European Parliament resolution of 13 December 2018 with recommendations to the Commission on expedited settlement of commercial disputes (2018/2079(INL))

P8_TA(2018)0519 A8-0396/2018

The European Parliament,

–  having regard to Article 225 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Article 67(4) TFEU and 81(2) TFEU,

–  having regard to Article 19(1) of the Treaty on European Union (TEU) and Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’),

–  having regard to the study from the Directorate General for internal policies entitled ‘Building competence in commercial law in the Member States’,

–  having regard to the 2018 EU Justice Scoreboard,

–  having regard to the 2016 European Judicial Training Network (EJTN) ‘Judicial Training Principles’(1),

–  having regard to the Union acquis in the area of judicial cooperation in civil matters,

–  having regard to Rules 46 and 52 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0396/2018),

A.  whereas the right to a fair and public hearing within a reasonable time, as enshrined in Article 47 of the Charter and in Article 6 of the European Convention on Human Rights, constitutes one of the fundamental guarantees of the rule of law and of democracy and is an intrinsic part of civil proceedings as a whole;

B.  whereas the introduction of a European Expedited Civil Procedure could contribute to the modernisation of national proceedings, a level playing field for businesses and increased economic growth thanks to effective and efficient judicial systems, while at the same time facilitating access to justice in the Union and helping to uphold the fundamental freedoms of the Union;

C.  Whereas the 2018 Justice Scoreboard showed that the availability of legal aid and the level of court fees have a key impact on access to justice, in particular for citizens in poverty;

D.  whereas judicial cooperation has been promoted, supported and encouraged by several procedural acts of secondary law of the Union, including the Small Claims Regulation, the Legal Aid Directive, the Regulation on taking of evidence and the Regulation on service of documents;

E.  whereas the goals of judicial cooperation between Member States are, inter alia, to ensure the full respect of the right to effective remedy and a fair trial in cross-border cases, to guarantee effective and smooth judicial procedures also in those situations and to establish mutual trust in judiciary systems, which is the basis for further mutual recognition of judgments across the Union;

F.  whereas many issues with regard to procedural law in the area of civil justice are regulated at the national level, thus procedural law in this area differs from one Member State to another, which is in line with principle of subsidiarity and proportionality; whereas an accelerated procedure could lead to the necessary approximation of procedural regimes in the Union;

G.  whereas it is necessary to step up enhanced cooperation between the Member State authorities and judicial systems at Union level, with a view to removing any obstacles that might arise from incompatibilities between different judicial and administrative systems;

H.  whereas the Brussels I Regulation sets basic rules on jurisdiction, recognition and enforcement of civil and commercial cross-border matters in the Union; whereas the recast version, which applies from 2015 (Brussels Ia), introduced a number of key adjustments for the resolution of EU cross-border disputes, saving time and money for businesses and individuals;

I.  whereas the Rome I Regulation lays down rules on law applicable to civil and commercial contractual obligations;

J.  whereas procedural rules should guarantee both protection of the rights of the parties and speedy settlement of disputes;

K.  whereas settlement of commercial matters in public courts in the Member States is, in general, slow and fails to meet the expectations of parties involved in commercial disputes, a fact that is accentuated by the introduction of the European small claims procedure, which has, by contrast, led to substantially faster settlement of consumer disputes; and whereas proper use of Information and Communication Technologies in courts contributes to speeding up proceedings and to reducing costs.

L.  whereas the slow settlement of commercial disputes in the Union might lead commercial parties to seek alternative dispute settlement, or dispute settlement in non-member States and choose to apply the national law of a non-member State to contracts;

M.  whereas high quality settlement of commercial disputes depends on a high level of competence and experience in these matters in courts, among judges and lawyers and legal practitioners;

N.  whereas the availability of a rapid and cost-effective fast-track procedure supported by highly experienced and competent judges and lawyers in the Member States would make a decision to choose the national law of a Member State more likely and as a consequence enrich the competence in civil and commercial matters in the Member States;

O.  whereas it seems necessary to find a suitable solution as regards the different language regimes which could consist of harmonised forms, available in all the official languages of the Union;

P.  whereas courts and chambers specialised in commercial matters will guarantee a higher level of competence and independence in such matters and thereby attract such cases to the courts of the Member States;

1.  Notes that the settlement of commercial matters is far slower than it could be, taking on average between three and four years and that this leads to substantial losses for business, and not only in economic terms but also as regards time, energy and other resources that could be diverted for other opportunities;

2.  Stresses the need to ensure the full respect of the right of the parties to an effective remedy and to a fair trial, as established in the Charter of Fundamental Rights of the European Union, and to guarantee the high quality of judicial proceedings in commercial matters;

3.  Highlights the successful implementation of the European small claims procedure (ESCP), which provided a way of solving consumer and other cross-border disputes regarding small amounts within the Union in a swift and cost-effective way while upholding protection for the rights of the parties;

4.  Emphasises that mutual trust is a complex notion and that many factors play a role in building that trust, such as judicial education and upskilling, cross-border judicial cooperation and exchange of experience and best practices between judges;

5.  Stresses that, with regard to fair trial and access to justice, cooperation networks and databases enhancing judicial cooperation and exchange of information should be maintained and further expanded, including the European Judicial Network and the European e-Justice Portal, which is to become a one-stop-shop in the area of justice in the Union;

6.  Contends that the adoption of a regulation similar to the ESCP, the European Expedited Civil Procedure (EECP) applicable to cross-border commercial disputes would be the best way to address the long waiting times for commercial disputes in the Union, possibly making great savings for European businesses and mobilising unused capital;

7.  Contends that commercial parties will be better placed to pay for representation and prepare for a court case which means that they have better prospects of protecting their rights, which would allow for a faster procedure;

8.  Observes that such a procedure could build on requirements for thorough preparations by the parties before the procedure is launched, strict deadlines, few possibilities to add facts or evidence during the process and no separate appeal to procedural decisions, thus achieving a fast-track procedure;

9.  Is of the opinion that such a strict procedural system is compatible with the protection of the rights of the parties on condition that the EECP should be voluntary and should only apply:

10.  Believes that the EECP should in any case be valid only where the parties have been duly informed in advance of the consequences of consenting to use such a procedure; considers that the costs of the EECP should not be excessive for the parties, in order to guarantee the respect of the right of access to justice;

11.  Stresses that parties to a dispute often only reach an amicable resolution when the circumstances and arguments are fully developed, which means that in a procedural system that required the parties to investigate the circumstances and develop their arguments further before going to court, more disputes would be resolved amicably at an earlier stage;

12.  Observes that the aim to provide expedited and more cost-effective settlement of commercial disputes in the Union cannot be achieved solely through the introduction of a harmonised fast-track procedural system; to this aim, courts, judges, lawyers and legal practitioners that are highly proficient and experienced in commercial law and private international law would be needed in order to make such a procedural system efficient;

13.  Emphasises that the current distribution in choice of law in commercial contracts between the different European jurisdictions is not equal across Member States;

14.  Observes that choices of applicable law often are based on complex considerations, but that the combination of a foreign law and court often exposes a party to substantial economic risks, and that such provisions are specifically questionable if agreed as part of standard contracts or in situations where one of the parties has little or no chance of influencing the agreement in that respect;

15.  Understands that language barriers could be an additional obstacle and thus another reason for choosing one law over another to be applicable;

16.  Underlines that the availability of uniform standard forms, available in all the official languages of the Union, would facilitate access to the EECP;

17.  Suggests, that in order to ensure uniform standard forms, implementing powers should be conferred on the Commission, exercised in accordance with the Inter-institutional Agreement of 13 April 2016 on Better Law-Making;

18.  Calls on the Commission to assess the need to review the Rome I, Rome II and Brussels Ia Regulations in order to strengthen the connection between the aim and subject matter of contracts and the law chosen while at the same time to ensure that the weaker parties in business-to-business relations and contracts are protected, and to preserve the autonomy of the parties in relation to the choice of law;

19.  Emphasises that legislative measures cannot address these issues alone, practical measures to raise the expertise both of courts and of lawyers are also necessary, such as improved training in commercial matters and better access to Union law and the national law of the Member States, in particular case law;

20.  Observes that commercial law and private international law are areas less codified than other areas of law, which means that there is a more important role for academic research, thus one of the measures to strengthen competence in commercial matters in the Member States is to make more resources available for research in this field;

21.  Welcomes therefore the EJTN’s nine judicial training principles adopted at its 2016 General Assembly, in that they provide a common foundation and framework for Europe’s judiciary and judicial training institutions alike;

22.  Stresses that also the quality of the law applicable to commercial matters and the degree to which it is well adapted to the practices and developments in the commercial sector is of great importance;

23.  Pursuant to Article 225 TFEU, requests therefore the Commission to submit by 1 January 2020, on the basis of Article 81(2) TFEU, a proposal for a legislative act on a European Expedited Civil Procedure and, in accordance with the recommendations set out in the Annex hereto, following the assessment of the Commission of the need for such a review, a possible proposal for amendments to the Rome I and Rome II and Brussels Ia Regulations;

24.  Invites the Commission and the Member States to supplement these proposals with other supporting measures aimed at raising the expertise in the Member States in commercial law and international private law.

25.  Confirms that the recommendations annexed to this resolution respect fundamental rights, the principle of national procedural autonomy and the principles of subsidiarity and proportionality;

26.  Considers that any financial implications of the proposal, in particular the costs of proceedings brought under the EECP, would be offset by equivalent savings, as the EEPC is likely to be substantially more cost-effective than the ordinary procedures of the Member States and given that the disputes in question would not be brought under the general procedural system of the Member State in question;

27.  Emphasises that commercial law is only one of the areas in which further actions at Union level are needed to ensure better access to justice, higher quality of proceedings, stronger safeguards for the parties and quicker settlement of disputes;

28.  Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council, and to the parliaments and governments of the Member States.

ANNEX TO THE RESOLUTION:

RECOMMENDATIONS FOR MEASURES TO INTRODUCE AND SUPPORT A EUROPEAN EXPEDITED CIVIL PROCEDURE

PRINCIPLES AND AIMS OF THE PROPOSALS REQUESTED

I.  European Expedited Civil Procedure

The main aim of the following proposal is to introduce a voluntary European Expedited Civil Procedure in order to provide European companies a possibility to reach a settlement of purely commercial business-to-business disputes of a cross-border nature within a reasonable time frame.

A European Expedited Civil Procedure could build on the following principles:

1.  It should apply to cross-border commercial disputes to which the European Small Claims Procedure does not apply;

2.  It should apply if the parties so agree after the dispute arises or if the claimant launches a claim under the procedure and the defendant accepts it;

3.  It should apply only if the parties have been duly informed in advance of the consequences of consenting to use this procedure;

4.  It should require the parties to prepare their claims to a high degree before going to court; paired with early preclusion of the possibility to raise new facts or new evidence in court;

5.  It should not allow separate appeal against procedural decisions;

6.  It could in principle be a written procedure, allowing for oral hearings where at least one of the parties so request;

7.  It should, as a starting point, apply very short deadlines to the procedure, allowing the court, in agreement with the parties, to apply longer deadlines in cases of higher complexity;

8.  Encourage in- and out-of-court amicable settlement of cross-border commercial disputes, including by way of mediation;

9.  Encourage the use of modern technologies for the purpose of oral hearings, taking of evidence and service of documents;

10.  The costs of the procedure should be limited, in order to guarantee the respect of the right of access to justice;

11.  Allow for recognition and enforcement of the final judgment under the procedure in the simplest and most user-friendly way available under Union law.

II.  Possible changes to Rome I, Rome II and Brussels Ia Regulations

The proposal on European Expedited Civil Procedure could be supported by a proposal to amend the Rome I and Rome II and Brussels Ia Regulations to achieve a stronger connection between the purpose and aim of agreements and the law chosen within the Union also to afford the parties to purely commercial contracts further autonomy while ensuring the protection of the weaker parties in business-to-business relations.

Amendments to the Rome I Regulation could include:

1.  Consideration of reinforcement of the connection between the law chosen and the content, aim and purpose of the contract and of the parties;

2.  Reconsideration of the rules applicable to the validity of a choice of law, this ought to be considered under the default law applicable to the contract.

III.  Other measures to build competence in commercial matters in Member States

1.  These proposals ought to be further supported by actions by the Commission and the Member States to build competence in commercial matters, such as:

a)  training of judges and lawyers and legal practitioners in commercial matters;

b)  simplified and enhanced access to Union and Member States’ national law, including jurisprudence;

c)  further focus on commercial law and international private law in legal education;

d)  additional resources to academic research in the fields of commercial law and international private law; and

e)  the mastering of a foreign language and its legal terminology.

2.  Furthermore, Member States are invited to ensure that courts applying the European Expedited Civil Procedure possess specific competence in the field of commercial law, for example by designating or reinforcing existing commercial courts or chambers.

3.  In addition, the Commission is invited to further study the possibility to establish a European Commercial Court to supplement the courts of the Member States and offer litigants an additional, international forum specialised in settlement of commercial disputes.

4.  As a final measure, Member States are invited to consider reviewing their laws applicable to commercial matters in business-to-business situations, as one of the important factors for choice of law is how well the effectiveness and the quality of the commercial law of a country.

