluate the implementation of actions referred to in Article 3(1).

2. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions an interim evaluation report by 31 December 2012 and an ex-post evaluation report by 31 December 2015 .

Article 10

Implementing measures

1. The Commission shall adopt the annual work programme pursuant to Article 110 of the Financial Regulation and Articles 90 and 166 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(13) in accordance with the management procedure referred to in Article 11(3).

2. The financial allocation for the GMES programme may also cover expenses relating to preparatory, monitoring, control, audit and evaluation activities which are required directly for the management of the GMES programme and the achievement of its objectives, and in particular studies, meetings, information and publication actions, together with all other technical and administrative assistance expenses that the Commission may incur for the management of the GMES programme.

Article 11

GMES Committee

1. The Commission shall be assisted by a committee (the “GMES Committee”).

1a. The GMES Committee may meet in specific configurations to deal with concrete issues, notably those relating to security (“Security Board”).

2. Where reference is made to this paragraph, the regulatory procedure referred to in Article 5 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. Where reference is made to this paragraph, the management procedure referred to in Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3a. Where reference is made to this paragraph, the advisory procedure referred to in Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 11a

User Forum

1. The User Forum is hereby set up as a dedicated body. It shall advise the Commission with regard to the definition and validation of user requirements, and to the coordination of the GMES programme with its public users.

2. The User Forum shall be chaired by the Commission. It shall consist of GMES public sector users appointed by the Member States.

3. The Secretariat of the User Forum shall be provided by the Commission.

4. The User Forum shall adopt its rules of procedure.

5. The GMES Committee shall be kept fully informed of the advice of the User Forum for the implementation of the GMES programme.

Article 12

Protection of the European Union’s financial interests

1. The Commission shall ensure that, when actions financed under this Regulation are implemented, the financial interests of the European Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by means of effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulation (EC, Euratom) No 2988/95, Regulation (Euratom, EC) No 2185/96 and Regulation (EC) No 1073/1999.

2. For the European Union actions financed under this Regulation, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of European Union law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union , by an unjustified item of expenditure.

3. Agreements resulting from this Regulation, including agreements concluded with participating third countries and international organisations, shall provide for supervision and financial control by the Commission, or any representative authorised by it, and audits by the Court of Auditors, if necessary on-the-spot.

Article 13

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President

And an annex:

ANNEX

Objectives of GMES initial operations (2011–2013)

The actions referred to in Article 3(1) shall contribute to the following objectives:
(1) emergency response services, based on existing activities in Europe, shall ensure that Earth observation data and derived products are made available for the benefit of emergency response players at international, European, national and regional levels to different types of disasters, including meteorological hazards (including storms, fires and floods), geophysical hazards (including earthquakes, tsunamis, volcanic eruptions and landslides), deliberate and accidental man-made disasters and other humanitarian disasters. As climate change could lead to an increase in emergencies, GMES emergency response will be essential to support climate change adaptation measures in this area as a part of the prevention, preparedness, response and recovery activities in Europe;
(2) land monitoring services shall ensure that Earth observation data and derived products are made available for the benefit of European, national, regional and international authorities responsible for the global to local environmental monitoring of biodiversity, soil, water, forests and national resources, as well as in general implementation of environmental policies, collection of geographical information, agriculture, energy, urban planning, infrastructure and transport. Land monitoring services shall include monitoring of climate change variables;

(2a) marine monitoring services shall provide information on the state of physical ocean and marine ecosystems for the global ocean and the European regional areas. The application areas of the GMES marine services include maritime safety, the marine environment and coastal regions, marine resources as well as seasonal meteorological forecasting and climate monitoring;

(2b) atmosphere environmental services shall ensure the monitoring of air quality on a European scale and of the chemical composition of the atmosphere on a global scale. It shall in particular provide information for air quality monitoring systems on the local to national scales, and should contribute to the monitoring of atmospheric chemistry climate variables;

Security Services shall provide useful information in support of the challenges which Europe is facing in the security field, notably border control, maritime surveillance and support for EU external actions;

(2d) monitoring of climate change shall allow for the adaptation and mitigation of its effects. It should in particular contribute to the provision of ECVs, climate analyses and projections on a scale relevant to adaptation and mitigation and relevant service delivery;
(3) measures to support take-up of services by users shall include implementation of technical interfaces adapted to the specific user environment, training, communication and development of the downstream sector;
(4) data access ▌shall ensure that Earth observation data from a wide range of European missions and other types of observation infrastructure, ▌are collected and made available to achieve the objectives of GMES ▌;

(4a) the in-situ component shall ensure coordination of in-situ data collection and in-situ data access for GMES services;
(5) GMES initial operations shall ensure the operations and development of the GMES space component, which consists of space-borne Earth observation infrastructure and aims at ensuring observation of Earth sub-systems (including land surfaces, atmosphere and oceans). GMES initial operations shall draw on existing or planned national and European space infrastructure and on space infrastructure developed in the GMES Space Component Programme.

