Procedure : 2010/0282(COD)
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Document selected : A7-0260/2011

Texts tabled :

A7-0260/2011

Debates :

Votes :

PV 13/09/2011 - 5.8
CRE 13/09/2011 - 5.8
Explanations of votes

Texts adopted :

P7_TA(2011)0350

REPORT     ***I
PDF 921kWORD 431k
1.7.2011
PE 454.624v02-00 A7-0260/2011

on the proposal for a decision of the European Parliament and of the Council on the detailed rules for access to the public regulated service offered by the global navigation satellite system established under the Galileo programme

(COM(2010)0550 – C7‑0318/2010 – 2010/0282(COD))

Committee on Industry, Research and Energy

Rapporteur: Norbert Glante

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Foreign Affairs
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and of the Council on the detailed rules for access to the public regulated service offered by the global navigation satellite system established under the Galileo programme

(COM(2010)0550 – C7‑0318/2010 – 2010/0282(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0550),

–   having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0318/2010),

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

–   having regard to the opinion of the European Economic and Social Committee of 8 December 2010(1),

–   after consulting the Committee of the Regions,

–    having regard to the undertaking given by the Council representative by letter of 15 June 2011 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 opinion of the Committee on Foreign Affairs (A7-0260/2011),

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.

AMENDMENTS BY PARLIAMENT(2)*

to the Commission proposal

---------------------------------------------------------

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the rules for access to the public regulated service provided by the global navigation satellite system established under the Galileo programme

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,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)         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)(5) makes provision in its Annex that the specific objectives of the Galileo programme are to ensure that the signals emitted by the system can be used in particular to offer a public regulated service (hereinafter "PRS") restricted to government-authorised users, for sensitive applications which require effective access control and a high level of service continuity.

(1a)       While relevant provisions of Regulation (EC) No 683/2008 apply also to the services, including the PRS, listed in the Annex thereto, considering the inter-linkage between the system and the service from a legal, technical, operational, financial and ownership perspective, it is appropriate to reproduce the relevant rules on the application of security regulations for the purpose of this Decision.

(3)         The European Parliament and the Council have recalled on several occasions that the system resulting from the Galileo programme is a civilian system under civilian control, that is, it was created in accordance with civilian standards based on civilian requirements and under the control of the Union institutions.

(3a)       Galileo is of strategic importance for the independence of the Union regarding satellite navigation, positioning and timing services and will offer an important contribution to the implementation of the "Europe 2020" strategy for smart, sustainable and inclusive growth.

(4)         Of the various services offered by European satellite navigation systems, the PRS is both the most secure and the most sensitive and is therefore suitable for services where robustness and complete reliability must be ensured. It must ensure service continuity for its participants, even in the most serious crisis situations. The consequences of infringing the security rules when using this service are not restricted to the user concerned, but could potentially extend to other users. Use and management of the PRS is therefore the joint responsibility of Member States in order to protect the security of the Union and their own security. Consequently, access to the PRS must be strictly limited to certain categories of user which are subject to continuous monitoring.

(5)         It is therefore necessary to define the ▌rules for access to the PRS and the rules for managing it, in particular specifying the general principles relating to access, the functions of the various management and supervisory bodies, the conditions relating to manufacturing and security, and the export monitoring system.

(6)         With regard to the general principles of access to the PRS, given the actual purpose of the service and its characteristics, its use must be strictly limited ▌, with Member States, the Council, the Commission and the European External Action Service granted discretionary, unlimited and uninterrupted access worldwide. Furthermore, each Member State must be in a position to take its own sovereign decision on which PRS users to authorise and what uses may be made of the PRS, including uses relating to security, in accordance with minimum ▌standards.

(7)         ▌ In order to promote ▌ the use of European technology worldwide, certain non-member countries and international organisations could become PRS participants through separate agreements to be concluded with them. For secure government satellite radio navigation applications, the terms and conditions under which ▌non-member countries and international organisations may use the PRS should be laid down in international agreements, it being understood that compliance with security requirements should always be compulsory. In the context of such agreements, manufacturing of PRS receivers could be allowed, under specific conditions and requirements, being of a level at least equivalent to the conditions and requirements applying to Member States. However, such agreements should not include particularly security sensitive matters such as the manufacturing of security modules.

(7a)       Agreements with non-member countries or international organisations will be negotiated taking full account of the importance of ensuring the respect of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, protection of freedom of thought, conscience and religion as well as freedom of expression and information, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

(7b)       The security regulations of the European Space Agency should offer a degree of protection at least equivalent to that provided by the Commission's rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom(6) and by the security regulations of the Council set out in the Annex to Council Decision 2011/292/EU(7).

(8)         Generally speaking, the Union and the Member States must do their utmost to ensure that both the system derived from the Galileo programme and PRS technology and equipment are safe and secure, to prevent signals emitted for the PRS from being used by non-authorised natural or legal persons, and to prevent any hostile use of the PRS against them.

(9)         It is important in this connection that the Member States determine the system of penalties applicable in the event of non-compliance with the obligations stemming from this Decision, and that they ensure that those penalties are applied. The penalties must be effective, proportionate and dissuasive.

(10)       In the case of management and supervisory bodies, the arrangement whereby PRS participants would designate a "Competent PRS Authority" responsible for managing and supervising users would appear to be the best way of effectively managing PRS use, by facilitating relations between the various stakeholders responsible for security and ensuring permanent supervision of users (in particular national users) in compliance with the common minimum standards. However, certain flexibilities should be ensured in order to allow Member States to organise the responsibilities efficiently.

(10a)     In the implementation of this decision, any processing of personal data should be carried out in accordance with Union law, as set out, in particular, in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(8) and in Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(9).

(11)       Furthermore, one of the tasks of the Galileo Security Monitoring Centre referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008 should be to provide an operational interface between the various stakeholders responsible for the security of the PRS.

(12)       The Council and the High Representative are also called upon to play a role in managing the PRS, ▌ through the application of 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(10). The Council is also called upon to approve international agreements authorising a non-member country or an international organisation to use the PRS.