(1) http://www.ejtn.eu/PageFiles/15756/Judicial%20Training%20Principles_EN.pdf

Amendments adopted by the European Parliament on 13 December 2018 on the proposal for a regulation of the European Parliament and of the Council establishing the space programme of the Union and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013, (EU) No 377/2014 and Decision 541/2014/EU (COM(2018)0447 – C8-0258/2018 – 2018/0236(COD))(1)

P8_TA(2018)0520 A8-0405/2018

(Ordinary legislative procedure: first reading)

Draft legislative resolution   Amendment Amendment 1 Draft legislative resolution Citation 5 a (new) –   having regard to the Commission communication of 14 September 2016 entitled ‘Connectivity for a Competitive Digital Single Market – Towards a European Gigabit Society’ (COM(2016)0587) and the accompanying Commission staff working document (SWD(2016)0300), Amendment 2 Draft legislative resolution Citation 5 b (new) –   having regard to the Commission communication of 14 September 2016 entitled ‘5G for Europe: An Action Plan’ (COM(2016)0588) and the accompanying Commission staff working document (SWD(2016)0306), Amendment 3 Proposal for a regulation Recital 1 (1)  Space technology, data and services have become indispensable in the daily lives of Europeans and play an essential role in preserving many strategic interests. The Union’s space industry is already one of the most competitive in the world. However, the emergence of new players and the development of new technologies are revolutionising traditional industrial models. It is therefore crucial that the Union remains a leading international player with extensive freedom of action in the space domain, that it encourages scientific and technical progress and support the competitiveness and innovation capacity of space sector industries within the Union, in particular small and medium-sized enterprises, start-ups and innovative businesses. (1)  Space technology, data and services have become indispensable in the daily lives of Europeans and play an essential role in preserving many strategic interests. The Union’s space industry is already one of the most competitive in the world. However, the emergence of new players and the development of new technologies are revolutionising traditional industrial models. It is therefore crucial that the Union remains a leading international player with extensive freedom of action in the space domain, that it encourages scientific and technical progress and support the competitiveness and innovation capacity of space sector industries within the Union, in particular small and medium-sized enterprises, start-ups and innovative businesses. At the same time, it is important to create the appropriate conditions to ensure a global level playing field for companies active in the space sector. Amendment 4 Proposal for a regulation Recital 2 (2)  The space sector’s development has historically been linked to security. In many cases, the equipment, components and instruments used in the space sector are dual-use goods. The possibilities that space offers for the security of the Union and its Member States should therefore be exploited. (2)  The space sector’s development has historically been linked to security. In many cases, the equipment, components and instruments used in the space sector are dual-use goods. The possibilities that space and autonomous access to space offers for the security and independence of the Union and its Member States should therefore be exploited. Amendment 5 Proposal for a regulation Recital 3 (3)  The Union has been developing its own space initiatives and programmes since the end of the 1990s, namely the European Geostationary Navigation Overlay Service (EGNOS) and then Galileo and Copernicus, which respond to the needs of Union citizens and the requirements of public policies. Not only should the continuity of those initiatives be ensured but they must also be improved, so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains, meet the new needs of users and are able to meet political priorities such as climate change, including monitoring changes in the Artic, security and defence. (3)  The Union has been developing its own space initiatives and programmes since the end of the 1990s, namely the European Geostationary Navigation Overlay Service (EGNOS) and then Galileo and Copernicus, which respond to the needs of Union citizens and the requirements of public policies. The continuity of those initiatives, as well as their uptake and use, should be ensured and must also be improved, so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains, meet the new needs of users and are able to meet political priorities. The Programme should promote space-based services also so that all Member States and their citizens can fully reap the benefits of the Programme. Amendment 6 Proposal for a regulation Recital 4 (4)  The Union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely. It is therefore essential that it maintains autonomous, reliable and cost-effective access to space, especially as regards critical infrastructure and technology, public security and the security of the Union and its Member States. The Commission should therefore have the possibility to aggregate launch services at European level, both for its own needs and, at their request, for those of other entities, including Member States, in conformity with the provisions of Article 189(2) of the Treaty. It is also crucial that the Union continues to have modern, efficient and flexible launch infrastructure facilities. In addition to measures taken by Member States and the European Space Agency, the Commission should consider ways to support such facilities. In particular, where space ground infrastructure necessary to perform launches in line with the needs of the Programme is to be maintained or upgraded, it should be possible to partially fund such adaptations under the Programme, in line with the Financial Regulation and where a clear EU value added can be established, with the view of achieving a better cost efficiency for the Programme. (4)  The Union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely. It is therefore essential that it maintains autonomous, reliable and cost-effective access to space, including alternative launching technologies and innovative systems or services, especially as regards critical infrastructure and technology, public security and the security of the Union and its Member States. The Commission should therefore have the possibility to aggregate launch services at European level, both for its own needs and, at their request, for those of other entities, including Member States, in conformity with the provisions of Article 189(2) of the Treaty. It is also crucial that the Union continues to have modern, efficient and flexible launch infrastructure facilities. In addition to measures taken by Member States and the European Space Agency, the Commission should consider ways to support such facilities. In particular, where space ground infrastructure necessary to perform launches in line with the needs of the Programme is to be maintained or upgraded, it should be possible to partially fund such adaptations under the Programme, in line with the Financial Regulation and where a clear EU value added can be established, with the view of achieving a better cost efficiency for the Programme. Amendment 7 Proposal for a regulation Recital 5 (5)  To strengthen the competitiveness of the Union space industry and gain capacities in designing, building and operating its own systems, the Union should support the creation, growth, and development of the entire space industry. The emergence of a business- and innovation-friendly model should be supported at European, regional and national levels by establishing space hubs that bring together the space, digital and user sectors. The Union should foster the expansion of Union-based space companies to help them succeed, including by supporting them in accessing risk finance in view of the lack, within the Union, of appropriate access to private equity for space start-ups and by creating innovation partnerships (first contract approach). (5)  To strengthen the competitiveness of the Union space industry and gain capacities in designing, building and operating its own systems, the Union should support the creation, growth, and development of the entire space industry. The emergence of a business- and innovation-friendly model should be supported at European, regional and national levels by initiatives such as space hubs that bring together the space, digital and user sectors. Space hubs should work in cooperation with the digital innovation hubs to foster entrepreneurship and skills. The Union should foster the creation and expansion of Union-based space companies to help them succeed, including by supporting them in accessing risk finance in view of the lack, within the Union, of appropriate access to private equity for space start-ups and by creating innovation partnerships (first contract approach). Amendment 8 Proposal for a regulation Recital 6 (6)  Owing to its coverage and its potential to help resolve global challenges, the space programme of the Union ('Programme') has a strong international dimension. The Commission should therefore be enabled to manage, on behalf of the Union, and coordinate activities on the international scene on behalf of the Union, in particular to defend the interests of the Union and its Member States in international fora, including in the area of frequencies, to promote the Union's technology and industry, and to encourage cooperation in the field of training, bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties. It is particularly important that the Union be represented by the Commission in the bodies of the International Cospas-Sarsat Programme or in relevant sectoral UN bodies including the Food and Agriculture Organisation, as well as the World Meteorological Organisation. (6)  Owing to its coverage and its potential to help resolve global challenges, the space programme of the Union ('Programme') has a strong international dimension. The Commission should therefore be enabled to manage, on behalf of the Union, and coordinate activities on the international scene on behalf of the Union, in particular to defend the interests of the Union and its Member States in international fora, including in the area of frequencies. The Commission should strengthen economic diplomacy to promote the Union's technology and industry, and to encourage cooperation in the field of training, bearing in mind the need to ensure the reciprocity of the rights and obligations of the parties and fair competition at international level. It is particularly important that the Union be represented by the Commission in the bodies of the International Cospas-Sarsat Programme or in relevant sectoral UN bodies including the Food and Agriculture Organisation, as well as the World Meteorological Organisation. Amendment 9 Proposal for a regulation Recital 7 (7)  The Commission should promote, alongside the Member States and the High Representative, responsible behaviour in space and outer space and explore the possibility for accession to the relevant UN Conventions. (7)  The Commission should promote, alongside the Member States and the High Representative, responsible behaviour in space and outer space, in particular in finding solutions against the space debris proliferation and explore the possibility for accession to the relevant UN Conventions, including the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the Outer Space Treaty). Amendment 10 Proposal for a regulation Recital 8 (8)  The Programme shares similar objectives with other Union programmes, notably Horizon Europe, InvestEU Fund, European Defence Fund and Funds under Regulation (EU) [Common Provisions Regulation]. Therefore, cumulative funding from those programmes should be foreseen, provided they do cover the same cost items, in particular through arrangements for complementary funding from Union programmes where management modalities permit - either in sequence, in an alternating way, or through the combination of funds including for the joint funding of actions, allowing, where possible, innovation partnerships and blending operations. During the implementation of the Programme, the Commission should therefore promote synergies with other related Union programmes which would allow, where possible, use of access to risk finance, innovation partnerships, cumulative or blended funding. (8)  The Programme shares similar objectives with other Union programmes, notably Horizon Europe, InvestEU Fund, European Defence Fund and Funds under Regulation (EU) [Common Provisions Regulation]. Therefore, cumulative funding from those programmes should be foreseen, provided they do cover the same costs, in particular through arrangements for complementary funding from Union programmes where management modalities permit - either in sequence, in an alternating way, or through the combination of funds including for the joint funding of actions, allowing, where possible, innovation partnerships and blending operations. During the implementation of the Programme, the Commission should therefore promote synergies with other related Union programmes which would allow, where possible, use of access to risk finance, innovation partnerships, cumulative or blended funding. It is important to ensure continuity between the solutions developed through Horizon Europe and other Union programmes and the components of the Programme. Amendment 11 Proposal for a regulation Recital 10 a (new) (10 a)  Around 200 000 professionals are employed in the Union space sector. Therefore, it is essential to continue developing the state-of-the-art infrastructure of that sector and thereby stimulate upstream and downstream economic activities. In addition, to ensure the competitiveness of the European space industry in the future, the Programme should support the development of advanced skills in space-related fields and support education and training activities, with a special focus on girls and women, in order to realise the full potential of Union citizens in that area. Amendment 12 Proposal for a regulation Recital 13 a (new) (13a)   The Programme should exploit the synergies between the space and transport sectors, taking into consideration that space technologies play a strategic role in making land, maritime, air and space transport smarter, more efficient, safer, more secure, sustainable and integrated and at the same time a growing, innovative transport sector will increase the request of innovative and up-to-date space technologies. Amendment 13 Proposal for a regulation Recital 14 (14)  Any revenue generated by the Programme should accrue to the Union in order to partially offset the investments that it has already made, and that revenue should be used to support the objectives of the Programme. For the same reason, it should be possible to provide for a revenue-sharing mechanism in contracts concluded with private sector entities. (14)  Revenue generated by the components of the Programme should accrue to the Union in order to partially offset the investments that it has already made, and that revenue should be used to support the achievement of the objectives of the Programme. For the same reason, it should be possible to provide for a revenue-sharing mechanism in contracts concluded with private sector entities. Amendment 14 Proposal for a regulation Recital 16 (16)  The Programme relies on complex and constantly changing technologies. The reliance on such technologies results in uncertainty and risk for public contracts concluded under this programme, insofar as those contracts involve long-term commitments to equipment or services. Specific measures concerning public contracts are therefore required in addition to the rules laid down in the Financial Regulation. It should thus be possible to award a contract in the form of a conditional stage-payment contract, introduce an amendment, under certain conditions, in the context of its performance, or impose a minimum level of subcontracting. Lastly, given the technological uncertainties that characterise the components of the Programme, contract prices cannot always be forecast accurately and it should therefore be possible to conclude contracts without stipulating a firm fixed price and to include clauses to safeguard the financial interests of the Union. (16)  The Programme relies on complex and constantly changing technologies. The reliance on such technologies results in uncertainty and risk for public contracts concluded under this programme, insofar as those contracts involve long-term commitments to equipment or services. Specific measures concerning public contracts are therefore required in addition to the rules laid down in the Financial Regulation. It should thus be possible to award a contract in the form of a conditional stage-payment contract, introduce an amendment, under certain conditions, in the context of its performance, or impose a minimum level of subcontracting, in particular to small and medium-sized enterprises and start-ups. Lastly, given the technological uncertainties that characterise the components of the Programme, contract prices cannot always be forecast accurately and it should therefore be possible to conclude contracts without stipulating a firm fixed price and to include clauses to safeguard the financial interests of the Union. Amendment 15 Proposal for a regulation Recital 25 (25)  Sound public governance of the Programme requires the strict distribution of responsibilities and tasks among the different entities involved to avoid duplication and reduce cost overruns and delays. (25)  Sound public governance of the Programme requires the strict distribution of responsibilities and tasks among the different entities involved to avoid duplication and reduce cost overruns and delays, and should aim to prioritise the use of existing European infrastructure and developing the European professional and industrial sectors. Amendment 16 Proposal for a regulation Recital 25 a (new) (25a)  The Space Programmes are user-driven and therefore require the continuous, effective involvement of users' representatives for their implementation and development. Amendment 17 Proposal for a regulation Recital 26 (26)  Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They can therefore make a big contribution the Programme, especially its implementation, and should be required to cooperate fully with the Union to promote the Programme’s services and applications. The Commission should be able to mobilise the means at Member States' disposal, might entrust the Member States with non-regulatory tasks in the execution of the Programme and benefit from their assistance. Moreover, the Member States concerned should take all necessary measures to ensure the protection of the ground stations established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and protected to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme15 . (26)  Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They can therefore make a big contribution to the Programme, especially to its implementation, and should be required to cooperate fully with the Union to promote the Programme’s services and applications. The Commission should be able to mobilise the means at Member States' disposal, might entrust the Member States with non-regulatory tasks in the execution of the Programme and benefit from their assistance. Moreover, the Member States concerned should take all necessary measures to ensure the protection of the ground stations established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and have adequate protection to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme15 . __________________ __________________ 15 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). 