European Parliament: Structures for the management of the European satellite radio navigation programmes

by P.J. Blount with the blog faculty

The European Parliament passed a resolution and and a position document relating to Structures for the management of the European satellite radio navigation programmes on June 16, 2010.

The resolution:

European Parliament legislative resolution of 16 June 2010 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (COM(2009)0139 – C7-0103/2009 – 2009/0047(COD))

(Ordinary legislative procedure: first reading)

The European Parliament ,

– having regard to the Commission proposal to Parliament and the Council (COM(2009)0139),

– having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0103/2009),

– having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

– having regard to Article 294(3) and Article 172 of the Treaty of the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 15 July 2009(1)

– after consulting the Committee of the Regions

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A7-0160/2010),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

And the position document:

Position of the European Parliament adopted at first reading on 16 June 2010 with a view to the adoption of Regulation (EU) No …/2010 of the European Parliament and of the Council ▌ setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008

P7_TC1-COD(2009)0047

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Having consulted the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(2) ,

Whereas:

(1) The European satellite radio-navigation policy is presently implemented through the EGNOS and Galileo programmes.

(1a) Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes(3) , ▌established a Community agency, called the European GNSS Supervisory Authority (hereinafter the “Authority”).

▌

(3) Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo)(4) defines the new framework for the public governance and financing of the Galileo and EGNOS programmes. It sets out the principle of the strict division of responsibilities between the European Union, represented by the Commission, the Authority and the European Space Agency (hereinafter the “ESA”), granting the Commission responsibility for the management of the programmes and attributing to it the tasks originally assigned to the Authority. It also provides that the Authority, when accomplishing the tasks entrusted to it, will ensure that the Commission’s role as manager of the programmes is respected and that the Authority acts in accordance with guidelines issued by the Commission.

(3a) In Regulation (EC) No 683/2008 the European Parliament and the Council invited the Commission to put forward a proposal to align formally the management structures of the EGNOS and Galileo programmes as set out in Regulation (EC) No 1321/2004 with the new roles of the Commission and the Authority as set out in Regulation (EC) No 683/2008.

▌

(5) ▌ In view of its reduced sphere of activity, the Authority should no longer be called the “European GNSS Supervisory Authority”, but rather the “European GNSS Agency” (hereinafter the “Agency”). However, the continuity of the activities of the Authority, including continuity as regards rights and obligations, staff and the validity of any decisions taken, should be ensured under the Agency.

(6) The aims and objectives of Regulation (EC) No 1321/2004 should also be adjusted in order to reflect the fact that the Agency is no longer responsible for the management of public interests relating to Global Navigation Satellite Systems ( GNSS) European programmes and for regulating such programmes.

(6a) The legal status of the Agency should be such as to enable it to act as a legal person in the discharge of its tasks.

(7) It is also important to modify the tasks of the Agency, and, in this regard, to ensure that its tasks are defined in conformity with those set out in Article 16 of Regulation (EC) No 683/2008, including the possibility for the Agency to accomplish other activities that may be entrusted to it by the Commission, in order to support the Commission in the implementation of the GNSS programmes. In accordance with Article 54(2)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) , such activities could for example include following the development of coordination and consultation procedures on security-related matters, carrying out research of benefit to the development and promotion of the European GNSS programmes and providing support in the development and implementation of the Public Regulated Service (PRS) pilot project. .

(7a) Within its scope, its objectives and in the performance of its tasks, the Agency should comply in particular with the provisions applicable to Union institutions.

(7b) The Commission should, in the context of its mid-term review of the Galileo programme planned for 2010 as referred to in Article 22 of Regulation (EC) No 683/2008, also address the issue of the governance of the programme in the operating and exploitation phase and the role of the Agency in this context.

(8) In order to reflect the ▌title of this Regulation ▌and the new name of the Agency, all provisions of Regulation (EC) No 683/2008 citing the previous name of the Agency should be amended.