(13)       With regard to receiver manufacturing and security, security requirements make it necessary for this task to be entrusted only to a Member State which has designated a Competent PRS Authority or to undertakings established on the territory of a Member State which has designated a Competent PRS Authority. Furthermore, the receiver manufacturer must have been duly accredited in advance by the Security Accreditation Board in compliance with Regulation (EU) No 912/2010(11) and must comply with the decisions of the Security Accreditation Board. It is the responsibility of the Competent PRS Authorities to continuously monitor compliance both with this accreditation requirement and those decisions and with specific technical requirements stemming from the common minimum ▌ standards.

(13a)     A Member State which has not designated a Competent PRS Authority should in any case designate a point of contact for the management of any detected harmful electromagnetic interference affecting PRS. This point of contact is a body or individual or an address that has the role of reporting point, which the Commission can contact in case of potentially harmful electromagnetic interference in order to remedy such interference.

(14)       With regard to export restrictions, exports outside the Union of equipment or technology and software relating to PRS use and relating to the development of and manufacturing for PRS, regardless of whether that equipment, that software or that technology are listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items(12), must be restricted to those non-member countries which are duly authorised to access the PRS under an international agreement with the Union. A non-member country on whose territory a reference station housing PRS equipment and forming part of the system derived from the Galileo programme is installed shall not be considered merely by virtue of that fact to be a PRS participant.

(15)       In order to be able to adopt the common minimum standards, in the areas set out in the Annex and, if necessary, update these standards the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the necessary amendments of the Annex to take account of developments in the programme. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(15a)     Because of their potential impact on the security of the system, of the European Union and of its Member States, both individually and collectively, it is essential that common rules concerning access to PRS and manufacturing PRS receivers and security modules are applied uniformly in each Member State. It is therefore necessary that the Commission should be empowered to adopt detailed requirements, guidelines and other measures in order to give effect to the common minimum standards. In order to ensure uniform conditions for the implementation of this Decision, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(13).

(15b)     The audits and inspections to be carried out by the Commission with the help of the Member States should, as appropriate, be carried out in a similar way as provided for in part VII of Annex III to Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information(14).

(15c)     Rules for access to the PRS offered by the global navigation satellite system established under the Galileo programme are a prerequisite for the implementation of the PRS. The Commission should analyze if a charging policy for PRS should be put in place, including with regard to non-member countries and international organisations, and report to the European Parliament and the Council on the outcome of this analysis.

(16)       Since the objective of this Decision – namely, to lay down the ▌rules under which the Member States, the Council, the Commission, the European External Action Service, the Union agencies, non-member countries and international organisations can access the PRS – cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the proposed action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.

(16a)     As soon as the PRS will be declared operational, a reporting and review mechanism should be set in place.

HAVE ADOPTED THIS DECISION:

Article 1Subject

This Decision lays down the ▌rules under which the Member States, the Council, the Commission, the EEAS, the Union agencies, non-member countries and international organisations may access the ▌PRS offered by the ▌GNSS established under the Galileo programme.

Article 1a

Definitions

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

(a)       "PRS" means public regulated service.

(b)      "PRS participants" means the Member States, the Council, the Commission , the EEAS as well as Union agencies, non-member countries and international organisations, insofar as such agencies, non-member countries and organisations have been duly authorised.

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

(d)      "GSMC" means the Galileo Security Monitoring Centre which is the Galileo security centre referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008 and Article 6(d) of Regulation (EU) No 912/2010.

(e)       "Security Accreditation Board" means the Security Accreditation Board for European GNSS systems established by Article 11 of Regulation (EU) No 912/2010.

(f)       "GNSS" means Global Navigation Satellite Systems.

(g)       "EEAS" means European External Action Service.

(h)      "European GNSS Agency" means the Agency established by Regulation (EU) No 912/2010.

Article 2General principles concerning access to the PRS

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

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

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

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

6.        Union agencies may become PRS participants only insofar as necessary to fulfil their tasks and according to the detailed rules laid down in an administrative agreement concluded between the Commission and the agency.

7.        Non-member countries or international organisations may become PRS participants only where, in accordance with the procedure provided for in Article 218 of the Treaty on the Functioning of the European Union:

a)        a security of information agreement defining the framework for exchanging and protecting classified information has been concluded between the Union and the non-member country or international organisation, providing a degree of protection at least equivalent to that of the Member States, and

b)        an agreement laying down the terms and conditions of the detailed rules for access to the PRS by the non-member country or international organisation has been concluded between the Union and the non-member country or international organisation. Such an agreement could include the manufacturing, under specific conditions, of PRS receivers, at the exclusion of security modules.

Article 4

Application of security regulations

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

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

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

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

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

(c)       notify to the appropriate authorities the result of this assessment accompanied by a recommendation to remedy the situation. These authorities shall inform the Commission without delay of the actions they intend to take or have already taken, including those aiming at preventing recurrence, as well as of the results of such actions; and

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

Article 6Competent PRS Authority

1.        A Competent PRS Authority shall be designated by:

(i)       each Member State, which uses the PRS and each Member State on whose territory any of the bodies referred to in Article 8(1) are established. In such cases, the Competent PRS Authority shall be established on the territory of the Member State concerned, which shall notify the designation to the Commission without delay.

(ii)      the Council, the Commission and the EEAS, if they use the PRS. In such a case, the European GNSS Agency may be designated as a Competent PRS Authority, in accordance with appropriate arrangements.

(iii) Union agencies and international organisations, in accordance with the provision of the agreements referred to in Article 2(6) and (7). In such a case, the European GNSS Agency may be designated as a Competent PRS Authority.

(iv)     non-member countries, in accordance with the provision of the agreements referred to in Article 2(7).

1a.      The costs for the functioning of a Competent PRS Authority shall be borne by the PRS participants who have designated it.