15 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). Amendment 18 Proposal for a regulation Recital 27 (27)  As promoter of the Union’s general interest, it falls to the Commission to implement the Programme, assume overall responsibility and promote their use. In order to optimise the resources and competences of the various stakeholders, the Commission should be able to delegate certain tasks. Moreover the Commission is the best placed to determine the main technical and operational specifications necessary to implement systems and services evolution. (27)  As promoter of the Union’s general interest, it falls to the Commission to supervise the implementation of the Programme, assume overall responsibility and promote their use. In order to optimise the resources and competences of the various stakeholders, the Commission should be able to delegate certain tasks. Moreover the Commission is the best placed to determine the main requirements necessary to implement systems and services evolution. Amendment 19 Proposal for a regulation Recital 28 (28)  The mission of the European Union Agency for the Space Programme ("the Agency"), which replaces and succeeds the European GNSS Agency established by Regulation (EU) No 912/2010, is to contribute to the Programme, particularly as regards security. Certain tasks linked to the security and promotion of the Programme should therefore be assigned to the Agency. In relation to security in particular, and given its experience in this area, the Agency should be responsible for the security accreditation tasks for all the Union actions in the space sector. Furthermore, it should perform the tasks which the Commission confers on it by means of one or more contribution agreements covering various other specific tasks associated with the programme. (28)  The mission of the European Union Agency for the Space Programme ("the Agency"), which replaces and succeeds the European GNSS Agency established by Regulation (EU) No 912/2010, is to contribute to the Programme, particularly as regards security, cybersecurity and promotion of the services and the downstream sector. Tasks linked to those areas should therefore be assigned to the Agency. In relation to security in particular, and given its experience in this area, the Agency should be responsible for the security accreditation tasks for all the Union actions in the space sector. Building on its positive track record in promoting the user and market uptake of Galileo and EGNOS and with a view to promoting the programmes as a package, the Agency should also be entrusted with undertaking promotional and commercialisation activities for Copernicus. Furthermore, it should perform the tasks which the Commission confers on it by means of one or more contribution agreements covering various other specific tasks associated with the programme. Amendment 20 Proposal for a regulation Recital 29 (29)  The European Space Agency is an international organisation with extensive expertise in the space domain and which entered into a Framework Agreement with the European Community in 2004. It is therefore an important partner in the implementation of the Programme, with which any appropriate relations should be established. In this regard, and in compliance with the Financial Regulation, it is important to conclude a financial framework partnership agreement with the European Space Agency that governs all financial relations between the Commission, the Agency and the European Space Agency and ensures their consistency and conform to the Framework Agreement with the European Space Agency, in particular with Article 5 thereof. However, as the European Space Agency is not a Union body and is not subject to Union law, it is essential, in order to protect the interests of the Union and its Member States, that such an agreement be conditional on the introduction of appropriate operating rules in the European Space Agency. The agreement should also contain all the clauses necessary to safeguard the Union’s financial interests. (29)  The European Space Agency is an international organisation with extensive expertise in the space domain and which entered into a Framework Agreement with the European Community in 2004. It is therefore an important partner in the implementation of the Programme, with which any appropriate relations should be established. In this regard, and in compliance with the Financial Regulation, it is important to conclude a financial framework partnership agreement with the European Space Agency that governs all financial relations between the Commission, the Agency and the European Space Agency and ensures their consistency and conform to the Framework Agreement with the European Space Agency, in particular with Article 5 thereof. As the European Space Agency is not a Union body and is not subject to Union law, it is essential that such an agreement contains adequate requirements regarding operating rules at the European Space Agency in order to protect the interests of the Union and its Member States. The agreement should also contain all the clauses necessary to safeguard the Union’s financial interests. Amendment 21 Proposal for a regulation Recital 31 (31)  To structurally embed the user representation in the governance of GOVSATCOM and to aggregate user needs and requirements across national and civil-military boundaries, the relevant Union entities with close user-ties, such as the European Defence Agency, the European Border and Coast Guard Agency, the European Maritime Safety Agency, the European Fisheries Control Agency, the European Union Agency for Law Enforcement Cooperation, the Military Planning and Conduct Capability/ Civilian Planning and Conduct Capability and the Emergency Response Coordination Centre should have coordinating roles for specific user groups. At an aggregated level the Agency and the European Defence Agency should respectively represent the civilian and military user communities and may monitor operational use, demand, conformance to requirements and evolving needs and requirements. (31)  To structurally embed the user representation in the governance of GOVSATCOM and to aggregate user needs and requirements across national boundaries, the relevant Union entities with close user-ties, such as the European Border and Coast Guard Agency, the European Maritime Safety Agency, the European Fisheries Control Agency, the European Union Agency for Law Enforcement Cooperation, the Civilian Planning and Conduct Capability and the Emergency Response Coordination Centre should have coordinating roles for specific user groups. At an aggregated level the Agency should represent the user community and may monitor operational use, demand, conformance to requirements and evolving needs and requirements. Amendment 22 Proposal for a regulation Recital 36 (36)  To ensure the secure circulation of information, appropriate rules should be established to ensure equivalence of security rules for the different public and private entities, as well as natural persons, involved in the implementation of the Programme. (36)  To ensure the secure circulation of information, appropriate rules should be established to ensure equivalence of security rules for the different public and private entities, as well as natural persons, involved in the implementation of the Programme, with the establishment of several levels of access to information and, implicitly, security of access to information. Amendment 23 Proposal for a regulation Recital 36 a (new) (36a)  The cyber security of European space infrastructures, both ground and space, is key to ensuring the continuity of the operations of the systems, and their effective ability to carry out the tasks continuously and to provide the services required. Amendment 24 Proposal for a regulation Recital 38 (38)  A growing number of key economic sectors, in particular transport, telecommunications, agriculture and energy, increasingly use satellite navigation systems, not to mention the synergies with activities linked to the security and defence of the Union and its Member States. Having full control of satellite navigation should therefore guarantee the Union's technological independence, including in the longer term for the components of infrastructure equipment, and ensure its strategic autonomy. (38)  A growing number of key economic sectors, in particular transport, telecommunications, agriculture and energy, increasingly use satellite navigation systems. Satellite navigation also plays a role in the context of the security of the Union and its Member States. Having full control of satellite navigation should therefore guarantee the Union's technological independence, including in the longer term for the components of infrastructure equipment, and ensure its strategic autonomy. Amendment 25 Proposal for a regulation Recital 40 (40)  The aim of EGNOS is to improve the quality of open signals from existing global navigation satellite systems, in particular those emitted by the Galileo system. The services provided by EGNOS should cover, as a priority, the Member States’ territories geographically located in Europe, including for this purpose the Azores, the Canary Islands and Madeira, with the aim to cover those territories by the end of 2025. Subject to technical feasibility and, for the safety of life, on the basis of international agreements, the geographical coverage of the services provided by EGNOS could be extended to other regions of the world. Without prejudice to Regulation [2018/XXXX] [EASA Regulation] and the necessary monitoring of Galileo service quality for aviation purposes, it should be noted that while the signals emitted by Galileo may effectively be used to facilitate the positioning of aircraft, only local or regional augmentation systems such as EGNOS in Europe may constitute air-traffic management (ATM) services and air navigation services (ANS). (40)  The aim of EGNOS is to improve the quality of open signals from existing global navigation satellite systems, in particular those emitted by the Galileo system. The services provided by EGNOS should cover, as a priority, the Member States’ territories geographically located in Europe, including for this purpose the Azores, the Canary Islands and Madeira, with the aim to cover those territories by the end of 2025. Subject to technical feasibility and, for the safety of life, on the basis of international agreements, the geographical coverage of the services provided by EGNOS could be extended to other regions of the world. Without prejudice to Regulation (EU) 2018/1139 of the European Parliament and of the Council 1a and the necessary monitoring of Galileo service quality and safety performance for aviation purposes, it should be noted that while the signals emitted by Galileo may effectively be used to facilitate the positioning of aircraft, only local or regional augmentation systems such as EGNOS in Europe may constitute air-traffic management (ATM) services and air navigation services (ANS). _________________ 1a Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) Amendment 26 Proposal for a regulation Recital 40 a (new) (40a)   EGNOS can assist precision agriculture and help European farmers to eliminate waste, decrease over-application of fertilisers and herbicides, and optimise crop yields. EGNOS already has an important “user community”, but the number of farming machinery compatible with navigation technology is more limited. That issue should be tackled. Amendment 27 Proposal for a regulation Recital 41 (41)  It is imperative that the continuity, sustainability and future availability of the services provided by the Galileo and EGNOS systems be ensured. In a changing environment and rapidly developing market, their development should also continue and new generations of these systems should be prepared. (41)  It is imperative that the continuity, sustainability, security, reliability, accuracy and future availability of the services provided by the Galileo and EGNOS systems be ensured. In a changing environment and rapidly developing market, their development should also continue and new generations of these systems should be prepared. Amendment 28 Proposal for a regulation Recital 44 a (new) (44a)    In order to support the exploitation of the services provided by Galileo and EGNOS and to support downstream services, in particular in the transport sector, the competent authorities should develop, common standards and certifications at international level.  Amendment 29 Proposal for a regulation Recital 45 (45)  Considering the importance for Galileo and EGNOS of their ground-based infrastructure and the impact thereof on their security, the determination of the location of the infrastructure should made by the Commission. The deployment of the ground-based infrastructure of the systems should continue to follow an open and transparent process. deleted Amendment 30 Proposal for a regulation Recital 46 (46)  To maximise the socio-economic benefits of Galileo and EGNOS, notably in the area of security, the use of the services provided by EGNOS and Galileo in other Union policies should be promoted where this is justified and beneficial. (46)  To maximise the socio-economic benefits of Galileo and EGNOS, notably in the area of security, the use of the services provided by EGNOS and Galileo should be mainstreamed, where possible, in other Union policies. Measures to encourage the use of those services in all Member States are also an important stage in the process. Amendment 31 Proposal for a regulation Recital 47 (47)  Copernicus should ensure an autonomous access to environmental knowledge and key technologies for Earth observation and geo-information services, thereby enabling the Union to achieve independent decision-making and actions in the fields of the environment, climate change, civil protection, security, as well as the digital economy, among others. (47)  Copernicus should ensure an autonomous access to environmental knowledge and key technologies for Earth observation and geo-information services, thereby enabling the Union to achieve independent decision-making and actions in the fields of the environment, including agriculture, biodiversity, land use, forestry, rural development and fisheries, climate change, cultural heritage sites, civil protection, security, including of infrastructures, as well as the digital economy, among others. Amendment 32 Proposal for a regulation Recital 48 (48)  Copernicus should build on and ensure continuity with the activities and achievements under Regulation (EU) No 377/2014 of the European Parliament and of the Council17 establishing the Union Earth observation and monitoring programme (Copernicus) as well as Regulation (EU) No 911/2010 of the European Parliament and of the Council on the European Earth monitoring programme (GMES) and its initial operations18 establishing the predecessor Global Monitoring for Environment and Security (GMES) programme and the rules for implementation of its initial operations, taking into account recent trends in research, technological advances and innovations impacting the Earth observation domain, as well as developments in big data analytics and Artificial Intelligence and related strategies and initiatives at Union level19 . To the greatest extent possible, it should make use of capacities for space-borne observations of the Member States, the European Space Agency, EUMETSAT20 , as well as other entities, including commercial initiatives in Europe, thereby also contributing to the development of a viable commercial space sector in Europe. Where feasible and appropriate, it should also make use of the available in situ and ancillary data provided mainly by the Member States in accordance with Directive 2007/2/EC21 . The Commission should work together with the Member States and the European Environment Agency to ensure an efficient access and use of the in-situ data sets for Copernicus. (48)  Existing capacities should be built on and should be complemented by new assets, which may be developed in common among the responsible entities. To that end, the Commission should work closely with the European Space Agency, Member States and, where applicable, other entities owning relevant space and in situ assets. Copernicus should build on and ensure continuity with the activities and achievements under Regulation (EU) No 377/2014 of the European Parliament and of the Council17 establishing the Union Earth observation and monitoring programme (Copernicus) as well as Regulation (EU) No 911/2010 of the European Parliament and of the Council on the European Earth monitoring programme (GMES) and its initial operations18 establishing the predecessor Global Monitoring for Environment and Security (GMES) programme and the rules for implementation of its initial operations, taking into account recent trends in research, technological advances and innovations impacting the Earth observation domain, as well as developments in big data analytics and Artificial Intelligence and related strategies and initiatives at Union level19. To the greatest extent possible, it should make use of capacities for space-borne observations of the Member States, the European Space Agency, EUMETSAT20, as well as other entities, including commercial initiatives in Europe, thereby also contributing to the development of a viable commercial space sector in Europe. Where feasible and appropriate, it should also make use of the available in situ and ancillary data provided mainly by the Member States in accordance with Directive 2007/2/EC21. The Commission should work together with the Member States and the European Environment Agency to ensure an efficient access and use of the in-situ data sets for Copernicus. __________________ __________________ 17 Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44). 17 Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44). 18 Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)(OJ L 276, 20.10.2010, p. 1). 18 Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)(OJ L 276, 20.10.2010, p. 1). 19 Communication "Artificial Intelligence for Europe" (COM(2018)0237) , Communication "Towards a common European data space" (COM(2018)0232), Proposal for a Council Regulation on establishing the European High Performance Computing Joint Undertaking (COM(2018)0008). 19 Communication "Artificial Intelligence for Europe" (COM(2018)0237) , Communication "Towards a common European data space" (COM(2018)0232), Proposal for a Council Regulation on establishing the European High Performance Computing Joint Undertaking (COM(2018)0008). 