▌

(9a) In order to ensure effectively the accomplishment of the tasks of the Agency, the Member States and the Commission should be represented on an Administrative Board entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedure for decision making by the Agency, approve its work programme and appoint the Executive Director.

(9b) It is also appropriate to include a representative of the European Parliament in the Agency’s Administrative Board as a non-voting member , in view of the fact that Regulation (EC) No 683/2008 highlighted the usefulness of close cooperation between the European Parliament, the Council and the Commission. ▌

(10) In order to ensure that the Agency accomplishes its tasks whilst respecting the Commission’s role as manager of the programmes and in accordance with guidelines issued by the Commission, it is also important ▌to state explicitly that the Agency should be managed by an Executive Director under the supervision of the Administrative Board, in accordance with the guidelines provided to the Agency by the Commission. It is equally important to specify that the Commission should have five representatives on the Agency’s Administrative Board and that decisions regarding a limited number of tasks of the Board should not be adopted without the assent of the representatives of the Commission .

(10a) The smooth functioning of the Agency requires that its Executive Director be appointed on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, and that he/she performs his/her duties with complete independence and flexibility as to the organisation of the internal functioning of the Agency. Except as regards certain activities and measures relating to security accreditation, the Executive Director should prepare and take all necessary steps to ensure the proper accomplishment of the work programme of the Agency, should prepare each year a draft general report to be submitted to the Administrative Board, should draw up a draft statement of estimates of revenues and expenditure of the Agency and should implement the budget.

(10b) The Agency’s Administrative Board should be empowered to take any decision which may ensure that the Agency can accomplish its tasks with the exception of the accreditation tasks, which should be entrusted to the Security Accreditation Board, and in respect of which the Administrative Board will be responsible only for resource and budget matters. Sound governance of the programmes requires also that the tasks of the Administrative Board be compliant with the new missions assigned to the Agency by virtue of Article 16 of Regulation (EC) No 683/2008, notably regarding the functioning of the Security Monitoring Centre and the instructions given pursuant to Council Joint Action 2004/552/CFSP of 12 July 2004 on aspects of the operation of the European satellite radio-navigation system affecting the security of the European Union (6) .

▌

(11a) Procedures whereby office-holders are appointed should be transparent.

(12) Furthermore, in view of the scope of the tasks entrusted to the Agency, which include security accreditation, the Agency’s Scientific and Technical Committee should be disbanded and its System Security and Safety Committee replaced by a Security Accreditation Board for European GNSS systems, to be responsible for security accreditation, and composed of representatives from the Member States and the Commission. The High Representative for Foreign Affairs and Security Policy (hereinafter the “HR”) and the ESA should have an observer role.

(13) Accreditation activities should be carried out independently of the authorities responsible for managing the programmes, notably the Commission, the other bodies of the Agency, ▌the ESA, and other entities responsible for implementing provisions with regard to security. In order to ensure such independence , a Security Accreditation Board for European GNSS systems should be established as the ▌security accreditation authority for the systems and for the receivers containing PRS technology. It should be , within the Agency, an autonomous body that takes its decisions independently and objectively, in the interest of the citizens .

( 14) Given that the Commission, in accordance with Regulation (EC) No 683/2008, manages all aspects relating to system security, and in order to ensure efficient governance of security issues and compliance with the principle of strict division of responsibilities provided for under that Regulation ▌, it is essential for the Security Accreditation Board’s activities to be strictly limited to the security accreditation activities of systems and not under any circumstances to encroach on the tasks entrusted to the Commission under Article 13 of Regulation (EC) No 683/2008 .

(14a) The decisions taken by the Commission in accordance with procedures involving the European GNSS Programmes Committee will in no way affect the existing rules on budgetary matters or the specific competence of Member States on security matters.

(14b) In accordance with Article 13(4) of Regulation (EC) No 683/2008, in cases where the security of the Union or the Member States may be affected by the operation of the European satellite radio-navigation system, the procedures set out in Joint Action 2004/552/CFSP apply. In particular, in the event of a threat to the security of the Union or of a Member State arising from the operation or use of the system, or in the event of a threat to the operation of the system, in particular as a result of an international crisis, the Council, acting unanimously is able to decide on the necessary instructions to the Agency and the Commission. Any Member of the Council, the HR or the Commission are able to request a Council discussion to agree on such instructions.

(14c) In application of the principle of subsidiarity, security accreditation decisions should, following the process defined in the security accreditation strategy, be based on local security accreditation decisions taken by the respective national security accreditation authorities of the Member States.