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

1c.      A Competent PRS Authority shall ensure that the use of PRS is in compliance with Article 8a and point 1 of the Annex and that:

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

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

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

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

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

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

1d.      The Competent PRS Authority of a Member State shall ensure that a body established on the territory of that Member State may only develop or manufacture PRS receivers or security modules if such a body:

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

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

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

1e.      In case of development or manufacturing referred to in paragraph 1d, or in the case of export outside the Union, the Competent PRS Authority of that Member State shall act as an interface to the entities competent for export restrictions of relevant equipment, technology and software regarding the use, development and manufacturing of PRS, in order to ensure that the provisions of Article 9 are applied.

1f.       A Competent PRS Authority shall be connected to the GSMC in accordance with Article 8a and point 4 of the Annex regarding the links between the GSMC and a Competent PRS Authority.

1g.      Paragraphs 1c and 1f shall be without prejudice to the possibility for Member States to delegate certain specific tasks of their respective Competent PRS Authority, by mutual consent, to another Member State, excluding any tasks related to the exercise of the sovereignty over their respective territory. Tasks referred to in paragraphs 1c and 1f as well as tasks under paragraph 1d may be carried out jointly by Member States. The Member States concerned shall notify such measures to the Commission without delay.

1h.      A Competent PRS Authority may request the technical assistance of the European GNSS Agency in order to perform its tasks, subject to specific arrangements. The Member States concerned shall notify such arrangements to the Commission without delay.

6a.      The competent PRS authorities shall report every three years on the compliance with the common minimum standards to the Commission and to the European GNSS Agency.

7.        The Commission shall, with the help of ▌ the European GNSS Agency, report every three years on the compliance of the Competent PRS Authoritieswith the common minimum ▌ standards to the European Parliament and the Council, as well as in any case of serious violation of them.

8.        Where a Competent PRS Authority does not comply with the common minimumstandards set out in Article 8a, the Commission may, taking due account of the subsidiarity principle and in consultation with the Member State concerned – and, if necessary, after obtaining further specific information – issue a recommendation. Within three months from the issuance of the recommendation, the Competent PRS Authority concerned shall either carry out the Commission’s recommendation or request or propose other changes with a view to ensuring compliance with the common minimum standards as referred to in Article 8a and implement them in agreement with the Commission.

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

Article 7Role of the

Galileo Security Monitoring Centre

The GSMC shall provide the operational interface between the Competent PRS Authorities, the Council and the High Representative acting under Joint Action 2004/552/CFSP and the control centres. It shall inform the Commission of any event that may affect the smooth running of the PRS.

Article 8Manufacture and security of receivers and security modules

1.        A Member State ▌ may, subject to the requirements set out in Article 6(1d), assign the task of manufacturing PRS receivers or the associated security modules ▌ to bodies established on its territory or on the territory of another Member State ▌. The Council, the Commission or the EEAS may assign the task of manufacturing PRS receivers or the associated security modules for their own use to bodies established on the territory of a Member State ▌. ▌

5.        The Security Accreditation Board may at any time revoke from a body referred to in paragraph 1 the authorisation it has granted to that body to manufacture PRS receivers or the associated security modules ifthe measures provided for in Article 6(1d)(ii) have not been complied with.

Article 8a

Common minimum standards

1.        The common minimum standards to be complied with by the competent PRS authorities referred to in Article 6 shall cover the areas set out in the Annex.

2.        The Commission shall be empowered to adopt delegated acts in accordance with Article 12 concerning the adoption of the common minimum standards for the areas set out in the Annex and, if necessary, amendments updating the Annex to take account of developments in the programme, in particular with regard to technology and changes in security need.

3.        On the basis of the common minimum standards referred to in paragraph 2, the Commission may adopt the necessary technical requirements, guidelines and other measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13a(2).

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

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

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

Article 9Export

restrictions

The export outside the Union of equipment, technology and software regarding the use, development of and manufacturing for PRS shall not be authorised other than in accordance with Article 8a and point 3 of the Annex and pursuant to the agreements referred to in Article 2(7) or under agreements regarding the detailed rules for hosting and operating reference stations ▌.

Article 11Application of Joint Action 2004/552/CFSP

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

Article 12Exercise of delegation

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

3a.      The delegation of power referred to in Article 8a(2) shall be conferred on the Commission for a period of 5 years from …(15) The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5‑year period.

3b.      The delegation of powers referred to in Article 8a(2) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3c.      As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3d.      A delegated act adopted pursuant to Article 8a(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 13a Committee procedure

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

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

Article 14aReview and report

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

Article14bSpecific rules for the implementation of the Galileo Programme

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

         the Commission, when acting as manager of the Galileo programme;

         operators of the system derived from the Galileo programme, strictly for the purposes of complying with their remit, as laid down in a specific arrangement with the Commission;

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

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

Article 14cPenalties

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

Article 15

Entry into force and application

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

2.        Member States shall start to apply Article 6 at the latest two years after the entry into force of this Decision.

Article 16Addressees

This Decision is addressed to the Member States.

__________________

Annex

Common minimum ▌ standards ▌

1.        As regards Article 6(1c), the common minimum standards for the use of PRS shall cover the following areas:

(i)       PRS user groups organisation;

(ii)      Definition and management of access rights of the PRS users and user groups of the PRS participants;

(iii)     Distribution of PRS keys and related classified information between the GSMC and the Competent PRS Authorities;

(iv)      Distribution of PRS keys and related classified information to the users;

(v)       Security management, including security incidents, and risk assessment for PRS receivers and associated classified technology and information;

(vi)      Reporting of detected potentially harmful electromagnetic interference affecting the PRS;

(vii)    Operational concepts and procedures for PRS receivers.

2.  As regards Article 6(1d) the CMS for the development and manufacture of PRS receivers or security modules shall cover the following areas:

(viii)   PRS user segment accreditation;

(ix)     Security of PRS receiver and PRS technology during research, development, and manufacturing phases;

(x)       PRS receiver and PRS technology integration;

(xi)     Protection profile for PRS receivers, security modules, and material using PRS technology.