20 The European Organisation for the Exploitation of Meteorological Satellites 20 The European Organisation for the Exploitation of Meteorological Satellites 21 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) 21 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) Amendment 33 Proposal for a regulation Recital 49 a (new) (49a)  The full potential of Copernicus for the Union society and economy should be fully unleashed beyond direct beneficiaries by means of an intensification of user uptake measures, which requires further action to render the data usable by non-specialists and thereby stimulate growth, job creation and knowledge transfers. Amendment 34 Proposal for a regulation Recital 52 (52)  With regard to data acquisition, the activities under Copernicus should aim at completing and maintaining the existing space infrastructure, preparing the long-term replacement of the satellites at the end of their lifetime, as well as initiating new missions addressing new observation systems to support meeting the challenge of global climate change (e.g. anthropogenic CO2 and other greenhouse gas emissions monitoring). Activities under Copernicus should expand their global monitoring coverage over the polar regions and support environmental compliance assurance, statutory environmental monitoring and reporting and innovative environmental applications (e.g. for crops monitoring, water management and enhanced fire monitoring). In doing so, Copernicus should leverage and take maximum advantage of the investments made under the previous funding period (2014-2020), while exploring new operational and business models to further complement the Copernicus capacities. Copernicus should also build on successful partnerships with Member States to further develop its security dimension under appropriate governance mechanisms, in order to respond to evolving user needs in the security domain. (52)  With regard to data acquisition, the activities under Copernicus should aim at completing and maintaining the existing space infrastructure, preparing the long-term replacement of the satellites at the end of their lifetime, as well as initiating new missions whose feasibility is currently being explored by the European Space Agency addressing new observation systems to support meeting the challenge of global climate change (e.g. anthropogenic CO2 and other greenhouse gas emissions monitoring). Activities under Copernicus should expand their global monitoring coverage over the polar regions and support environmental compliance assurance, statutory environmental monitoring and reporting and innovative environmental applications (e.g. for crops monitoring, water management and enhanced fire monitoring). In doing so, Copernicus should leverage and take maximum advantage of the investments made under the previous funding period (2014-2020), while exploring new operational and business models to further complement the Copernicus capacities. Copernicus should also build on successful partnerships with Member States to further develop its security dimension under appropriate governance mechanisms, in order to respond to evolving user needs in the security domain. Amendment 35 Proposal for a regulation Recital 53 (53)  As part of the data and information processing function, Copernicus should ensure the long-term sustainability and further development of the core Copernicus services, providing information in order to satisfy public sector needs and those arising from the Union’s international commitments, and to maximise opportunities for commercial exploitation. In particular, Copernicus should deliver, at the local, national, European and global scale, information on the state of the atmosphere; information on the state of the oceans; information in support of land monitoring supporting the implementation of local, national and Union policies; information in support of climate change adaptation and mitigation; geospatial information in support of emergency management, including through prevention activities, environmental compliance assurance, as well as civil security including support for the Union's external action. The Commission should identify appropriate contractual arrangements fostering the sustainability of service provision. (53)  As part of the data and information processing function, Copernicus should ensure the long-term sustainability and further development of the core Copernicus services, providing information in order to satisfy public sector needs and those arising from the Union’s international commitments, and to maximise opportunities for commercial exploitation. In particular, Copernicus should deliver, at the local, national, European and global scale, information on the state of the atmosphere, including air quality; information on the state of the oceans; information in support of land monitoring supporting the implementation of local, national and Union policies; information in support of climate change adaptation and mitigation; geospatial information in support of emergency management, including through prevention activities, environmental compliance assurance, as well as civil security including support for the Union's external action. The Commission should identify appropriate contractual arrangements fostering the sustainability of service provision. Amendment 36 Proposal for a regulation Recital 54 a (new) (54a)  In order to achieve the objectives of Copernicus on a sustainable basis, a committee (the Copernicus sub-committee) could be established to assist the Commission in ensuring the coordination of contributions to Copernicus by the Union, the User Fora, the Member States and inter-governmental organisations as well as the private sector, making the best use of existing capacities and identifying gaps to be addressed at Union level. Amendment 37 Proposal for a regulation Recital 55 (55)  The implementation of the Copernicus services should facilitate the public uptake of services as users would be able to anticipate the availability and evolution of services as well as cooperation with Member States and other parties. To this end, the Commission and its entrusted entities providing services should engage closely with different user communities across Europe in further developing the Copernicus services and information portfolio to ensure that evolving public sector and policy needs are met and thus the uptake of Earth observation data can be maximised. The Commission and Member States should work together to develop the in-situ component of Copernicus and to facilitate the integration of in-situ datasets with space datasets for upgraded Copernicus services. (55)  The implementation of the Copernicus services should facilitate the public uptake of services as users would be able to anticipate the availability and evolution of services as well as cooperation with Member States and other parties. To this end, the Agency and the Copernicus entrusted entities should engage closely with different user communities across Europe in further developing the Copernicus services and information portfolio to ensure that evolving public sector and policy needs are met and thus the uptake of Earth observation data can be maximised in the interest of European citizens. The Commission and Member States should work together to develop the in-situ component of Copernicus and to facilitate the integration of in-situ datasets with space datasets for upgraded Copernicus services. Amendment 38 Proposal for a regulation Recital 56 a (new) (56a)  Member States, the Commission and the responsible entities should periodically run the Copernicus information campaigns regarding the benefits of the programme, giving all potential users access to the relevant information and data. Amendment 39 Proposal for a regulation Recital 57 a (new) (57a)  Copernicus’ Climate Change services, although still in a pre-operational phase, are already well on track as the number of users doubled between 2015 and2 016. All Climate Change services should become fully operational as soon as possible and thereby provide the continuous flow of data necessary for effective climate change mitigation and adaptation actions. Amendment 40 Proposal for a regulation Recital 59 (59)  To promote and facilitate the use of Earth observation data and technologies both by local authorities, by small and medium-sized enterprises, scientists and researchers, dedicated networks for Copernicus data distribution, including national and regional bodies, should be promoted through user uptake activities. To this end, the Commission and the Member States should strive to establish closer links between Copernicus and Union and national policies in order to drive the demand for commercial applications and services and enable enterprises, particular small and medium-sized enterprises and start-ups, to develop applications based on Copernicus data and information aiming at developing a competitive Earth observation data eco-system in Europe. (59)  To promote and facilitate the use of Earth observation data and technologies both by local and regional authorities, by small and medium-sized enterprises, scientists and researchers, dedicated networks for Copernicus data distribution, including national and regional bodies, should be promoted through user uptake activities. To this end, the Commission and the Member States should strive to establish closer links between Copernicus and Union and national policies in order to drive the demand for commercial applications and services and enable enterprises, particular small and medium-sized enterprises and start-ups, to develop applications based on Copernicus data and information aiming at developing a competitive Earth observation data eco-system in Europe. Amendment 41 Proposal for a regulation Recital 59 a (new) (59a)   Given the major potential of satellite imagery for sustainable and efficient resource management, providing reliable and timely information on crop and soil conditions for example, that service should be further enhanced to meet end-user needs and ensure data linkage. Amendment 42 Proposal for a regulation Recital 62 (62)  Following the requests of the European Parliament and of the Council and, the Union established a support framework for space surveillance and tracking (SST) by means of Decision No 541/2014/EU of the European Parliament and of the Council of 16 April 2014 establishing a Framework for Space Surveillance and Tracking Support24. Space debris has become a serious threat to the security, safety and sustainability of space activities. The SST is therefore primordial to preserve the continuity of the Programme's components and their contributions to Union policies. By seeking to prevent the proliferation of space debris, SST contributes to ensuring the sustainable and guaranteed access to and use of space, which is a global common. (62)  Following the requests of the European Parliament and of the Council and, the Union established a support framework for space surveillance and tracking (SST) by means of Decision No 541/2014/EU of the European Parliament and of the Council24. Space debris has become a serious threat to the security, safety and sustainability of space activities. The SST is therefore primordial to preserve the continuity of the Programme's components and their contributions to Union policies. By seeking to prevent the proliferation of space debris, SST contributes to ensuring the sustainable and guaranteed access to and use of space, which is a global common. The SST is intended also to facilitate the preparation of European earth orbit 'clean-up' projects. __________________ __________________ 24 OJ L 158, 27.5.2014, p. 227. 24 Decision No 541/2014/EU of the European Parliament and of the Council of 16 April 2014 establishing a Framework for Space Surveillance and Tracking Support (OJ L 158, 27.5.2014, p. 227). Amendment 43 Proposal for a regulation Recital 63 (63)  The SST should further develop the performance and autonomy of SST capabilities. To this end, it should lead to the establishment of an autonomous European catalogue of space objects, building on data from the network of SST sensors. The SST should also continue to support operation and delivery of SST services. As SST is a user-driven system, appropriate mechanisms should be put in place to collect user requirements, including those relating to security. (63)  The SST should further develop the performance and autonomy of SST capabilities. To this end, it should lead to the establishment of an autonomous European catalogue of space objects, building on data from the network of SST sensors. The catalogue could follow the example of other space capable nations and make some of its data available for non-commercial and research purposes. SST should also continue to support operation and delivery of SST services. As SST is a user-driven system, appropriate mechanisms should be put in place to collect user requirements, including those relating to security and the transmission of relevant information to and from public institutions to improve the effectiveness of the system. Amendment 44 Proposal for a regulation Recital 67 (67)  In addition, the SST should be complementary to existing mitigation measures, such as the Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space (COPUOS) and Guidelines for the Long-term Sustainability of Outer Space Activities, or other initiatives, to ensure the safety, security and sustainability of outer space activities. With a view to reducing risks of collision, the SST would also seek synergies with initiatives of active removal and passivation measures of space debris. The SST should contribute to ensuring the peaceful use and exploration of outer space. The increase in space activities may have implication on the international initiatives in the area of the space traffic management. The Union should monitor those developments and may take them into consideration in the context of the mid-term review of the current MFF. (67)  In addition, the SST should be complementary to existing mitigation measures, such as the Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space (COPUOS) and Guidelines for the Long-term Sustainability of Outer Space Activities, or other initiatives, to ensure the safety, security and sustainability of outer space activities. With a view to reducing risks of collision, the SST would also seek synergies with initiatives aimed at promoting the development and deployment of technological systems designed for the active removal of space debris. The SST should contribute to ensuring the peaceful use and exploration of outer space. The increase in space activities may have implication on the international initiatives in the area of the space traffic management. The Union should monitor those developments and may take them into consideration in the context of the mid-term review of the current MFF. Amendment 45 Proposal for a regulation Recital 70 (70)  Extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space-based and ground-based infrastructure. A space weather function should therefore be established as part the Programme with an aim of assessing the space weather risks and corresponding user needs, raising the awareness of space weather risks, ensuring the delivery of user-driven space weather services, and improving Member Stares capabilities to produce space weather service. The Commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs, risks and technological readiness. In the long term, the needs of other sectors may be addressed. The delivery of services at Union level according to the users' needs will require targeted, coordinated and continued research and development activities to support space weather services evolution. The delivery of the space weather services should build on the existing national and Union capabilities and enable a broad participation of Member States and involvement of the private sector. (70)  Extreme and major space weather events may threaten the safety of citizens and disrupt the operations of space-based and ground-based infrastructure. A space weather function should therefore be established as part the Programme with an aim of assessing the space weather risks and corresponding user needs, raising the awareness of space weather risks, ensuring the delivery of user-driven space weather services, and improving Member States' capabilities to produce space weather service. The Commission should prioritise the sectors to which the operational space weather services are to be provided taking into account the user needs, risks and technological readiness. In the long term, the needs of other sectors may be addressed. The delivery of services at Union level according to the users' needs will require targeted, coordinated and continued research and development activities to support space weather services evolution. The delivery of the space weather services should build on the existing national and Union capabilities and enable a broad participation of Member States, international organisations and involvement of the private sector. Amendment 46 Proposal for a regulation Recital 73 (73)  GOVSATCOM is a user-centric programme with a strong security dimension. The use-cases may be analysed for three main families: crisis management, which may include civilian and military Common Security and Defence missions and operations, natural and man-made disasters, humanitarian crises, and maritime emergencies; surveillance, which may include border surveillance, pre-frontier surveillance sea-border surveillance, maritime surveillance, surveillance of illegal trafficking; and key infrastructures, which may include diplomatic network, police communications, critical infrastructures (e.g. energy, transport, water barriers) and space infrastructures. (73)  GOVSATCOM is a user-centric programme with a strong security dimension. The use-cases may be analysed for three main families: crisis management, natural and man-made disasters, humanitarian crises, and maritime emergencies; surveillance, which may include border surveillance, pre-frontier surveillance sea-border surveillance, maritime surveillance, surveillance of illegal trafficking; and key infrastructures, which may include diplomatic network, police communications, digital infrastructure (e. g. data centres,servers), critical infrastructures (e.g. energy, transport, water barriers such as dams) and space infrastructures. Amendment 47 Proposal for a regulation Recital 78 (78)  For users of satellite communications the user equipment is the all-important operational interface. The EU GOVSATCOM approach makes it possible for most users to continue to use their existing user equipment for GOVSATCOM services in so far as they make use of Union technologies. (78)  For users of satellite communications the user equipment is the all-important operational interface. The EU GOVSATCOM approach should make it possible for users to continue to use their existing user equipment for GOVSATCOM services. Amendment 48 Proposal for a regulation Recital 86 (86)  Infrastructure dedicated to the Programme may require additional research and innovation, which may be supported under Horizon Europe, aiming for coherence with activities in this domain by the European Space Agency. Synergies with Horizon Europe should ensure that research and innovation needs of the space sector are identified and established as part of the strategic research and innovation planning process. Space data and services made freely available by the Programme will be used to develop breakthrough solutions through research and innovation, including in Horizon Europe, in particular for sustainable food and natural resources, climate monitoring, smart cities, automated vehicles, security and disaster management. The strategic planning process under Horizon Europe will identify research and innovation activities that should make use of Union-owned infrastructures such as Galileo, EGNOS and Copernicus. Research infrastructures, in particular in situ observing networks will constitute essential elements of the in situ observation infrastructure enabling the Copernicus services (86)  Infrastructure dedicated to the Programme may require additional research and innovation, which may be supported under Horizon Europe, aiming for coherence with activities in this domain by the European Space Agency. Synergies with Horizon Europe should ensure that research and innovation needs of the space sector are identified and established as part of the strategic research and innovation planning process. It is important to assure continuity between the solutions developed through Horizon Europe and the operations of the components of the Programme. Space data and services made freely available by the Programme will be used to develop breakthrough solutions through research and innovation, including in Horizon Europe, on the main European policies. The strategic planning process under Horizon Europe will identify research and innovation activities that should make use of Union-owned infrastructures such as