(14d) In order for it to carry out all of its activities quickly and effectively, the Security Accreditation Board should be able to establish appropriate subordinate bodies acting on its instructions. It should accordingly set up a “Panel” to assist it in preparing its decisions and a “Crypto Distribution Authority”, managing and preparing crypto material issues, including a “Flight Key Cell” dedicated to operational flight keys for launches, as well as other bodies, if necessary, to deal with specific issues. In doing so, special consideration should be given to the necessary continuity of the work in these bodies.

(15) It is also important for accreditation activities to be coordinated with the work of the authorities responsible for managing the programmes and other entities responsible for implementing security provisions. ▌

(16) Given the specific nature and complexity of the systems, it is essential for the ▌accreditation activities to be carried out in a context of collective responsibility for the security of the Union and the Member States , by making efforts to reach a consensus and by involving all parties with an interest in security, and for ▌permanent risk monitoring ▌. It is also imperative that technical accreditation activities be entrusted to professionals who are duly qualified in the field of accrediting complex systems and who have an adequate level of security clearance.

(17) In order to ensure that the Security Accreditation Board is able to accomplish its tasks, it should also be provided that Member States supply the Board with any necessary documentation, ▌grant▌ access to classified information and to any areas falling within their jurisdiction to duly authorised persons , and that they should be responsible at local level for the accreditation of the security of areas that are located within their territory.

▌

(19) The systems established within the framework of the European satellite radio-navigation programmes are infrastructures the use of which extends well beyond the national boundaries of the Member States, and which are set up as trans-European networks in accordance with the provisions of Article 172 of the Treaty on the Functioning of the European Union. Furthermore, the services provided via such systems contribute to the development of trans-European networks in the areas of transport, telecommunications and energy infrastructures.

(19a) The Commission is to assess the budgetary implications of the financing of the Agency for the expenditure heading concerned. On the basis of the information and without prejudice to the relevant legislative procedure, the two arms of the budgetary authority need to achieve, in the framework of budgetary cooperation, a timely agreement on the financing of the Agency. The Union budgetary procedure is applicable to the Union contribution charged to the general budget of the European Union. In addition, auditing of accounts are to be undertaken by the European Court of Auditors in accordance with Title VIII of Regulation (EC, Euratom) No 1605/2002.

( 19b ) The Agency should apply the relevant Union legislation concerning public access to documents and the protection of individuals with regard to the processing of personal data. It should also comply with the security principles applicable to the Council and the Commission services.

(19c) It should be possible for third countries to participate in the Agency, provided that they have concluded a prior agreement to this effect with the Union, particularly when these countries have been involved in the previous phases of the programme through their contribution to the Galileosat programme of the ESA.

(19d) Since the objectives of this Regulation, namely to establish and ensure the functioning of an agency with responsibility in particular for security accreditation of the European GNSS systems, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(19e) Regulation (EC) No 683/2008 should be amended accordingly.

(20) Regulation (EC) No 1321/2004 has previously been amended ▌. Considering the amendments that are now being introduced, it is appropriate, for the sake of clarity, to repeal that Regulation and replace it with a new Regulation .

HAVE ADOPTED THIS REGULATION:

Subject, tasks, bodies

Article 1

Subject matter

This Regulation sets up a Union agency called the European GNSS Agency (hereinafter the “Agency”).

Article 2

Tasks

The tasks of the Agency shall be as set out in Article 16 of Regulation (EC) No 683/2008.

Article 3

Bodies

The bodies of the Agency shall be the Administrative Board, the Security Accreditation Board for European GNSS systems and the Executive Director. They shall accomplish their tasks in accordance with the guidelines given by the Commission as set out in Article 16 of Regulation (EC) No 683/2008.

Article 4

Legal status, local offices

1. The Agency shall be a body of the Union. It shall have legal personality.

2. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.

3. The Agency may decide to establish local offices in Member States subject to their consent, or in other countries participating in the programme in accordance with Article 20.

4. The Agency shall be represented by its Executive Director, subject to Article 9b(9) .

Article 5

Administrative Board

1. An Administrative Board is hereby set up to carry out the tasks listed in Article 6.

2. The Administrative Board shall be composed of one representative appointed by each Member State, five representatives appointed by the Commission and a non-voting representative appointed by the European Parliament . The duration of the term of office of the Board members shall be five years. The term of office may be renewed for a maximum of five years . A representative of the HR and a representative of the ESA shall be invited to attend the Administrative Board’s meetings as observers .