3.        As regards Article 6(1e) and Article 9 the CMS for export restrictions shall cover the following areas:

(xii)    Authorised PRS participants;

(xiii)   Export of PRS related material and technology.

4.        As regards Article 6(1f) the CMS for the links between the GSMC and the Competent PRS Authorities shall cover the following area:

(xiv)    Data and voice links.

____________________

(1)

OJ C 54, 19.2.2011, p. 36.

(2)

* Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

(3)

OJ C 54, 19.2.2011, p. 36.

(4)

Position of the European Parliament of xx.xx.2011.

(5)

OJ L 196, 24.7.2008, p. 1.

(6)

OJ L 317, 3.12.2001, p. 1.

(7)

OJ L 141, 27.5.2011, p. 17.

(8)

OJ L 281, 23.11.1995, p. 31.

(9)

OJ L 201, 31.7.2002, p. 37.

(10)

OJ L 246, 20.7.2004, p. 30.

(11)

OJ L 276, 20.10.2010, p. 11.

(12)

OJ L 134, 29.05.2009, p. 1.

(13)

OJ L 55, 28.2.2011, p. 13.

(14)

OJ L 141, 27.5.2011, page 17.

(15)

Date of entry into force of this Decision.


EXPLANATORY STATEMENT

The European satellite navigation programme Galileo provides five services: the open service, the commercial service, the safety-of-life service, the search-and-rescue service and the public regulated service. The proposal under consideration here concerns the public regulated service (PRS), which is restricted to government-authorised users for sensitive applications (such as critical infrastructure, transport, internal and external security and emergency services). These applications call for a high level of precision and reliability, for which reason the PRS uses powerful, encrypted signals.

The Commission proposal creates a detailed legal framework governing access to the PRS and the administration and supervision of users, the aim being to guarantee the security of the system and the protection of information. Since certain PRS-related applications may be politically and strategically sensitive, and with a view to ensuring the requisite high degree of security, great care needs be taken when establishing this legal framework, which includes a joint, harmonised procedure for user authorisation by the participants. Although the PRS is not due to become operational until 2014, it is important that the requisite legal framework should be established in advance, so that the Member States and other actors have sufficient time to establish the various monitoring mechanisms and meet the mandatory security standards.

The Commission proposal lays down procedures whereby PRS participants (the Member States on an optional basis, the Council, the Commission and, subject to certain conditions, EU agencies, non-member countries and international organisations) can authorise selected PRS users to own or use a PRS receiver. The proposal encompasses:

· The requirement that every PRS participant should appoint a Competent PRS Authority to manage and supervise all users authorised to manufacture, own or use PRS receivers;

· The establishment of common minimum standards which must be complied with by all participants;

· The establishment of an EU-wide authorisation procedure and supervisory mechanism for the manufacture of PRS receivers and their security module;

· The establishment of strict rules governing the export of the equipment and technology needed for PRS use;

· Conditions governing possible participation by international organisations and non-member countries in the PRS.

Your rapporteur welcomes the Commission proposal. The PRS is one of the key services offered by Galileo, one which will guarantee continuity of service and security even at times of serious crisis. Since non-compliance with the security provisions can also have implications for other participants and users (in other words, security loopholes could lead to unauthorised, unfriendly use of the PRS), the use and management of and supervision of access to the PRS should be based on common standards. Your rapporteur takes the view that the proposed arrangements designed to guarantee security strike the requisite balance between the definition of common minimum standards and enforcement of the rules at EU level, on the one hand, and decentralisation of the supervision currently provided by the Member States, on the other.

Your rapporteur would like to highlight a number of points which may be particularly relevant to further discussion of the issues:

· The proposal should draw a clearer distinction between participants in and users of the PRS. It is important that the relevant definitions should be used consistently.

· Participation in the PRS is optional for each Member State. By the same token, the Member States take individual decisions about the way the PRS is to be used and whether users should pay for this service (in that connection, it should be borne in mind that GPS is free). Since it is possible that not all the Member States will participate in the PRS from the start, it would only be fair that only those Member States, institutions and other (international) organisations taking part should bear the PRS operating costs generated at national level.

· Although for the moment – not least for security reasons – it is necessary to restrict the manufacture of PRS receivers to EU territory, in future production might be extended to other countries, such as Switzerland, Norway or the USA. Naturally enough, in that event appropriate security agreements would have to be concluded laying down the conditions governing such authorisation, with a view to guaranteeing compliance with the common minimum standards.

· Since breaches of the security rules also have implications for other participants and could compromise security in general, a clear procedure should be introduced to cover cases in which a Competent PRS Authority fails to comply with the common minimum standards. The ultimate purpose of this procedure should be to guarantee that the standards are met throughout the EU.


OPINION of the Committee on Foreign Affairs (22.3.2011)

for the Committee on Industry, Research and Energy

on the proposal for a decision of the European Parliament and of the Council on the detailed rules for access to the public regulated service offered by the global navigation satellite system established under the Galileo programme

(COM(2010)0550 – C7‑0318/2010 – 2010/0282(COD))

Rapporteur: Maria Eleni Koppa

SHORT JUSTIFICATION

The Commission has presented to the European Parliament and the Council a proposal for a decision which aims at defining the rules of access to the Public Regulated Service (hereinafter PRS), a service of the Galileo programme restricted to government-authorised users and involving sensitive applications which require a high level of service continuity.

The present draft opinion focuses mainly on security-related issues, underlining at the same time the need for a more pronounced involvement of the European Commission in monitoring the application of the minimum common standards laid down by the given regulation. It puts forward an enhanced system of penalties to secure a centralised control of its implementation. The Commission, as manager of the GNSS programmes of the EU, must have the authority to determine penalties in the event of non-compliance with the minimum standards. The Member States, on their part, will determine what penalties are applicable when national provisions enacted pursuant to this decision are violated. In enacting these provisions, the Member States must secure a high degree of protection of classified information.