Galileo, EGNOS and Copernicus. Research infrastructures, in particular in situ observing networks will constitute essential elements of the in situ observation infrastructure enabling the Copernicus services. Amendment 49 Proposal for a regulation Recital 87 (87)  Regulation (EU) No 912/2010 established a Union agency, called the European GNSS Agency, to manage certain aspects of the Galileo and EGNOS satellite navigation programmes. The present Regulation provides in particular that the European GNSS Agency will be entrusted with new tasks, not only in respect of Galileo and EGNOS but also for other components of the Programme, especially security accreditation. The name, tasks and organisational aspects of the European GNSS Agency must therefore be adapted accordingly. (87)  Regulation (EU) No 912/2010 established a Union agency, called the European GNSS Agency, to manage certain aspects of the Galileo and EGNOS satellite navigation programmes. The present Regulation provides in particular that the European GNSS Agency will be entrusted with new tasks, not only in respect of Galileo and EGNOS but also for other components of the Programme, especially security accreditation and cybersecurity. The name, tasks and organisational aspects of the European GNSS Agency must therefore be adapted accordingly. Amendment 50 Proposal for a regulation Recital 88 (88)  In view of its extended scope, which will no longer be limited to Galileo and EGNOS, the European GNSS Agency should henceforth be changed. However, the continuity of the activities of the European GNSS Agency, including continuity as regards rights and obligations, staff and the validity of any decisions taken, should be ensured under the Agency. (88)  In view of its extended scope, which will no longer be limited to Galileo and EGNOS, the European GNSS Agency should henceforth be changed. Where it entrusts tasks to the Agency, the Commission should ensure appropriate funding for the management and execution of those tasks, including adequate human and financial resources. However, the continuity of the activities of the European GNSS Agency, including continuity as regards rights and obligations, staff and the validity of any decisions taken, should be ensured under the Agency. Amendment 51 Proposal for a regulation Article 2 – paragraph 1 – point 2 (2)  ‘space weather events’ means naturally occurring variations in the space environment between the Sun and the Earth, including solar flares, solar energetic particles, solar wind, and coronal mass ejections that can lead to solar storms (geomagnetic storms, solar radiation storms and ionospheric disturbances) potentially impacting Earth; (2)  ‘space weather events’ means naturally occurring variations in the space environment between the Sun and the Earth, including solar flares, solar energetic particles, solar wind, and coronal mass ejections that can lead to solar storms (geomagnetic storms, solar radiation storms and ionospheric disturbances) potentially impacting Earth or space-based infrastructures; Amendment 52 Proposal for a regulation Article 2 – paragraph 1 – point 5 (5)  ‘space situational awareness’ ('SSA') means a holistic approach towards the main space hazards, encompassing collision between satellites and space debris, space weather phenomena, and near earth objects; (5)  ‘space situational awareness’ ('SSA') means comprehensive knowledge and understanding of the main space hazards, encompassing collision between satellites and space debris, space weather phenomena, and near earth objects; Amendment 53 Proposal for a regulation Article 2 – paragraph 1 – point 6 (6)  'blending operation' means actions supported by the EU budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the EU budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; (6)  'blending operation' means actions supported by the EU budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments and/or budgetary guarantees from the EU budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; Amendment 54 Proposal for a regulation Article 2 – paragraph 1 – point 10 (10)  ‘SST data’ means physical parameters of space objects acquired by SST sensors or orbital parameters of space objects derived from SST sensors' observations in the framework of the space surveillance and tracking ('SST') component; (10)  ‘SST data’ means physical parameters of space objects, including space debris, acquired by SST sensors or orbital parameters of space objects derived from SST sensors' observations in the framework of the space surveillance and tracking ('SST') component; Amendment 55 Proposal for a regulation Article 2 – paragraph 1 – point 14 a (new) (14a)   'Copernicus third-party-information' means information licensed and provided for use within Copernicus activities which originate from sources other than Copernicus Sentinels; Amendment 56 Proposal for a regulation Article 2 – paragraph 1 – point 23 – subparagraph 1 'Copernicus core users' which benefit from Copernicus data and Copernicus information and have the additional role of driving the evolution of Copernicus, comprising the Union institutions and bodies and European national, or regional public bodies entrusted with a public service mission for the definition, implementation, enforcement or monitoring of environmental, civil protection, safety or security policies; 'Copernicus core users' which benefit from Copernicus data and Copernicus information and have the additional role of driving the evolution of Copernicus, comprising the Union institutions and bodies and European national, or regional public bodies entrusted with a public service mission for the definition, implementation, enforcement or monitoring of environmental, civil protection, safety, including safety of infrastructure or security policies; Amendment 57 Proposal for a regulation Article 2 – paragraph 1 – point 23 – subparagraph 2 a (new) 'Copernicus core services' means the operational services clustered in the data and information processing component or service component, which are of general and common interest of the Member States and the Union; Amendment 58 Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new) (23 a)  "space sector" means: "the upstream sector", which includes activities leading to an operational space system, and space exploration; "the downstream sector" which includes activities relating to exploiting satellite data to develop space-related products and services to end-users. Amendment 59 Proposal for a regulation Article 3 – paragraph 1 – point a (a)  an autonomous civil global navigation satellite system (GNSS) under civil control comprising a constellation of satellites, centres and a global network of stations on the ground, offering positioning, navigation and time measurement services and fully integrating the needs and requirements of security (‘Galileo’); (a)  an autonomous civil global navigation satellite system (GNSS) under civil control comprising a constellation of satellites, centres and a global network of stations on the ground, offering positioning, navigation and time measurement services and, where appropriate, integrating the needs and requirements of security (‘Galileo’); Amendment 60 Proposal for a regulation Article 3 – paragraph 1 – point c (c)  an autonomous, user-driven, Earth observation system under civil control, offering geo-information data and services, comprising satellites, ground infrastructure, data and information processing facilities, and distribution infrastructure, and fully integrating the needs and requirements of security (‘Copernicus’); (c)  an autonomous, user-driven, Earth observation system under civil control, offering geo-information data and services based on a free and open data policy, comprising satellites, ground infrastructure, data and information processing facilities, and distribution infrastructure, and fully integrating the needs and requirements of security (‘Copernicus’); Amendment 61 Proposal for a regulation Article 3 – paragraph 1 – point d (d)  a space surveillance and tracking system aiming to improve, operate and provide data, information and services related to the surveillance and tracking of active and inactive spacecraft, discarded launchers stages, debris and debris fragments that orbit around the Earth and complemented by observational parameters related to space weather events and the risk of near earth objects ('NEOs') approaching earth monitoring (‘SST’); (d)  a space surveillance and tracking system aiming to improve, operate and provide data, information and services related to the surveillance and tracking of active and inactive spacecraft and space, debris that orbit around the Earth and complemented by observational parameters related to space weather events and the risk of near earth objects ('NEOs') approaching earth monitoring (‘SST’); Amendment 62 Proposal for a regulation Article 3 – paragraph 2 Additionally, the Programme shall include measures for ensuring efficient access to space for the Programme and for fostering an innovative space sector. Additionally, the Programme shall include measures for ensuring autonomous access to space, for tackling cyber threats, for fostering an innovative and competitive space sector, upstream and downstream, and for supporting space diplomacy. Amendment 63 Proposal for a regulation Article 4 – paragraph 1 – introductory part 1.  The Programme shall the following general objectives: 1.  The Programme shall have the following general objectives: Amendment 64 Proposal for a regulation Article 4 – paragraph 1 – point a (a)  provide, or contribute to the provision of, high-quality and up-to-date and, where appropriate, secure space-related data, information and services without interruption and wherever possible at global level, meeting existing and future needs and able to meet the Union's political priorities, including as regards climate change and security and defence; (a)  provide, or contribute to the provision of, high-quality and up-to-date and, where appropriate, secure space-related data, information and services without interruption and wherever possible at global level, meeting existing and future needs and able to meet the Union's political priorities, including climate change; and support the evidence-based and independent decision-making capacity of the Union and its Member States; Amendment 65 Proposal for a regulation Article 4 – paragraph 1 – point b (b)  maximise the socio-economic benefits, including by promoting the widest possible use of the data, information and services provided by the Programme's components; (b)  maximise the socio-economic benefits, in particular by strengthening the European downstream sector, thereby enabling growth and job creation in the Union and promoting the widest possible uptake of services and use of the data, information and services provided by the Programme's components both within and outside the Union; Amendment 66 Proposal for a regulation Article 4 – paragraph 1 – point c (c)  enhance the security of the Union and its Member States, its freedom of action and its strategic autonomy, in particular in terms of technologies and evidence-based decision-making; (c)  enhance the security, including cybersecurity, of the Union and its Member States, and reinforce its strategic autonomy, in particular in industrial and technological terms; Amendment 67 Proposal for a regulation Article 4 – paragraph 1 – point c a (new) (ca)  strengthen the European industrial and scientific ecosystem in the field of space, by establishing a coherent framework that combines the excellence of European training and know-how, the development of high-level design, manufacturing capabilities and the strategic vision needed in an increasingly competitive sector; Amendment 68 Proposal for a regulation Article 4 – paragraph 1 – point d (d)  promote the role of the Union in the international arena as a leading actor in the space sector and strengthening its role in tackling global challenges and supporting global initiatives, including with regards to climate change and sustainable development. (d)  promote the role of the Union in the international arena as a leading actor in the space sector and strengthening its role in tackling global challenges and supporting global initiatives, including with regard to sustainable development; Amendment 69 Proposal for a regulation Article 4 – paragraph 1 – point d a (new) (da)  strengthen the Union’s space diplomacy and encourage international cooperation to raise awareness of space as a common heritage of mankind; Amendment 70 Proposal for a regulation Article 4 – paragraph 1 – point d b (new) (db)  promote Union technology and industry and foster the principle of reciprocity and fair competition at international level; Amendment 71 Proposal for a regulation Article 4 – paragraph 1 – point d c (new) (dc)  enhance the safety of the Union and its Member States in various fields, in particular in transportation (aviation, including unmanned aerial vehicles, rail transports, navigation, road transports, autonomous driving), infrastructure building and monitoring, land monitoring and environment. Amendment 72 Proposal for a regulation Article 4 – paragraph 2 – point a (a)  for Galileo and EGNOS: to provide of state-of-the-art and, where appropriate, secure positioning, navigation and timing services; (a)  for Galileo and EGNOS: to provide long-term and continuous state-of-the-art and, where appropriate, secure positioning, navigation and timing services; Amendment 73 Proposal for a regulation Article 4 – paragraph 2 – point b (b)  for Copernicus: to deliver accurate and reliable Earth Observation data and information, supplied on a long-term basis, to support the implementation and monitoring of the Union and its Member States' policies in the fields of the environment, climate change, agriculture and rural development, civil protection, safety and security, as well as the digital economy; (b)  for Copernicus: to deliver accurate and reliable Earth Observation data and information, supplied on a long-term basis, to support the implementation and monitoring of the Union and its Member States' user-driven policies and actions; Amendment 74 Proposal for a regulation Article 4 – paragraph 2 – point c (c)  for Space Situational Awareness ('SSA'): to enhance SST capabilities to monitor, track and identify space objects, to monitor space weather and to map and network Member States NEO capacities; (c)  for Space Situational Awareness ('SSA'): to enhance SST capabilities to monitor, track and identify space objects and space debris, to monitor space weather and to map and network Member States NEO capacities; Amendment 75 Proposal for a regulation Article 4 – paragraph 2 – point e (e)  to contribute, where this is required for the needs of the Programme, to an autonomous, secure and cost-efficient capability to access space; (e)  to ensure an autonomous, secure and cost-efficient capability to access to space; Amendment 76 Proposal for a regulation Article 4 – paragraph 2 – point f (f)  support and reinforce the competitiveness, entrepreneurship, skills and capacity to innovate of legal and natural persons from the Union active or wishing to become active in that sector, with particular regard to the position and needs of small and medium-sized enterprises and start-ups. (f)  to foster the development of a strong and competitive Union space economy and maximise opportunities for Union enterprises of all sizes and all Union regions. Amendment 77 Proposal for a regulation Article 5 – paragraph 1 – introductory part The Programme shall support: The Programme, in synergy with other Union and European Space Agency programmes and funding shemes, shall support: Amendment 78 Proposal for a regulation Article 5 – paragraph 1 – point a (a)  provision of launching services for the needs of the Programme; (a)  provision of launching services for the Programme including aggregate launching service for the Union and for other entities, at their request, taking into account the essential security interests of the Union in accordance with Article 25, in order to enhance the competitiveness of European launchers and industries on the global market; Amendment 79 Proposal for a regulation Article 5 – paragraph 1 – point b (b)  development activities linked to autonomous, reliable and cost-efficient access to space; (b)  development activities linked to autonomous, reliable and cost-efficient access to space including alternative launching technologies and innovative systems or services, taking into account the essential security interests of the Union and its Member States, in accordance with Article 25; Amendment 80 Proposal for a regulation Article 5 – paragraph 1 – point c (c)  where this is required for the needs of the Programme, the necessary adaptations to the space ground infrastructure. (c)  where this is required for the objectives of the Programme, the necessary support for the maintenance, adaptations and developments of the space ground infrastructure, in particular existing infrastructures, rocket ranges and research centres. Amendment 81 Proposal for a regulation Article 6 – title Actions in support of an innovative Union space sector Actions in support of an innovative and competitive Union space sector Amendment 82 Proposal for a regulation Article 6 – paragraph 1 – point a (a)  innovation activities for making best use of space technologies, infrastructure or services; (a)  innovation activities for developing and making best use of space technologies, infrastructure or services; Amendment 83 Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa)  appropriate measures to facilitate the uptake of innovative solutions resulting from research and innovation activities, in particular through synergies with other Union Funds, such as Horizon Europe and InvestEU, in order to support the development of downstream sectors of all the components of the Programme; Amendment 84 Proposal for a regulation Article 6 – paragraph 1 – point a b (new) (ab)  strengthening the European space sector in the export market; Amendment 85 Proposal for a regulation Article 6 – paragraph 1 – point b (b)  the establishment of space-related innovation partnerships to develop innovative products or services and for the subsequent purchase of the resulting supply or services; (b)  the establishment of space-related innovation partnerships to develop innovative products or services and for the subsequent purchase of the resulting products or services for the needs of the Programme; Amendment 86 Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba)  design, testing, implementation and deployment of data-driven interoperable space solutions for public services, fostering innovation and establishing common frameworks in order to realise the full potential of public administrations’ services for citizens and businesses; Amendment 87 Proposal for a regulation Article 6 – paragraph 1 – point c (c)  entrepreneurship, from early stage to scaling-up, in accordance with Article 21 and other access to finance provisions as referred to in Article 18 and Chapter I of Title III; (c)  entrepreneurship, including from early stage to scaling-up, in accordance with Article 21 and by relying on other access to finance provisions as referred to in Article 18 and Chapter I of Title III; Amendment 88 Proposal for a regulation Article 6 – paragraph 1 – point d (d)  cooperation between undertakings in the form of space hubs bringing together, at regional and national levels, actors from the space and digital sectors, as well as users, and providing support to citizens and companies to foster entrepreneurship and skills; (d)  cooperation in the form of a network of space hubs bringing together, in particular at regional and national levels, actors from the space and digital sectors, as well as users, and providing support, facilities and services to citizens and companies to foster entrepreneurship and skills; fostering cooperation between the space hubs and the digital innovation hubs established under the Digital Europe Programme; Amendment 89 Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da)  the possible development of a ‘first contract approach strategy’ with all relevant public and private sector actors to support the development of space start-ups; Amendment 90 Proposal for a regulation Article 6 – paragraph 1 – point d b (new) (db)  Synergies with the transport, space and digital sectors in order to foster the broader use of new technologies (such as e-call, digital tachograph, traffic supervisions and management, autonomous driving, unmanned vehicles and drones) and tackle the needs of secure and seamless connectivity, robust positioning, inter modality and interoperability, thus enhancing the competitiveness of transport services and industry; Amendment 91 Proposal for a regulation Article 6 – paragraph 1 – point e (e)  provision of education and training activities; (e)  provision of education and training activities in order to develop advanced space skills; Amendment 92 Proposal for a regulation Article 6 – paragraph 1 – point f (f)  access to processing and testing facilities; (f)  access to processing and testing facilities for private and public sector professionals, students and entrepreneurs; Amendment 93 Proposal for a regulation Article 7 – paragraph 2 – point c (c)  does not confer to the third country or international organisation a decisional power on the programme; (c)  does not confer to the third country or international organisation a decisional power on the programme or, where appropriate, access to sensitive or classified information; Amendment 94 Proposal for a regulation Article 7 – paragraph 2 – point d a (new) (da)  preserves, where appropriate, the strategic and sovereign interests of the Union in all relevant areas, including European technological or industrial strategic autonomy; Amendment 95 Proposal for a regulation Article 9 – paragraph 3 3.  