3. When appropriate, the participation of representatives of third countries and the conditions thereof shall be established in the arrangements referred to in Article 20.

4. The Administrative Board shall elect a Chairperson and a Deputy Chairperson from among its members. The Deputy Chairperson shall automatically take the place of the Chairperson if he/she is prevented from attending to his/her duties. The term of office of the Chairperson and of the Deputy Chairperson shall be two and a half years and shall expire when they cease to be members of the Administrative Board. The terms of office may be renewed once.

5. The meetings of the Administrative Board shall be convened by its Chairperson.

The Executive Director of the Agency shall normally take part in the deliberations, unless the Chairperson decides otherwise .

The Administrative Board shall hold an ordinary meeting twice a year. In addition, it shall meet on the initiative of its Chairperson or at the request of at least a third of its members.

The Administrative Board may invite any person whose opinion can be of interest to attend its meetings as an observer. ▌The members of the Administrative Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.

The secretariat of the Administrative Board shall be provided by the Agency.

6. Unless otherwise provided in this Regulation, the Administrative Board shall take its decisions by a two-thirds majority of its members.

7. Each representative of the Member States and of the Commission shall have one vote. Decisions based on Article 6(b) and (e) shall not be adopted without a positive vote of the representatives of the Commission . The Executive Director of the Agency shall not vote.

The rules of procedure shall establish the more detailed voting arrangements, in particular the conditions for a member to act on behalf of another member.

Article 6

Tasks of the Administrative Board

The Administrative Board shall ensure that the Agency carries out the work entrusted to it, under the conditions set out in this Regulation, and shall take any necessary decision to this end. In respect of security accreditation tasks and decisions provided for in Chapter II, the Administrative Board shall be responsible only for resources and budgetary matters. The Administrative Board shall also :
(a) appoint the Executive Director pursuant to Article 7(2);
(b) adopt not later than 15 November each year, and after receiving the Commission’s opinion, the work programme of the Agency for the coming year ▌;
(c) perform its duties in relation to the Agency’s budget pursuant to Articles 10 and 11;
(d) oversee the operation of the Galileo security centre (referred to as the “Galileo Security Monitoring Centre” or “the GSMC”) as referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008 ;
(e) exercise disciplinary authority over the Executive Director;
(f) adopt the special provisions necessary for the implementation of the right of access to the documents of the Agency, in accordance with Article 18;
(g) adopt the annual report on the activities and prospects of the Agency and forward it, by 1 July, to the Member States, the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Court of Auditors; the Agency shall forward to the budgetary authority all information relevant to the outcome of the evaluation procedures;
(h) adopt its rules of procedure.
▌

Article 7

Executive Director

1. The Agency shall be managed by its Executive Director, who shall carry out his/her duties under the supervision of the Administrative Board ▌.

2. The Executive Director shall be appointed by the Administrative Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of at least three candidates proposed by the Commission, after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest . The Administrative Board shall take its decision by a three-quarters majority of its members.

Power to dismiss the Executive Director shall lie with the Administrative Board, according to the same procedure.

The Executive Director’s term shall be five years . This term of office may be renewed once for a further five-year period.

3. The European Parliament or the Council may call upon the Executive Director to submit a report on the performance of his/her tasks, and to make a statement before these institutions .

Article 8

Tasks of the Executive Director

The Executive Director:
(a) shall be responsible for representing the Agency, except in respect of activities and decisions undertaken in accordance with the Articles of Chapters II and III, and shall be in charge of its management;
(b) shall prepare the work of the Administrative Board. He/she shall participate, without having the right to vote, in the work of the Board;
(c) shall be responsible for implementing the annual work programme of the Agency under the control of the Administrative Board;
(d) shall take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with this Regulation;
(e) shall draw up estimates of the Agency’s revenue and expenditure in accordance with Article 10, and shall implement the budget in accordance with Article 11;
(f) shall prepare a draft general report each year and submit it to the Administrative Board;
(fa) shall ensure that the Agency, as the operator of the GSMC, is able to respond to instructions provided under the Joint Action 2004/552/CFSP;
(g) shall define the organisational structure of the Agency and submit it for approval to the Administrative Board;
(h) shall exercise, in respect of the staff, the powers laid down in Article 15;
(i) may adopt, after approval of the Administrative Board, the necessary measures to establish local offices in Member States in accordance with Article 4;
(ia) shall ensure that the secretariat and all the resources necessary for proper functioning are provided to the Security Accreditation Board and to the bodies set up under its authority referred to in Article 9b(11).