Given the sensitive character of PRS and the constant need for protection of classified information, the Commission shall ensure that the competent PRS Authorities comply constantly with the minimum common standards. It is important, therefore, that audits, controls or inspections are carried out on a regular basis.

The draft opinion emphasises the importance of PRS, as a useful tool in the framework of the CSDP operations and calls for the development of capacities in order to preventively protect critical infrastructure and secure the smooth functioning of the system, particularly in the event of international crisis.

The draftsperson aligns with the Commission on the proposal that also non member states and international organisations may have access to PRS, following the conclusion of international agreements with the EU, in accordance with the procedure provided for in article 218 of the Treaty on the Functioning of the European Union. The draftsperson underlines that this procedure implies consent by the European Parliament and that this agreement will determine the consequences in the case of infringement of its provisions. All penalties should be effective, proportionate and dissuasive in order to guarantee the security of the system and a high level of service continuity.

An effective export control of dual-use technology and items listed in European and international export control regimes should be guaranteed.

AMENDMENTS

The Committee on Foreign Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for the decision

Recital 1

Text proposed by the Commission

Amendment

(1) 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)7 makes provision in its Annex that the specific objectives of the Galileo programme are to ensure that the signals emitted by the system can be used in particular to offer a public regulated service (hereinafter "PRS") restricted to government-authorised users, for sensitive applications which require a high level of service continuity.

(1) 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)7 makes provision in its Annex that the specific objectives of the Galileo programme are to ensure that the signals emitted by the system can be used in particular to offer a public regulated service (hereinafter "PRS") restricted to government-authorised users, for sensitive applications which require effective access control and a high level of service continuity.

Justification

The proposed addition is to highlight the need to effectively control the access to the sensitive PRS applications.

Amendment  2

Proposal for the decision

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) Galileo is an important programme that enhances the independence and the security of the Union. Its PRS, in particular, is a useful tool for situational awareness and search-and-rescue tasks in the framework of the CSDP operations, as well as for the protection of critical infrastructures in the Union;

Justification

This amendment underlines the importance of Galileo and its PRS for the independence and security of the EU. It stresses, in particular, the role of PRS in the framework of the CSDP operations.

Amendment  3

Proposal for a decision

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3b) In view of importance of the PRS for navigation and guidance of military systems, the appropriate institutions of the Union and Member States should act accordingly, and increase their efforts regarding the possible revision of the international legal framework, including the 1967 Outer Space Treaty, taking into account the technological progress since the 1960s.

Amendment  4

Proposal for a decision

Recital 4

Text proposed by the Commission

Amendment

(4) Of the various services offered by European satellite navigation systems, the PRS is both the most secure and the most sensitive. It must ensure service continuity for its participants, even in the most serious crisis situations. The consequences of infringing the security rules when using this service are not restricted to the user concerned, but could potentially extend to other users. Use and management of the PRS is therefore the joint responsibility of Member States in order to protect the security of the European Union and their own security. Consequently, access to the PRS must be strictly limited to certain categories of user which are subject to continuous monitoring.

(4) Of the various services offered by European satellite navigation systems, the PRS is both the most secure and the most sensitive. It must ensure service continuity for its participants, even in the most serious crisis situations. This is only possible if one can technically prevent major players in the field of space and navigation from being able to modify, disrupt or even destroy Galileo or its components. The consequences of infringing the security rules when using this service are not restricted to the user concerned, but could potentially extend to other users. Use and management of the PRS is therefore the joint responsibility of Member States in order to protect the security of the European Union and their own security. Consequently, access to the PRS must be strictly limited to certain categories of user which are subject to continuous monitoring

Amendment  5

Proposal for a decision

Recital 8

Text proposed by the Commission

Amendment

(8) Generally speaking, the European Union and the Member States must do their utmost to ensure that both the system derived from the Galileo programme and PRS technologies and equipment are safe and secure, to prevent signals emitted for the PRS from being used by non-authorised natural or legal persons, and to prevent any hostile use of the PRS against them.

(8) Generally speaking, the European Union and the Member States must do their utmost to ensure that both the system derived from the Galileo programme and PRS technologies and equipment are safe and secure, to prevent signals emitted for the PRS from being used by non-authorised natural or legal persons, and to prevent any hostile use of the PRS against them. A European monitoring system should therefore be introduced.

Amendment  6

Proposal for a decision

Recital 9

Text proposed by the Commission

Amendment

(9) It is important in this connection that the Member States determine the system of penalties applicable in the event of non-compliance with the obligations stemming from this Decision, and that they ensure that those penalties are applied. The penalties must be effective, proportionate and dissuasive.

(9) It is important in this connection that the Commission determines the system of administrative measures applicable in the event of non-compliance with the obligations stemming from this Decision, while the Member States should determine what penalties are applicable when national provisions enacted pursuant to this Decision are infringed. The Member States should ensure that those penalties and administrative measures are applied. In all cases, the administrative measures and the penalties must be effective, proportionate and dissuasive. When administrative measures or penalties are imposed, the right of appeal for the accused individual or entity should be guaranteed.

Amendment  7

Proposal for a decision

Recital 12

Text proposed by the Commission

Amendment

(12) The Council is also called upon to play a role in managing the PRS, both through the application of 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, and through the approval of international agreements authorising a non-member country or an international organisation to use the PRS.

(12) The Council is also called upon to play a role in managing the PRS, both through the application of 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 and through the approval of international agreements authorising a non-member country or an international organisation to use the PRS. The security governance must be clear in the event of an immediate attack by a hostile state or non-state actor against the Union, the Member States or partner countries using PRS or other Galileo services. The Council should therefore update appropriately Joint Action 2004/552/CFSP following the changes made by the Lisbon Treaty, especially the role of High Representative for Foreign Affairs and Security Policy/Vice-President of the Commission on disrupting or significantly modifying the service in the event of an immediate threat.