The Commission shall take the necessary steps to ensure that the contracts, agreements or other arrangements relating to the activities referred to in the first paragraph contain provisions setting out the appropriate ownership regime for those assets and, as regards point (c) that the Union can freely use the PRS receivers in accordance with Decision 1104/2011/EU. 3.  The Commission shall take the necessary steps to ensure that the contracts, agreements or other arrangements relating to the activities referred to in the second paragraph contain provisions setting out the appropriate ownership and use regime for those assets and, as regards point (c) that the Union can freely use and grant the use of the PRS receivers in accordance with Decision 1104/2011/EU. Amendment 96 Proposal for a regulation Article 10 – paragraph 1 The services, data and information provided by the Programme's components shall be provided without any express or implied guarantee as regards their quality, accuracy, availability, reliability, speed and suitability for any purpose. To that aim, the Commission shall take the necessary steps to ensure that the users of those services, data and information are informed, in an appropriate manner, of the absence of any such guarantee. The services, data and information provided by the Programme's components shall be provided without any express or implied guarantee as regards their quality, accuracy, availability, reliability, speed and suitability for any purpose, unless such a guarantee is required by applicable Union law for the provision of the services concerned. To that aim, the Commission shall take the necessary steps to ensure that the users of those services, data and information are informed, in an appropriate manner, of the absence of any such guarantee. Amendment 97 Proposal for a regulation Article 11 – paragraph 1 – subparagraph 1 The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [16] billion in current prices. The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [16,9] billion in current prices. Amendment 98 Proposal for a regulation Article 11 – paragraph 1 – subparagraph 2 – point b (b)  for Copernicus: EUR [5,8] billion; (b)  for Copernicus: EUR [6] billion; Amendment 99 Proposal for a regulation Article 11 – paragraph 1 – subparagraph 2 – point c (c)  for SSA/GOVSATCOM: EUR [0,5] billion. (c)  for SSA/GOVSATCOM: EUR [1,2] billion. Amendment 100 Proposal for a regulation Article 11 – paragraph 2 2.  Cross-cutting activities as foreseen by Article 3 shall be financed under the Programme's components. 2.  Cross-cutting activities as foreseen by Articles 3, 5 and 6 shall be financed under the Programme's components. Amendment 101 Proposal for a regulation Article 14 – paragraph 1 – point a (a)  to promote in all Member States, throughout the supply chain, the widest and most open participation possible of start-ups, new entrants and small and medium sized enterprises and other economic operators, including the requirement of sub-contracting by the tenderers; (a)  to promote throughout the Union and throughout the supply chain, the widest and most open participation possible of all economic operators, and in particular start-ups, new entrants and small and medium sized enterprises, including the requirement of sub-contracting by the tenderers; Amendment 102 Proposal for a regulation Article 14 – paragraph 1 – point d (d)  to foster the autonomy of the Union, in particular in technological terms; (d)  to foster the strategic autonomy of the Union, in particular in industrial and technological terms, throughout the entire value chain; Amendment 103 Proposal for a regulation Article 14 – paragraph 1 – point d a (new) (da)  to follow the principles of open access and fair competition throughout the industrial supply chain, tendering on the basis of the provision of transparent and timely information, clear communication of the applicable procurement rules, selection and award criteria and any other relevant information allowing a level-playing field for all potential bidders; Amendment 104 Proposal for a regulation Article 17 – paragraph 1 1.  To encourage new entrants, small and medium enterprises and start-ups, and to offer the widest possible geographic coverage while protecting the Union's strategic autonomy, the contracting authority may request that the tenderer subcontract part of the contract by competitive tendering at the appropriate levels of subcontracting to companies other than those which belong to the tenderer's group. 1.  To encourage new entrants, in particular small and medium-sized enterprises and start-ups, and to offer the widest possible geographic coverage while protecting the Union's strategic autonomy, the contracting authority shall endeavour to request the tenderer to subcontract part of the contract by competitive tendering at the appropriate levels of subcontracting to companies other than those which belong to the tenderer's group. Amendment 105 Proposal for a regulation Article 17 – paragraph 2 2.  The contracting authority shall express the requisite share of the contract to be subcontracted in the form of a range from a minimum to a maximum percentage. 2.  The contracting authority shall express the requisite share of the contract to be subcontracted to industry at all levels, pursuant to paragraph 1, in the form of a range from a minimum to a maximum percentage. Amendment 106 Proposal for a regulation Article 17 – paragraph 3 3.  Any derogation from a request in accordance with paragraph 1 shall be justified by the tenderer. 3.  Any derogation from a request in accordance with paragraph 1 shall be justified by the tenderer and assessed by the contracting authority. Amendment 107 Proposal for a regulation Article 19 – paragraph 2 In the case of a joint call, joint procedures shall be established for selection and evaluation of proposals. The procedures must involve a balanced group of experts appointed by each party. In the case of a joint call, joint procedures shall be established for selection and evaluation of proposals. The procedures shall involve a balanced group of experts appointed by each party. Such experts shall not evaluate, advise or assist on matters in relation to which they have a conflict of interests. Amendment 108 Proposal for a regulation Article 24 – paragraph 1 1.  In addition to the provisions of [Article 165] of the Financial Regulation, the Commission and the Agency may carry out joint procurement procedures with the European Space Agency or other international organisations involved in implementing the components of the Programme. 1.  In addition to the provisions of [Article 165] of the Financial Regulation, the Commission or the Agency may carry out joint procurement procedures with the European Space Agency or other international organisations involved in implementing the components of the Programme. Amendment 110 Proposal for a regulation Article 27 – paragraph 1 – point a (a)  strict distribution of tasks and responsibilities between the entities involved in the implementation of the Programme, in particular between the Member States, the Commission, the Agency and the European Space Agency; (a)  strict distribution of tasks and responsibilities between the entities involved in the implementation of the Programme, in particular between the Member States, the Commission, the Agency and the European Space Agency, based on each entity's competences, improving transparency, effectiveness and cost-efficiency and avoidance of overlap of activities; Amendment 111 Proposal for a regulation Article 27 – paragraph 1 – point b (b)  strong control of the Programme, including strict adherence to cost and schedule by all the entities, within their respective fields of competence in accordance with this Regulation; (b)  strong control of the Programme, including strict adherence to cost and technical performance by all the entities, within their respective fields of responsibility in accordance with this Regulation; Amendment 112 Proposal for a regulation Article 27 – paragraph 1 – point d (d)  systematic consideration of the needs of users of the services provided by the Programme's components, as well as of scientific and technological evolutions relating to those services; (d)  systematic consideration of the needs of users of the services provided by the Programme's components, as well as of scientific and technological evolutions relating to those services, also through the consultation of the advisory User Fora at national and Union level; Amendment 113 Proposal for a regulation Article 28 – paragraph 2 2.  The Commission or, for the tasks referred to in Article 30, the Agency may entrust specific tasks to Member States or national agencies or to groups of these Member States or national agencies. The Member States shall take all the necessary measures to ensure the smooth functioning of the Programme and the promotion of their use, including by helping to protect the frequencies required for this programme. 2.  The Commission or, for the tasks referred to in Article 30, the Agency may entrust specific tasks to Member States or to groups of these Member States, subject to specific case-by-case agreement. The Member States shall take all the necessary measures to ensure the smooth functioning of the Programme and the promotion of their use, including by helping to protect the frequencies required for this programme at an adequate level. Amendment 114 Proposal for a regulation Article 28 – paragraph 2 a (new) 2a.  The Member States shall pursue a proactive and coordinated consultation of end-users’ communities, in particular regarding Galileo, EGNOS and Copernicus, including through advisory User Fora. Amendment 115 Proposal for a regulation Article 29 – paragraph 1 1.  The Commission shall have overall responsibility for the implementation of the Programme, including in the field of security. It shall, in accordance with this Regulation, determine the priorities and long-term evolution of the Programme and shall supervise its implementation, having due regard to its impact on other policies of the Union. 1.  The Commission shall have overall responsibility for the implementation of the Programme and the responsibility in the field of security for the components of the Programme not entrusted to the Agency pursuant to Article 30. It shall, in accordance with this Regulation, determine the priorities and long-term evolution of the Programme and shall supervise its implementation, having due regard to its impact on other policies of the Union. Amendment 116 Proposal for a regulation Article 29 – paragraph 2 2.  The Commission shall manage the component of the Programme where such management is not entrusted to another entity. 2.  The Commission shall manage the component of the Programme where such management is not entrusted to other entities referred to in Articles 30, 31 and 32. Amendment 117 Proposal for a regulation Article 29 – paragraph 3 3.  The Commission shall ensure a clear division of tasks between the various entities involved in the Programme and coordinate the activities of those entities. 3.  The Commission shall ensure a clear division of tasks between the various entities involved in the Programme and coordinate the activities of those entities and shall ensure the full protection of the interest of the Union, the sound management of its funds and the application of its rules, in particular those related to procurement. Therefore the Commission shall conclude with the Agency and the European Space Agency a Financial Framework Partnership agreement, related to the tasks entrusted to the two entities, as referred to in Article 31a. Amendment 118 Proposal for a regulation Article 29 – paragraph 3 a (new) 3a.  Concerning the specific provision on the functioning and the governance of space weather and NEO functions, and GOVSATCOM, the Commission shall adopt delegated acts, in accordance with Article 105. Amendment 119 Proposal for a regulation Article 29 – paragraph 4 – subparagraph 1 When necessary for the smooth functioning of the Programme and the smooth provision of the services provided by the Programme's components, the Commission shall, by means of implementing acts, determine the technical and operational specifications required for the implementation of and evolution of those components and of the services they provide after having consulted users and all the other relevant stakeholders. When determining those technical and operational specifications, the Commission shall avoid reducing the general security level and to meet a backward compatibility imperative. When necessary for the smooth functioning of the Programme and the smooth provision of the services provided by the Programme's components, the Commission shall, by means of delegated acts, determine the high-level requirements for the implementation of and evolution of those components and of the services they provide after having consulted users and all the other relevant stakeholders, including the downstream sector. When determining those high-level requirements, the Commission shall avoid reducing the general security level and to meet a backward compatibility imperative. Amendment 120 Proposal for a regulation Article 29 – paragraph 4 – subparagraph 2 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). Those delegated acts shall be adopted in accordance with Article 21. Amendment 121 Proposal for a regulation Article 29 – paragraph 5 5.  The Commission shall promote and ensure the uptake and use of the data and services provided by the Programme's components in the public and private sectors, including by supporting appropriate development of those services and by fostering a stable long-term environment. It shall develop synergies between the applications of the various components of the Programme. It shall ensure complementarity, consistency, synergies and links between the Programme and other Union actions and programmes. 5.  The Commission shall ensure complementarity, consistency, synergies and links between the Programme and other Union actions and programmes. It shall, in close cooperation with the Agency and, where applicable, the European Space Agency and the Copernicus entrusted entities support and contribute to: —  the activities relating to the uptake and use of the data and services provided by the Programme's components in the public and private sectors; —  the development of synergies between the applications; —  the appropriate development of those services; —  fostering a stable long-term environment. Amendment 122 Proposal for a regulation Article 29 – paragraph 6 6.  Where appropriate, it shall ensure the coordination with activities carried out in the space sector at Union, national and international level. It shall encourage cooperation between the Member States and promote convergence of their technological capacities and developments in the space domain. 6.  Where appropriate and in cooperation with the Agency and the European Space Agency, it shall ensure the coordination with activities carried out in the space sector at Union, national and international level. It shall encourage cooperation between the Member States and promote convergence of their technological capacities and developments in the space domain. Amendment 123 Proposal for a regulation Article 30 – paragraph 1 – point b a (new) (ba)  promote and ensure the uptake and use of the data and services provided by the Programme’s components, including the development of downstream applications and services based on the Programme’s components; Amendment 124 Proposal for a regulation Article 30 – paragraph 1 – point b b (new) (bb)  implement actions in support of an innovative Union Space Sector in accordance with Article 6; Amendment 125 Proposal for a regulation Article 30 – paragraph 1 – point b c (new) (b c)  support access to finance through the financial instruments under Title III and InvestEU, as well as, in cooperation with EIB, through the financial instruments established by the latter addressing in particular SMEs; Amendment 126 Proposal for a regulation Article 30 – paragraph 1 – point c (c)  undertake communication and promotion activities, and activities relating to the commercialisation of the services offered by Galileo and EGNOS; (c)  undertake communication and promotion activities, and activities relating to the commercialisation of the services offered in particular by Galileo, EGNOS, and Copernicus; Amendment 127 Proposal for a regulation Article 30 – paragraph 1 – point c a (new) (ca)  as regards Galileo and EGNOS: managing Galileo and EGNOS, as referred to in Article 43; Amendment 128 Proposal for a regulation Article 30 – paragraph 1 – point d (d)  provide technical expertise to the Commission. (d)  provide technical expertise to the Commission, avoiding duplication with ESA tasks under Article 27 and 31. Amendment 129 Proposal for a regulation Article 30 – paragraph 2 – point a (a)  managing the exploitation of EGNOS and Galileo, as referred to in Article 43; deleted Amendment 130 Proposal for a regulation Article 30 – paragraph 2 – point b a (new) (ba)  provide recommendations to the Commission on the priorities of space domain in Horizon Europe and participate in its implementation; Amendment 131 Proposal for a regulation Article 30 – paragraph 2 – point c (c)  implementing activities relating to the development of downstream applications and services based on the components of the Programme. deleted Amendment 132 Proposal for a regulation Article 30 – paragraph 3 3.  The Commission may entrust other tasks to the Agency, including undertaking communication, promotion, and marketing of data and information activities, as well as other activities related to user uptakes with regard to the Programme's components other than Galileo and EGNOS. 