Aspects relating to the security of the European Union or the Member States

Article 9

Joint Action

1. In accordance with Article 13(4) of Regulation (EC) No 683/2008, whenever the security of the Union or the Member States may be affected by the operation of the systems, the procedures set out in Joint Action 2004/552/CFSP shall apply.

2. The security accreditation decisions taken pursuant to Chapter III, as well as the residual risks identified, shall be communicated by the Commission to the Council for information.

Security accreditation for European GNSS systems

Article 9a

General principles

The security accreditation activities referred to in this Chapter shall be carried out in accordance with the following principles:
(a) security accreditation activities and decisions are undertaken in a context of collective responsibility for security of the Union and the Member States;
(b) efforts shall be made for decisions to be reached by consensus and for all relevant parties with an interest in security issues to be involved;
(c) tasks shall be carried out in respect of relevant security rules applicable to the Council and the Commission (7) ;
(d) a permanent monitoring process shall ensure that security risks are known, security measures are defined to reduce such risks to an acceptable level in accordance with the basic principles and minimum standards set out in the security rules applicable to the Council and the Commission and that these measures are applied in line with the concept of defence in depth. The effectiveness of such measures shall be continuously evaluated;
(e) security accreditation decisions shall, following the process defined in the security accreditation strategy, be based on local security accreditation decisions taken by the respective national security accreditation authorities of the Member States;
(f) the technical security accreditation activities shall be entrusted to professionals who are duly qualified in the field of accrediting complex systems, who have an appropriate level of security clearance, and who shall act objectively;
(g) accreditation decisions shall be taken independently of the Commission, without prejudice to Article 3, and of the entities responsible for implementing the programmes. As a result, a security accreditation authority for European GNSS systems shall be, within the Agency, an autonomous body that takes its decisions independently;
(h) security accreditation activities shall be carried out while reconciling the requirement for independence with the need for adequate coordination, between the Commission and the authorities responsible for implementing security provisions.

Article 9b

Security Accreditation Board

1. A Security Accreditation Board for European GNSS systems (hereinafter the “Board”) shall be established within the Agency. As regards the European GNSS systems, this body shall have the tasks of the security accreditation authority, as referred to in the relevant security rules applicable to the Council and the Commission.

2. The Board shall perform the tasks entrusted to the Agency with regard to security accreditation under Article 16(a)(i) of Regulation (EC) No 683/2008 and take “security accreditation decisions” as provided for in the present Article, in particular on the approval of the security accreditation strategy and of satellite launches, the authorisation to operate the systems in their different configurations and for the various services, the authorisation to operate the ground stations and in particular the sensor stations located in third countries, as well as the authorisation to manufacture the receivers containing PRS technology and their components.

3. The security accreditation of systems by the Board shall consist of the establishment of the compliance of the systems with the security requirements referred to in Article 13 of Regulation (EC) No 683/2008 and in accordance with the relevant security rules and regulations applicable to the Council and the Commission.

4. On the basis of the risk reports referred to in paragraph 11 of this Article, the Board shall inform the Commission of its risk assessment and provide advice to the Commission on residual risk treatment options for a given security accreditation decision.

5. The Commission shall keep the Board continuously informed of the impact of any envisaged decisions of the Board on the proper conduct of the programmes and of the implementation of residual risk treatment plans. The Board shall take note of any such opinion of the Commission.

6. The decisions of the Board shall be addressed to the Commission.

7. The Board shall be composed of one representative per Member State, one representative from the Commission and one from the HR. A representative of ESA shall be invited to attend Board meetings as an observer.

8. The Board shall establish its rules of procedure and shall appoint its Chairperson.

9. The Chairperson of the Board shall be responsible for representing the Agency insofar as the Executive Director, according to Article 8, is not responsible.

10. The Board shall have access to all the human and material resources required to provide appropriate administrative support functions and to enable it, together with the bodies referred to in paragraph 11 of this Article, to perform its tasks independently, in particular when handling files, initiating and monitoring the implementation of security procedures and performing system security audits, preparing decisions and organising its meetings.

11. The Board shall set up special bodies, under itself, to deal with specific issues, acting on its instructions. In particular, while ensuring necessary continuity of work, it shall set up:
– a Panel to conduct security analysis reviews and tests to produce the relevant risk reports in order to assist it in preparing its decisions;
– a Crypto Distribution Authority (CDA) to assist the Board in particular for questions related to flight keys.