Amendment  8

Proposal for the decision

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) Every PRS participant should take every necessary measure to ensure the smooth functioning of the system, ensuring the continuity and non-disruption of signals. Capabilities at Member State level, as well as in the framework of CSDP, should be developed in order to prevent spoofing attacks against the encrypted PRS signal and ensure the security of critical infrastructure.

Justification

This Amendment encourages the development of capabilities in tackling threats to the smooth functioning of PRS, particularly in the event of an international crisis. Article 2 of Council Joint Action 2004/552/CFSP refers to action in the event of a such unpleasant situation, rather than preventing the latter from taking place.

Amendment  9

Proposal for a decision

Recital 13

Text proposed by the Commission

Amendment

(13) With regard to receiver manufacture and security, security requirements make it necessary for this task to be entrusted only to a Member State which has access to the PRS or to undertakings established on the territory of a Member State which has access to the PRS. Furthermore, the receiver manufacturer must have been duly authorised in advance by the European GNSS Agency established by means of Regulation (EC) No xxx/20109 and must comply with the rules laid down by its internal approval authority. It is the responsibility of the Competent PRS Authorities to continuously monitor compliance both with the approval standards issued by the approval authority and with specific technical requirements stemming from the minimum common standards.

(13) With regard to receiver manufacture and security, security requirements make it necessary for this task to be entrusted only to a Member State which has designated a Competent PRS Authority or to undertakings established on the territory of a Member State which has designated a Competent PRS Authority. Furthermore, the receiver manufacturer must have been duly authorised in advance by the European GNSS Agency established by means of Regulation (EC) No xxx/20109 and must comply with the rules laid down by its internal approval authority. It is the responsibility of the Competent PRS Authorities to continuously monitor compliance both with the approval standards issued by the approval authority and with specific technical requirements stemming from the minimum common standards.

Amendment  10

Proposal for the decision

Recital 14

Text proposed by the Commission

Amendment

(14) With regard to export control, exports outside the European Union of equipment or technology relating to PRS use must be restricted to those non-member countries which are duly authorised to access the PRS under an international agreement with the European Union

(14) In general terms, dual-use technology must be subject to effective control when exported from the European Union. The Member States, when considering export-control requests for GNSS-related items from their industries, must comply with the provisions of European and international export control regimes, such as the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. With regard to equipment or technology relating to PRS use, in particular, exports must be restricted to those non-member countries which are duly authorised to access the PRS under an international agreement with the European Union.

Justification

This Amendment aims at clarifying that RPS relates to dual-use technology. Therefore, the member states and their industries have to comply with the obligations laid down by the European and international export control regimes.

Amendment  11

Proposal for a decision

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) Within the framework of a proposal from the Commission dealing with the pricing for GNSS services, the Commission, with the help of the Member States, should propose a proper financing model of the PRS. The Commission should report this financial framework to the European Parliament and the Council. This report should detail the exact costs of how the PRS will be covered.

Amendment  12

Proposal for the decision

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Justification

This amendment aims at underlining that all the Member States have right of access to the PRS, provided that they wish to benefit from it and that they comply with the minimum security standards (as specified in other articles).

Amendment  13

Proposal for the decision

Article 2 - paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Member States that make use of PRS in security-related sectors shall do so in line with the principles and the priorities of the Union, as defined in Chapter 1 of Title V of the Treaty on European Union and as specified in the European Security Strategy;

Justification

This amendment aims at clarifying that use of PRS in defence-related sectors must be in line with the principles guiding the EU and act according to its declared priorities.

Amendment  14

Proposal for the decision

Article 2 – paragraph 4

Text proposed by the Commission

Amendment

4. PRS users shall be natural or legal persons duly authorised by the PRS participants to own or use a PRS receiver.

4. PRS users shall be natural or legal persons, including governmental bodies, duly authorised by the PRS participants to own or use a PRS receiver.

Justification

This Amendment aims at clarifying that PRS users are governmental bodies.

Amendment  15

Proposal for the decision

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. An agreement laying down the terms and conditions of the detailed rules for use of the PRS by the non-member country or international organisation has been concluded between the European Union and the non-member country or international organisation in accordance with the procedure provided for in Article 128 of the Treaty on the Functioning of the European Union.

7. An agreement laying down the terms and conditions of the detailed rules for use of the PRS by the non-member country or international organisation has been concluded between the European Union and the non-member country or international organisation in accordance with the procedure provided for in Article 218 of the Treaty on the Functioning of the European Union, with the consent of the European Parliament.

Justification

This Amendment corrects the number of the article of the Treaty in the English version of the proposal, reminding that article 218 implies the consent of the European Parliament (Article 218, paragraph 6 (a) of the Treaty on the Functioning of the EU).

Amendment  16

Proposal for a decision

Article 2 – paragraph 7 – indent 1 a (new)

Text proposed by the Commission

Amendment

 

- Given the dual-use character of PRS-related goods and technology, the Member States and the non-member countries as well as international organisations shall respect all eight criteria of the EU Code of Conduct on Arms Export set out in Council Common Position 2008/944/CFSP of 8 December 2008;

Amendment  17

Proposal for a decision

Article 2 – paragraph 7 – indent 2 a (new)

Text proposed by the Commission

Amendment

 

- The non-member country or international organisation respects democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, protection of religious faith, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

Justification

It is necessary that the non-member states or international organisations have access to the PRS only when they respect the fundamental principles based on the provisions in Chapter I of Title V of the Treaty on European Union, as the PRS should not be misused by non-member states with repressive, totalitarian or authoritarian regimes.

Amendment  18

Proposal for the decision

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall lay down, by means of delegated acts in accordance with Articles 12, 13 and 14, rules relating to the protection of classified information concerning the PRS, in particular those relating to a natural or legal person's need for access to classified information in order to be able to perform a specific function or task. Each Member State shall notify the Commission of the specific provisions it adopts in order to implement this paragraph.