3.  The Commission may entrust other tasks to the Agency, avoiding duplication and on the basis of improved efficiency in the implementation of the Programme’s objectives. Amendment 133 Proposal for a regulation Article 30 – paragraph 3 a (new) 3a.  The Agency may sign partnership agreements or other agreements with national space agencies, a group of national space agencies or other entities for the purpose of fulfilment of its tasks. Amendment 134 Proposal for a regulation Article 30 – paragraph 4 4.  The tasks referred to in paragraphs 2 and 3 shall be entrusted by the Commission by means of a contribution agreement in accordance with [Article 2(18)] and [Title VI] of the Financial Regulation. 4.  The tasks referred to in paragraphs 2 and 3 shall be entrusted by the Commission by means of a contribution agreement in accordance with [Article 2(18)] and [Title VI] of the Financial Regulation and shall be reviewed in accordance with Article 102(6) of this Regulation, in particular regarding the Copernicus component. Amendment 135 Proposal for a regulation Article 30 – paragraph 4 a (new) 4a.  Whenever entrusting tasks to the Agency the Commission shall ensure appropriate funding for their management and execution including adequate human and administrative resources. Amendment 136 Proposal for a regulation Article 31 – paragraph 1 – point a (a)  as regards Copernicus: development, design and construction of the Copernicus space infrastructure, including the operations of that infrastructure; (a)  as regards Copernicus: development, design and construction of the Copernicus space and ground infrastructure, including the operations of that infrastructure; Amendment 137 Proposal for a regulation Article 31 – paragraph 1 – point b (b)  as regards Galileo and EGNOS: systems evolution, development of the ground segment and the design and development of satellites; (b)  as regards Galileo and EGNOS: support to the Agency in the execution of its core tasks. When provided for in specific agreements concluded between the Agency and the European Space Agency, procurement in the name and on behalf of the Agency of systems evolution, design and development of the ground segment and the design and development of the space segment; Amendment 138 Proposal for a regulation Article 31 – paragraph 1 – point c (c)  as regards all the components of the Programme with research and development activities in its fields of expertise. (c)  as regards all the components of the Programme with research and development activities concerning the Programme components infrastructures. Amendment 139 Proposal for a regulation Article 31 – paragraph 1 – point c a (new) (ca)  encouragement of the cooperation between the Member States and promotion of the convergence of their technological capacities and developments in the space segment. Amendment 140 Proposal for a regulation Article 31 – paragraph 2 2.  The Commission shall conclude with the Agency and the European Space Agency a financial framework partnership agreement as provided for in [Article 130] of the Financial Regulation. That financial framework partnership agreement shall: deleted –  clearly define the responsibilities and obligations of the European Space Agency with regard to the Programme; –  require that the European Space Agency complies with the security rules of the Union programme, in particular with regard to the processing of classified information; –  stipulate the conditions of the management of funds entrusted to the European Space Agency, particularly with regard to public procurement, management procedures, the expected results measured by performance indicators, applicable measures in the event of deficient or fraudulent implementation of the contracts in terms of costs, schedule and results, as well as the communication strategy and the rules regarding ownership of all tangible and intangible assets; these conditions shall be in conformity with Titles III and V of this regulation and the Financial Regulation; –  require the participation of the Commission and, when relevant, the Agency in the Tender Evaluation Board meetings of the European Space Agency with regard to the Programme; –  establish the monitoring and control measures, which shall include, in particular, a cost forecast system, the systematic provision of information to the Commission or, where appropriate, to the Agency, on costs and schedule, and in the event of a discrepancy between the planned budgets, performance and schedule, corrective action ensuring performance of the tasks assigned within the limits of the allocated budgets and penalties against the European Space Agency where this discrepancy is directly attributable to it; –  establish the principles for the remuneration of the European Space Agency, which shall be proportionate to the difficulty of the tasks to be carried out, in line with market prices and the fees of the other entities involved, including the Union, and may, where appropriate, be based on performance indicators; those fees shall not cover general overheads which are not associated with the activities entrusted to the European Space Agency by the Union. Amendment 141 Proposal for a regulation Article 31 – paragraph 3 3.  The conclusion of the financial framework partnership agreement referred to in paragraph 2 shall be contingent upon the establishment, within the European Space Agency, of internal structures and of an operational method, in particular for decision-making, management methods and liability, which make it possible to ensure maximum protection for the interests of the Union and to comply with its decisions, including for the activities financed by the European Space Agency, which have an impact on the Programme. deleted Amendment 142 Proposal for a regulation Article 31 – paragraph 4 4.  Without prejudice to the financial framework partnership agreement referred to in paragraph 4, the Commission or the Agency may ask the European Space Agency to provide technical expertise and the information necessary to perform the tasks which are assigned to them by this Regulation. deleted Amendment 143 Proposal for a regulation Article 31 a (new) Article 31 a The financial framework partnership agreement 1.  The Commission shall conclude with the Agency and the European Space Agency a financial framework partnership agreement as provided for in [Article 130] of the Financial Regulation. That financial framework partnership agreement shall: (a)  clearly define the roles, responsibilities and obligations of the Commission, the Agency and the European Space Agency with regard to the Programme; (b)  clearly define the instruments of coordination and control for the implementation ofthe Programme components, taking into consideration the Commission´s roles and responsibilities to carry out overall coordination of the Programme components; (c)  require that the European Space Agency comply with the security rules of the Union programme, in particular with regard to the processing of classified information; (d)  stipulate the conditions of the management of funds entrusted to the European Space Agency, including the application of Union public procurement rules, when procuring in the name and on behalf of the Union, management procedures, the expected results measured by performance indicators, applicable measures in the event of deficient or fraudulent implementation of the contracts in terms of costs, schedule and results, as well as the communication strategy and the rules regarding ownership of all tangible and intangible assets; these conditions shall be in conformity with Titles III and V of this Regulation and with the Financial Regulation; (e)  require the participation of the Commission and, when relevant, the Agency in the Tender Evaluation Board meetings of the European Space Agency with regard to the Programme, where the latter procures in the name and on behalf of the Union pursuant to paragraph 1a; (f)  establish the monitoring and control measures, which shall include, in particular, a cost forecast system, the systematic provision of information to the Commission or, where appropriate, to the Agency, on costs and schedule, and in the event of a discrepancy between the planned budgets, performance and schedule, corrective action ensuring performance of the tasks assigned within the limits of the allocated budgets and penalties against the European Space Agency where this discrepancy is directly attributable to it; (g)  establish the principles for the remuneration of the European Space Agency, taking into consideration its cost model as a public entity, which shall be proportionate to the difficulty of the tasks to be carried out, in line with market prices and the fees of the other entities involved, including the Union, and may, where appropriate, be based on performance indicators; those fees shall not cover general overheads which are not associated with the activities entrusted to the European Space Agency by the Union; (h)  require that the European Space Agency ensures full protection of the interests of the Union and its decisions, which may also lead to the European Space Agency having to adapt its decision-making, management methods and liability provisions. 2.  Without prejudice to the financial framework partnership agreement referred to in Article 31a, the Commission or the Agency may ask the European Space Agency to provide technical expertise and the information necessary to perform the tasks which are assigned to them by this Regulation. The conditions for such requests and their implementation shall be mutually agreed. Amendment 144 Proposal for a regulation Article 32 – title Role of other entities Role of EUMETSAT and other entities Amendment 145 Proposal for a regulation Article 32 – paragraph 1 – introductory part 1.  The Commission may entrust, in full or in part, by means of contribution agreements the implementation of the Programme's components to entities other than those referred to in Article 30 and 31, including : 1.  The Commission may entrust, in full or in part, by means of contribution agreements, the implementation of the following tasks to entities other than those referred to in Article 30 and 31, including : Amendment 146 Proposal for a regulation Article 32 – paragraph 1 – point a (a)  the operation of the Copernicus space infrastructure or parts thereof, which may be entrusted EUMETSAT; (a)  the upgrading and operation of the Copernicus space infrastructure or parts thereof, which may be entrusted EUMETSAT; Amendment 147 Proposal for a regulation Article 32 – paragraph 1 – point b (b)  the implementation of the Copernicus services or parts thereof to relevant agencies, bodies or organisations. (b)  the implementation of the Copernicus services or parts thereof to relevant agencies, bodies or organisations, managing also the relevant third party information acquisition. Amendment 148 Proposal for a regulation Article 32 – paragraph 2 a (new) 2a.  The Commission shall take account of the scientific and technical advice of the Joint Research Centre for the implementation of the Programme. Amendment 149 Proposal for a regulation Article 33 – paragraph 1 – introductory part The security of the Programme should be based on the following principles: The security of the Programme shall be based on the following principles: Amendment 150 Proposal for a regulation Article 33 – paragraph 1 – point a (a)  to take account of the experience of the Member States in the field of security and draw inspiration from their best practices; (a)  to take account of the experience of the Member States in the field of security and draw inspiration from their best practices and national laws; Amendment 151 Proposal for a regulation Article 33 – paragraph 1 – point a a (new) (aa)  to take account of the experience gained in the operation of Galileo, EGNOS and Copernicus; Amendment 152 Proposal for a regulation Article 34 – paragraph 1 – subparagraph 1 – introductory part The Commission, in its field of competence, shall ensure a high degree of security with regard to, in particular: The Commission and the Agency, in their field of competence, shall ensure a high degree of security with regard to, in particular: Amendment 153 Proposal for a regulation Article 34 – paragraph 1 – subparagraph 2 To that end, the Commission shall ensure that a risk and threat analysis is performed for each Programme's component. Based on that risk and threat analysis, it shall determine, by means of implementing acts, for each component of the Programme, the general security requirements. In doing so, the Commission shall take account of the impact of those requirements on the smooth functioning of that component, in particular in terms of cost, risk management and schedule, and shall ensure not to reduce the general level of security or undermine the functioning of the existing equipment based on that component. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). To that end, the Commission shall carry out in consultation with end users in Member States and the relevant entities managing the implementation of a component of the Programme a risk and threat analysis for the Copernicus, SST and GOVSATCOM components. The Agency shall carry out a risk and threat analysis for the Galileo and EGNOS components. Based on that risk and threat analysis, the Commission in consultation with end users in Member States and the relevant entities managing the implementation of a component of the Programme shall determine, by means of implementing acts, for each component of the Programme, the general security requirements. In doing so, the Commission shall take account of the impact of those requirements on the smooth functioning of that component, in particular in terms of cost, risk management and schedule, and shall ensure not to reduce the general level of security or undermine the functioning of the existing equipment based on that component. The general security requirements shall set out the procedures to be followed whenever the security of the Union or its Member States may be affected by the operation of a component. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). Amendment 154 Proposal for a regulation Article 34 – paragraph 2 2.  The entity responsible for the management of a component of the Programme shall be responsible for managing the security of that component and shall, to that end, carry out risk and threat analysis and all the necessary activities to ensure and monitor the security of that component, in particular setting of technical specifications and operational procedures, and monitor their compliance with the general security requirements referred to in paragraph 1. 2.  The Commission shall be responsible for managing the security of the Copernicus, SSA and GOVSATCOM components. The Agency shall be responsible for managing the security of the Galileo and EGNOS components. To that end, they shall carry out all the necessary activities to ensure and monitor the security of the components for which they are responsible, in particular the setting of technical specifications and shall operational procedures, and monitor their compliance with the general security requirements referred to in the third subparagraph of paragraph 1. Amendment 155 Proposal for a regulation Article 34 – paragraph 3 – introductory part 3.  The Agency shall: 3.  The Agency shall furthermore: Amendment 156 Proposal for a regulation Article 34 – paragraph 3 – point d a (new) (da)  ensure the cyber security of the Programme; Amendment 157 Proposal for a regulation Article 34 – paragraph 4 – point a (a)  take measures which are at least equivalent to those necessary for the protection of European critical infrastructures within the meaning of Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection29 and to those necessary for the protection of their own national critical infrastructures in order to ensure the protection of the ground infrastructure on the ground which form an integral part of the Programme and which are located on their territory; (a)  take measures which are at least equivalent to those necessary for the protection of European critical infrastructures within the meaning of Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection29 and to those necessary for the protection of their own national critical infrastructures in order to ensure the protection of the ground infrastructure which form an integral part of the Programme and which are located on their territory; __________________ __________________ 29 OJ L 345, 23.12.2008, p. 75. 29 OJ L 345, 23.12.2008, p. 75. Amendment 158 Proposal for a regulation Article 34 – paragraph 5 5.  The entities involved in the Programme shall take all the measures necessary to ensure the security of the Programme. 5.  The entities involved in the Programme shall take all the necessary measures, also in light of the issues identified in the risk analysis, to ensure the security of the Programme. Amendment 159 Proposal for a regulation Article 38 – paragraph 2 2.  A representative of the European Space Agency shall be invited to attend the meetings of the Security Accreditation Board as an observer. On an exceptional basis, representatives of Union Agencies, third countries or international organisations may also be invited to attend meetings as observers for matters directly relating to those third countries or international organisations, especially matters concerning the infrastructure belonging to them or established on their territory. Arrangements for such participation of representatives of third countries or international organisations and the conditions therefor shall be laid down in the relevant agreements and shall comply with the rules of procedure of the Security Accreditation Board. 2.  