12. If consensus according to the general principles referred to in Article 9a cannot be reached, the Board shall take decisions on the basis of majority voting, as provided for in Article 16 of the Treaty on European Union and without prejudice to Article 9 of this Regulation. The representative of the Commission and the representative of the HR shall not vote. The Chairperson of the Board shall sign, on behalf of the Board, the decisions adopted by the Board.

13. The Commission shall keep the European Parliament and the Council informed, without undue delay, about the impact of the adoption of the accreditation decisions on the proper conduct of the programmes. If the Commission considers that a decision taken by the Board may have a significant effect on the proper conduct of the programmes, for example in terms of costs and schedule, it shall urgently inform the European Parliament and the Council.

14. Taking into account the views of the European Parliament and of the Council, which should be expressed within one month, the Commission may adopt any adequate measures in accordance with Regulation (EC) No 683/2008.

15. The Administrative Board shall be regularly kept informed about the evolution of the work of the Security Accreditation Board.

14. The timetable for the work of the Board shall respect the GNSS work programme of the Commission.

Article 9c

Role of Member States

Member States shall:
(a) transmit to the Board all information they consider relevant for the purposes of security accreditation;
(b) permit duly authorised persons appointed by the Board to have access to any classified information and to any areas/sites related to the security of systems falling within their jurisdiction, in conformity with their national laws and regulations, and without any discrimination on ground of nationality, including for the purposes of security audits and tests as decided by the Board;
(c) each be responsible for devising a template for access control, which is to outline or list the areas/sites to be accredited, and which shall be agreed in advance between the Member States and the Board, thereby ensuring that the same level of access control is being provided by all Member States;
(d) be responsible, at local level, for the accreditation of the security of areas that are located within their territory and form part of the security accreditation area for European GNSS systems, and report, to this end, to the Board.

Budgetary and financial provisions

Article 10

Budget

1. Without prejudice to other resources and dues yet to be defined, revenue of the Agency shall include a Union subsidy entered in the general budget of the European Union in order to ensure a balance between revenue and expenditure.

2. The expenditure of the Agency shall cover staff, administrative and infrastructure expenditure, operating costs and expenditure associated with the functioning of the Board, including any special bodies set up to assist it, and the contracts and agreements concluded by the Agency in order to accomplish the tasks entrusted to it.

3. The Executive Director shall draw up a draft statement of estimates of the revenue and expenditure of the Agency for the following year and shall forward it to the Administrative Board, together with a draft establishment plan.

4. Revenue and expenditure shall be in balance.

5. Each year the Administrative Board, on the basis of the draft statement of revenue and expenditure, shall produce a statement of estimates of revenue and expenditure for the Agency for the following financial year.

6. This statement of estimates, which shall include a draft establishment plan together with the provisional work programme, shall, by 31 March, be forwarded by the Administrative Board to the Commission and to the States with which the Union has concluded agreements in accordance with Article 20.

7. The statement of estimates shall be forwarded by the Commission to the European Parliament and to the Council (hereinafter the “budgetary authority”) together with the preliminary draft general budget of the European Union.

8. On the basis of the statement of estimates, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to general budget, which it shall place before the budgetary authority in accordance with Article 314 TFEU.

9. The budgetary authority shall authorise the appropriations for the subsidy to the Agency and shall adopt the establishment plan for the Agency.

10. The budget shall be adopted by the Administrative Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

11. The Administrative Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which will have significant financial implications for the funding of the budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

12. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Administrative Board within a period of six weeks from the date of notification of the project.

Article 11

Implementation and control of the budget

1. The Executive Director shall implement the budget of the Agency.

2. By 1 March following each financial year, the accounting officer of the Agency shall communicate the provisional accounts to the Commission’s accounting officer, together with a report on the budgetary and financial management for that financial year. The Commission’s accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Regulation (EC, Euratom) No 1605/2002.

3. By 31 March following each financial year, the Commission’s accounting officer shall forward the provisional accounts of the Agency to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report shall also be forwarded to the European Parliament and the Council.

4. On receipt of the Court of Auditors’ observations on the provisional accounts of the Agency, under Article 129 of Regulation (EC, Euratom) No 1605/2002, the Executive Director shall draw up the final accounts of the Agency under his/her own responsibility and submit them to the Administrative Board for an opinion.