2. The Commission shall lay down, by means of delegated acts in accordance with Articles 12, 13 and 14, rules relating to the protection of classified information concerning the PRS, in particular those relating to a natural or legal person's need for access to classified information in order to be able to perform a specific function or task. Each Member State shall notify the Commission of the specific provisions it adopts in order to implement this paragraph, ensuring a degree of protection at least equivalent to that guaranteed by the Commission's rules on security set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom and by the security regulations of the Council set out in the Annex to Council Decision 2001/264/EC.

Justification

This amendment aims at ensuring a high level protection of classified information at Member State level.

Amendment  19

Proposal for a decision

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. If it emerges that data relating to the PRS have been disclosed to third parties not authorised to receive them, the Commission shall launch an inquiry, inform the Council and the Parliament of the results of its investigations and take appropriate measures to remedy the consequences of the improper disclosure.

3. If it emerges that data relating to the PRS have been disclosed to third parties not authorised to receive them, the Commission shall take appropriate measures to make sure that the breach does not continue and shall:

 

(a) inform the originator;

 

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

 

(c) take appropriate measures to prevent a recurrence; and

 

(d) notify the appropriate authorities of the action taken; and

 

(e) inform the European Parliament and the Council of the results of these actions;

Amendment  20

Proposal for a decision

Article 5 – title

Text proposed by the Commission

Amendment

Penalties

Penalties and administrative measures

Amendment  21

Proposal for a decision

Article 5 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

The Commission shall determine what administrative measures are applicable when the provisions of this Decision are infringed by any of the PRS participants.

Amendment  22

Proposal for a decision

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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

Member States shall determine what penalties and administrative measures are applicable when national provisions enacted pursuant to this Decision are infringed.

Justification

The Member States should be entitled to establish in advance not only penalties on the basis of criminal law, but also measures of administrative nature.

Amendment  23

Proposal for the decision

Article 5 paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

In the case of non-member countries or international organisations, the agreement mentioned in Article 2(7) will provide for appropriate measures in case of infringement.

Amendment  24

Proposal for a decision

Article 5 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

The penalties and administrative measures shall be effective, proportionate and dissuasive. Endangering the security of the system can lead to the withdrawal of access authorisation. When penalties or administrative measures are imposed, the right of appeal for the accused individual or entity shall be guaranteed.

Amendment  25

Proposal for a decision

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. As the operator of the security centre referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008 (hereinafter ‘Security Centre’), the European GNSS Agency may be designated as a Competent PRS Authority by a PRS participant.

4. As the operator of the security centre referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008 (hereinafter ‘Security Centre’), the European GNSS Agency may be designated as a Competent PRS Authority by a PRS participant. The European GNSS Agency acts as the designated Competent PRS Authority for the Council, the Commission and the European Union agencies.

Amendment  26

Proposal for the decision

Article 6 – paragraph 7

Text proposed by the Commission

Amendment

7. The Commission shall, with the help of the Member States and the European GNSS Agency, ensure that the Competent PRS Authorities comply with the minimum common standards, in particular by carrying out audits or inspections.

7. The Commission shall, with the help of the Member States and the European GNSS Agency, ensure that the Competent PRS Authorities comply with the minimum common standards, in particular by carrying out audits or inspections on a regular basis.

Justification

This amendment stresses the need for the control (audit/inspections) to be carried on a regular basis.

Amendment  27

Proposal for a decision

Article 6 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7a. The Competent PRS Authorities shall regularly report about the compliance with the minimum common standards to the Commission and to the European GNSS Agency.

Amendment  28

Proposal for a decision

Article 6 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

 

7b. The Commission shall, with the help of the European GNSS Agency, report every three years on the compliance of the Competent PRS Authorities with the minimum common standards to the European Parliament and the Council, as well as in any case of serious violation of them.

Amendment  29

Proposal for a decision

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Any Member State which uses the PRS may either manufacture PRS receivers and the associated security modules itself, or else assign the task to undertakings established on the territory of a Member State which uses the PRS. The Council or the Commission may assign the task of manufacturing PRS receivers and the associated security modules to a Member State which uses the PRS, or to undertakings established on the territory of a Member State which uses the PRS.

1. Any Member State which has designated a Competent PRS Authority may either manufacture PRS receivers and the associated security modules itself, or else assign the task to undertakings established on the territory of a Member State which has designated a Competent PRS Authority. The Council or the Commission may assign the task of manufacturing PRS receivers and the associated security modules to a Member State which has designated a Competent PRS Authority, or to undertakings established on the territory of a Member State which has designated a Competent PRS Authority.

Amendment  30

Proposal for a decision

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. The authority responsible for approving the security of European satellite navigation systems may at any time withdraw from a body referred to in paragraph 1 the authorisation it has granted to that body to manufacture PRS receivers and the associated security modules if it appears that the measures provided for in paragraph 3 have not been complied with.

5. The authority responsible for approving the security of European satellite navigation systems may at any time withdraw from a body referred to in paragraph 1 the authorisation it has granted to that body to manufacture PRS receivers and the associated security modules if it appears that the measures provided for in paragraph 3 have not been complied with. The decision on withdrawal of authorisation shall be subject to appeal. In the case of endangering the security of system based on the previous, current or potential acts of the bodies referred to in paragraph 1, the appeal procedure has no suspensive effect.

Justification

Due to the standard principles of European law it is essential for any accused individual or entity to have the right of appealing the decision on withdrawal of authorisation, however, such appeal procedure should not have a suspensive effect in case of security reasons.

Amendment  31

Proposal for a decision

Article 8 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. The systems and modules must be flexible in order to meet needs which are constantly increasing over time.

Amendment  32

Proposal for a decision

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

A non-member country on whose territory a reference station housing PRS equipment and forming part of the system derived from the Galileo programme is installed shall not be considered merely by virtue of that fact to be a PRS participant. The Commission shall lay down in conjunction with the non-member country the detailed rules for hosting and operating the reference station housing PRS equipment.

A non-member country on whose territory a reference station housing PRS equipment and forming part of the system derived from the Galileo programme is installed shall not be considered merely by virtue of that fact to be a PRS participant. The Commission shall lay down in conjunction with the non-member country the detailed rules for hosting and operating the reference station housing PRS equipment. These detailed rules shall include the possibility of access to the reference station for control purposes for the appropriate European bodies.

Justification

European control bodies should have guaranteed access to the reference station in non-member states for control purposes.

Amendment  33

Proposal for a decision

Article 11 b (new)

Text proposed by the Commission

Amendment

 

Article 11b

 

Consultations with the GNSS Agency

 

The Commission shall establish the conditions for the European GNSS Agency to be able, in the shortest possible time, to be involved in the decision-making processes on the PRS. The Commission shall consult, when it deems it necessary, the European GNSS Agency on all matters related to the PRS.

Amendment  34

Proposal for a decision

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month.

1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by two months.

Justification

The amendment corrects the extension of time the European Parliament and the Council shall have to object delegated acts, as it was adopted in the second reading of the external financial instruments.

Amendment  35

Proposal for a decision

Annex – point 6

Text proposed by the Commission

Amendment

6. Since any incident affecting the security of the PRS (such as the loss or theft of a receiver) must be notified, each Competent PRS Authority shall implement methods of detecting and rectifying the incident and of reporting it to the Security Centre.

6. Since any event affecting the security of the PRS (such as the loss or theft of a receiver) must be notified, each Competent PRS Authority shall implement methods of detecting and rectifying the event and of reporting it to the Security Centre.

Justification

This amendment is mostly relevant to Czech translation.

[English translator’s note: In the Czech text of the Commission proposal, the first use of the term ‘incident’ in point 6 is preceded by the word ‘unintentional’.] In the light of the fact that theft, which is an intentional criminal act, is mentioned in the list of incidents, the term ‘incident’ [or in Czech ‘unintentional incident’] is not an appropriate expression. With a view also to the other language versions, it would be more appropriate to use the term ‘event’, which is consistent with the rest of the legislative text and covers both intentional and unintentional acts.

PROCEDURE

Title

Detailed rules for access to the public regulated service offered by the global navigation satellite system established under the Galileo programme

References

COM(2010)0550 – C7-0318/2010 – 2010/0282(COD)

Committee responsible

ITRE

Opinion by

       Date announced in plenary

AFET

16.12.2010

 

 

 

Rapporteur

       Date appointed

Maria Eleni Koppa

29.11.2010

 

 

Discussed in committee

6.12.2010

1.2.2011

28.2.2011

 

Date adopted

10.3.2011

 

 

 

Result of final vote

+:

–:

0:

35

5

6

Members present for the final vote

Gabriele Albertini, Frieda Brepoels, Arnaud Danjean, Mário David, Michael Gahler, Andrzej Grzyb, Anna Ibrisagic, Anneli Jäätteenmäki, Ioannis Kasoulides, Maria Eleni Koppa, Andrey Kovatchev, Wolfgang Kreissl-Dörfler, Eduard Kukan, Vytautas Landsbergis, Krzysztof Lisek, Sabine Lösing, Ulrike Lunacek, Mario Mauro, Willy Meyer, Francisco José Millán Mon, Alexander Mirsky, María Muñiz De Urquiza, Raimon Obiols, Pier Antonio Panzeri, Bernd Posselt, Hans-Gert Pöttering, Cristian Dan Preda, José Ignacio Salafranca Sánchez-Neyra, Nikolaos Salavrakos, Ernst Strasser, Hannes Swoboda, Charles Tannock, Geoffrey Van Orden, Graham Watson

Substitute(s) present for the final vote

Charalampos Angourakis, Elisabeth Jeggle, Barbara Lochbihler, Doris Pack, Judith Sargentini, Marietje Schaake, Alf Svensson, Indrek Tarand, Traian Ungureanu

Substitute(s) under Rule 187(2) present for the final vote

Victor Boştinaru, Zuzana Roithová, Tatjana Ždanoka


PROCEDURE

Title

Detailed rules for access to the public regulated service offered by the global navigation satellite system established under the Galileo programme

References

COM(2010)0550 – C7-0318/2010 – 2010/0282(COD)

Date submitted to Parliament

8.10.2010

 

 

 

Committee responsible

       Date announced in plenary

ITRE

19.10.2010

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

AFET

16.12.2010

TRAN

19.10.2010

 

 

Not delivering opinions

       Date of decision

TRAN

26.10.2010

 

 

 

Rapporteur(s)

       Date appointed

Norbert Glante

8.11.2010

 

 

 

Discussed in committee

9.12.2010

26.1.2011

15.3.2011

16.6.2011

Date adopted

30.6.2011

 

 

 

Result of final vote

+:

–:

0:

39

3

4

Members present for the final vote

Jean-Pierre Audy, Ivo Belet, Bendt Bendtsen, Reinhard Bütikofer, Maria Da Graça Carvalho, Pilar del Castillo Vera, Lena Ek, Ioan Enciu, Gaston Franco, Adam Gierek, Fiona Hall, Jacky Hénin, Romana Jordan Cizelj, Krišjānis Kariņš, Lena Kolarska-Bobińska, Béla Kovács, Philippe Lamberts, Bogdan Kazimierz Marcinkiewicz, Marisa Matias, Judith A. Merkies, Jaroslav Paška, Herbert Reul, Teresa Riera Madurell, Michèle Rivasi, Jens Rohde, Paul Rübig, Amalia Sartori, Francisco Sosa Wagner, Konrad Szymański, Britta Thomsen, Patrizia Toia, Ioannis A. Tsoukalas, Claude Turmes, Marita Ulvskog, Vladimir Urutchev, Kathleen Van Brempt, Alejo Vidal-Quadras, Henri Weber

Substitute(s) present for the final vote

Francesco De Angelis, Ilda Figueiredo, Jolanta Emilia Hibner, Ivailo Kalfin, Marian-Jean Marinescu, Vladko Todorov Panayotov, Hannu Takkula, Silvia-Adriana Ţicău

Date tabled

1.7.2011

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