5. The Administrative Board shall deliver an opinion on the final accounts of the Agency.

6. The Executive Director shall, by 1 July following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Administrative Board’s opinion.

7. The final accounts shall be published.

8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September. He/she shall also send this reply to the Administrative Board.

9. The Executive Director shall submit to the European Parliament, at the latter’s request, all information necessary for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of Regulation (EC, Euratom) No 1605/2002.

10. The European Parliament, on a recommendation from the Council acting on a qualified majority, shall, before 30 April of the year N + 2, grant discharge to the Executive Director in respect of the implementation of the budget for year N.

Article 12

Financial provisions

The financial rules applicable to the Agency shall be adopted by the Administrative Board after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(8) unless such departure is specifically required for the operation of the Agency and the Commission has given its prior consent.

Miscellaneous provisions

Article 13

Anti-fraud measures

1. In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(9) shall apply without restriction.

2. The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti Fraud Office (OLAF)(10) and shall issue, without delay, appropriate provisions applicable to all staff of the Agency.

3. The decisions concerning funding, and the implementing agreements and instruments resulting there from, shall explicitly stipulate that the Court of Auditors and OLAF may, if necessary, carry out on-the-spot checks on the recipients of funding of the Agency and the agents responsible for allocating it.

Article 14

Privileges and immunities

The Protocol on Privileges and Immunities of the European Union shall apply to the Agency.

Article 15

Staff

1. The Staff Regulations of Officials of the European Union, the Conditions of employment of other servants of the European Union and the rules adopted jointly by the institutions of the European Union for the purposes of the application of those Staff Regulations and Conditions of employment shall apply to the staff of the Agency. The Administrative Board, in agreement with the Commission, shall adopt the necessary detailed rules of application.

2. Without prejudice to Article 8, the powers conferred on the appointing authority by the Staff Regulations and the Conditions of employment of other servants shall be exercised by the Agency with respect to its own staff.

3. The staff of the Agency shall consist of servants recruited by the Agency as necessary to perform its tasks, but may also include officials with the appropriate clearance who have been assigned or seconded by the Commission or the Member States on a temporary basis.

3a. The provisions laid down in paragraphs 1 and 3 of this Article shall also apply to the staff of the GSMC.

Article 16

Liability

1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question. The Court of Justice shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the Agency.

2. In the event of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its servants in the performance of their duties.

3. The Court of Justice shall have jurisdiction in any dispute relating to compensation for damage referred to in paragraph 2.

4. The personal liability of its servants towards the Agency shall be governed by the provisions laid down in the Staff Regulations or Conditions of employment applicable to them.

Article 17

Languages

1. The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community(11) shall apply to the Agency.

2. The translation services required for the functioning of the Agency shall be provided by the Translation Centre for the bodies of the European Union.

Article 18

Access to documents and protection of data of a personal character

1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(12) shall apply to documents held by the Agency.

2. The Administrative Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 within six months from the entry into force of this Regulation.

3. Decisions taken by the Agency in pursuance of Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the Ombudsman or an action before the Court of Justice of the European Union, under Articles 228 and 263 TFEU respectively.

4. When processing data relating to individuals, the Agency shall be subject to the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(13) .

Article 19

Security rules

The Agency shall apply the security principles contained in Commission Decision 2001/844/EC, ECSC, Euratom. This shall cover, inter alia, provisions for the exchange, handling and storage of classified information.

Article 20

Participation of third countries

1. The Agency shall be open to the participation of third countries, which have entered into agreements with the European Union to this effect.

2. Under the relevant provisions of these agreements, arrangements shall be developed specifying, in particular, the nature, extent and manner in which these countries will participate in the work of the Agency, including provisions relating to participation in the initiatives undertaken by the Agency, financial contributions and staff.

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Final provisions

Article 20a

Amendments to Regulation (EC) No 683/2008

Throughout Regulation (EC) No 683/2008 the words

“European GNSS Supervisory Authority” and “Authority” shall be replaced by “European GNSS Agency” and “Agency” respectively.

Article 20b

Repeal and validity of measures taken

Regulation (EC) No 1321/2004 is hereby repealed. References to the repealed Regulation shall be construed as references to this Regulation. Any measure adopted on the basis of Regulation (EC) No 1321/2004 shall remain valid.

Article 20c

Evaluation

By 2012 at the latest, the Commission shall evaluate this Regulation, particularly as regards the Agency’s tasks laid down in Article 2, and, if necessary, make proposals.

Article 21

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament For the Council

The President The President