A representative of the European Space Agency shall be invited to attend the meetings of the Security Accreditation Board as an observer. On an exceptional basis, representatives of Union Agencies, third countries or international organisations may also be invited to attend meetings as observers especially for matters concerning the infrastructure belonging to them or established on their territory. Arrangements for such participation of representatives of third countries or international organisations and the conditions therefore shall be laid down in the relevant agreements and shall comply with the rules of procedure of the Security Accreditation Board. Amendment 160 Proposal for a regulation Article 43 – paragraph 1 – point b (b)  the management, maintenance, continuous improvement, evolution and protection of the ground-based infrastructure, in particular networks, sites and support facilities, including upgrades and obsolescence management; (b)  the management, maintenance, continuous improvement, evolution and protection of the ground-based infrastructure, including infrastructure located outside Union territory, but necessary for providing Galileo and EGNOS with full coverage of the territories of Member States geographically located in Europe, in particular networks, sites and support facilities, including upgrades and obsolescence management; Amendment 161 Proposal for a regulation Article 43 – paragraph 1 – point c (c)  the development of future generations of the systems and the evolution of the services provided by Galileo and EGNOS, without prejudice to future decisions on the Union financial perspectives; (c)  the development of future generations of the systems and the evolution of the services provided by Galileo and EGNOS, without prejudice to future decisions on the Union financial perspectives, taking into account the needs of relevant stakeholders; Amendment 162 Proposal for a regulation Article 43 – paragraph 1 – point c a (new) (ca)  support the development and evolution of fundamental technological elements, such as Galileo-enabled chipsets and receivers; Amendment 163 Proposal for a regulation Article 43 – paragraph 1 – point c b (new) (cb)  support for development of Galileo and EGNOS downstream applications and integrated downstream applications using both EGNOS/Galileo and Copernicus; Amendment 164 Proposal for a regulation Article 43 – paragraph 1 – point e (e)  the provision and market development of the services provided by Galileo and EGNOS; (e)  the provision and market development of the services provided by Galileo and EGNOS, in particular, in order to maximise the socio-economic benefits referred to in Article 4(1); Amendment 165 Proposal for a regulation Article 45 – paragraph 1 – point c (c)  a safety-of-life (SoL) service, which shall be free of direct user charges and shall provide positioning and synchronisation information with a high level of continuity, availability and accuracy, including an integrity message alerting users to any failure in, or out-of-tolerance signals emitted by, Galileo and other GNSSs which it augments in the coverage area, intended mainly for users for whom safety is essential, in particular in the sector of civil aviation for the purpose of air navigation services. (c)  a safety-of-life (SoL) service, which shall be free of direct user charges and shall provide positioning and time synchronisation information with a high level of continuity, availability, accuracy and integrity. That service is provided in compliance with the EASA Regulation to ensure aviation safety requirements are met, including an integrity message alerting users to any failure in, or out-of-tolerance signals emitted by, Galileo and other GNSSs which it augments in the coverage area, intended mainly for users for whom safety is essential, in particular in the sector of civil aviation for the purpose of air navigation services. Amendment 166 Proposal for a regulation Article 45 – paragraph 2 – subparagraph 1 The services referred to in paragraph 1 shall be provided as a priority on the territory of Member States geographically located in Europe. The services referred to in paragraph 1 shall be provided as a priority on the territory of Member States geographically located in Europe with the aim of covering the continental territories by the end of 2023 and all territories by the end of 2025. Amendment 167 Proposal for a regulation Article 45 – paragraph 3 3.  The cost of such extension, including the related operating costs specific to these regions, shall not be covered by the budget referred to in Article 11. Such extension shall not delay the offering of the services referred to in paragraph 1 throughout the territory of Member States geographically located in Europe. 3.  The cost of such extension, including the related operating costs specific to these regions, shall not be covered by the budget referred to in Article 11, but the Commission shall consider the exploitation of partnership programmes and agreements and, if appropriate, the development of a specific financial instrument to support them. Such extension shall not delay the offering of the services referred to in paragraph 1 throughout the territory of Member States geographically located in Europe. Amendment 168 Proposal for a regulation Article 47 – title Compatibility and interoperability Compatibility, interoperability and standardisation Amendment 169 Proposal for a regulation Article 47 – paragraph 2 2.  Galileo and EGNOS, and the services which they provide, shall be compatible and interoperable with other satellite navigation systems and with conventional means of radio navigation, where the necessary compatibility and interoperability requirements are laid down in international agreements. 2.  Galileo and EGNOS, and the services which they provide, shall be mutually compatible and interoperable with other satellite navigation systems and with conventional means of radio navigation, where the necessary compatibility and interoperability requirements are laid down in international agreements. Amendment 170 Proposal for a regulation Article 47 – paragraph 2 a (new) 2a.  Galileo and EGNOS shall strive to comply with international standards and certifications. Amendment 171 Proposal for a regulation Article 48 – paragraph 1 1.  Copernicus shall be implemented building on prior Union investments and, where appropriate, drawing on the national or regional capacities of Member States and taking into account the capacities of commercial suppliers of comparable data and information and the need to foster competition and market development. 1.  Copernicus shall be implemented building on prior Union, European Space Agency and EUMETSAT investments and, where appropriate, drawing on the national or regional capacities of Member States and taking into account the capacities of commercial suppliers of comparable data and information and the need to foster competition and market development. Amendment 172 Proposal for a regulation Article 48 – paragraph 2 2.  Copernicus shall deliver data and information pursuing a full, free and open data policy. 2.  Copernicus shall deliver data and information based on a full, free and open data policy. Amendment 173 Proposal for a regulation Article 48 – paragraph 3 – point a – indent 1 –  the development and operations of the Copernicus Sentinels; –  the development and operations of the Copernicus Sentinel satellites; Amendment 174 Proposal for a regulation Article 48 – paragraph 3 – point c (c)  data access and distribution component, which shall include infrastructure and services to ensure the discovery, viewing, access to, distribution and exploitation of Copernicus data and Copernicus information; (c)  data access and distribution component, which shall include infrastructure and services to ensure the discovery, viewing, long-term archiving, access to, distribution and exploitation of Copernicus data and Copernicus information, in a user-friendly manner; Amendment 175 Proposal for a regulation Article 48 – paragraph 3 – point d (d)  user uptake and market development component in accordance with Article 29(5), which shall include relevant activities, resources and services to promote Copernicus, its data and services at all levels to maximise socio-economic benefits which are referred to in Article 4(1). (d)  user uptake, capacity building and market development component in accordance with Article 29(5), which shall include relevant activities, resources and services to promote Copernicus, its data and services at all levels to maximise socio-economic benefits which are referred to in Article 4(1). Amendment 176 Proposal for a regulation Article 48 – paragraph 4 4.  Copernicus shall promote the international coordination of observation systems and related exchanges of data in order to strengthen its global dimension and complementarity taking account of existing international agreements and coordination processes. 4.  Copernicus shall promote the international coordination of observation systems and related exchanges of data in order to strengthen its global dimension and complementarity taking account of existing and future international agreements and coordination processes. Amendment 177 Proposal for a regulation Article 49 – title Data acquisition Eligible actions Amendment 178 Proposal for a regulation Article 49 – paragraph 1 – point a (a)  actions to provide continuity of existing Sentinel missions and to develop, launch, maintain and operate further Sentinels expanding the observation scope, giving priority to: observation capacities for monitoring anthropogenic CO2 and other greenhouse gas emissions, allowing for polar coverage and enabling innovative environmental applications in agriculture, forest and water management domains; (a)  actions to provide continuity of existing Sentinel missions and to develop, launch, maintain and operate further Sentinels expanding the observation scope, such as: observation capacities for monitoring anthropogenic CO2 and other greenhouse gas emissions, allowing for polar coverage and enabling innovative environmental applications in agriculture, forest and water management domains; Amendment 179 Proposal for a regulation Article 49 – paragraph 1 – point b (b)  actions to provide access to third-party data necessary to generate Copernicus services or for use by the Union's institutions, agencies and decentralised services; (b)  actions to provide access to third-party data necessary to generate Copernicus services or for use by core users, giving priority to data provided and/or funded by public entities in Member States, such as national agencies; Amendment 180 Proposal for a regulation Article 49 – paragraph 1 – point c a (new) (ca)  support for development of relevant Copernicus downstream applications and services. Amendment 181 Proposal for a regulation Article 50 – paragraph 1 – introductory part Copernicus shall include actions in support of the following services: Copernicus shall include actions in support of the following core services: Amendment 182 Proposal for a regulation Article 50 – paragraph 1 – point a – indent 3 –  land monitoring and agriculture to provide information on land cover, land use and land use change, urban areas, inland water quantity and quality, forests, agriculture and other natural resources, biodiversity and cryosphere; –  land monitoring and agriculture to provide information on land cover, land use and land use change, soil quality, desertification, cultural heritage sites, inland water quantity and quality, forests and in particular deforestation, agriculture and other natural resources, biodiversity and cryosphere; Member States will be able to use the information and data resulting from monitoring of the agricultural area regarding the degree of land cover and farmland utilisation, so as to further reduce the administrative burden of granting farm subsidies; Amendment 183 Proposal for a regulation Article 50 – paragraph 1 – point a – indent 4 a (new) –   mapping farmland in need of irrigation, crop forecasts and land use, and ensuring better food safety and quality by safeguarding the environment; Amendment 184 Proposal for a regulation Article 50 – paragraph 1 – point a – indent 4 b (new) –   monitoring fishing activities, to ensure better food safety and quality by safeguarding the environment; Amendment 185 Proposal for a regulation Article 50 – paragraph 1 – point a a (new) (aa)  Monitoring support for Union policy implementation; Amendment 186 Proposal for a regulation Article 53 – paragraph 1 – introductory part The SST component shall support the following activities: The SST programme aims at progressively equipping the Union with an autonomous SST capability. The SST component shall support the following activities: Amendment 187 Proposal for a regulation Article 53 – paragraph 1 – point a (a)  the establishment, development and operation of a network of ground-based and/or space-based sensors of the Member States, including sensors developed through the European Space Agency and nationally operated Union sensors, to survey and track objects and to produce a European catalogue of space objects adapted to the needs of the users referred to in Article 55; (a)  the establishment, development and operation of a network of ground-based and/or space-based sensors of the Member States or of the Union, including sensors developed through the European Space Agency and nationally operated Union sensors, to survey and track objects and to produce a European catalogue of space objects adapted to the needs of the users referred to in Article 55; Amendment 188 Proposal for a regulation Article 56 – paragraph 1 – subparagraph 1 – introductory part Member States wishing to participate in the delivery of SST services referred to in Article 54 shall submit a joint proposal to the Commission demonstrating compliance with the following criteria: Member States wishing to participate in the delivery of SST services referred to in Article 54 shall submit a single or joint proposal to the Commission demonstrating compliance with the following criteria: Amendment 189 Proposal for a regulation Article 57 – paragraph 8 8.  The Commission shall adopt, by implementing acts, detailed rules on the functioning of the organisational framework of the participation of Member States in SST. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). 8.  The Commission shall adopt delegated acts in accordance with Article 105 concerning the specific provision, detailed rules on the functioning of the organisational framework of the participation of Member States in SST. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). Amendment 190 Proposal for a regulation Article 58 a (new) Article 58a Monitoring of supply and demand for SST Before 31 December 2024, the Commission shall evaluate the implementation of the SST component, in particular as regards the evolution of the user needs in relation to the ground based and space based sensors capacity, and shall complete the production of the European catalogue provided for in Article 53(1a). The evaluation shall, in particular, examine the need for additional space and ground infrastructures. The evaluation shall be accompanied, if necessary, by an appropriate proposal for the development of additional space and ground infrastructures under the SST component. Amendment 191 Proposal for a regulation Article 60 – paragraph 1 – point c a (new) (ca)  the creation of a European catalogue of NEO. Amendment 192 Proposal for a regulation Article 61 – paragraph 1 – introductory part Under the GOVSATCOM component satellite communication capacities and services shall be combined into a common Union pool of satellite communication capacities and services. This component comprises: Under the GOVSATCOM component satellite communication capacities and services shall be combined into a common Union pool of satellite communication capacities and services with appropriate security requirements. This component may comprise: Amendment 193 Proposal for a regulation Article 61 – paragraph 1 – point a (a)  the development, construction, and operations of the ground segment infrastructure; (a)  the development, construction, and operations of the ground and space segment infrastructure; Amendment 194 Proposal for a regulation Article 62 – paragraph 3 3.  The Commission shall adopt, by means of implementing acts, the service portfolio for services provided under GOVSATCOM, in the form of a list of categories of satellite communication capacities and services and their attributes, including geographic coverage, frequency, bandwidth, user equipment, and security features. Those measures shall be based on the operational and security requirements referred to in paragraph 1 and shall prioritise services provided to users at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). 3.  The Commission shall adopt, by means of implementing acts, the service portfolio for services provided under GOVSATCOM, in the form of a list of categories of satellite communication capacities and services and their attributes, including geographic coverage, frequency, bandwidth, user equipment, and security features. Those measures shall be based on the operational and security requirements referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 107(3). Amendment 195 Proposal for a regulation Article 62 – paragraph 3 a (new) 3a.  The service portfolio referred to in paragraph 3 shall take into consideration existing commercially available services in order not to distort competition in the internal market. Amendment 196 Proposal for a regulation Article 63 – paragraph 1 – point b (b)  legal persons duly accredited to provide satellite capacities or services in accordance with the security accreditation procedure in Article 36, based on the specific security requirements for the GOVSATCOM component referred to in Article 34 (1). (b)  legal persons duly accredited to provide satellite capacities or services in accordance with the security accreditation procedure in Article 36. Amendment 197 Proposal for a regulation Article 63 – paragraph 1 – point b a (new) (ba)  The providers of satellite communication capacities or services under this component shall comply with the specific security requirements for the GOVSATCOM component determined in accordance with Article 34(1). Amendment 198 Proposal for a regulation Article 65 – paragraph 1 1.  Pooled satellite communication capacities, services and user equipment shall be shared and prioritised between GOVSATCOM participants on the basis of an analysis of security risks by the users at Union and Member State level. This sharing and prioritisation shall prioritise users at Union level. 1.  Pooled satellite communication capacities, services and user equipment shall be shared and prioritised between GOVSATCOM participants on the basis of an analysis of security risks by the users at Union and Member State level. Amendment 199 Proposal for a regulation Article 66 – paragraph 1 a (new) 1a.  GOVSATCOM Hubs shall take into consideration existing commercially available services existing in order not to distort competition in the internal market. Amendment 200 Proposal for a regulation Article 69 – paragraph 1 Before the end of 2024, the Commission shall evaluate the implementation of the GOVSATCOM component, notably as regards the evolution of the user needs in relation to the satellite communication capacity. The evaluation shall in particular examine the need for additional space infrastructure. The evaluation shall be accompanied, if necessary, by an appropriate proposal for the development of additional space infrastructure under the GOVSATCOM component. Before the end of 2024, the Commission shall, in cooperation with the responsible entities, evaluate the implementation of the GOVSATCOM component, notably as regards the evolution of the user needs in relation to the satellite communication capacity. The evaluation shall in particular examine the need for additional space infrastructure. The evaluation shall be accompanied, if necessary, by an appropriate proposal for the development of additional space infrastructure under the GOVSATCOM component. Amendment 201 Proposal for a regulation Article 71 – paragraph 1 The seat of the Agency shall be located in Prague (Czech Republic). The seat of the Agency shall be located in Prague (Czech Republic). In accordance with the needs of the Programme, the Agency's local offices may be established, as laid down in Article 79(2). Amendment 202 Proposal for a regulation Article 73 – paragraph 4 4.  The members and alternate members of the Administrative Board shall be appointed in light of their knowledge in the field of the Agency's core tasks, taking into account relevant managerial, administrative and budgetary skills. The European Parliament, the Commission and the Member States shall endeavour to limit changes of their representatives on the Administrative Board, in order to ensure continuity of the Board's activities. All parties shall aim to achieve a balanced representation between men and women on the Administrative Board. 4.  The members and alternate members of the Administrative Board shall be appointed in light of their knowledge in the field of the Agency's tasks, taking into account relevant managerial, administrative and budgetary skills. The European Parliament, the Commission and the Member States shall endeavour to limit changes of their representatives on the Administrative Board, in order to ensure continuity of the Board's activities. All parties shall aim to achieve a balanced representation between men and women on the Administrative Board. Amendment 203 Proposal for a regulation Article 73 – paragraph 5 5.  The term of office of the members of the Administrative Board and their alternate shall be four years, renewable once. 5.  The term of office of the members of the Administrative Board and their alternates shall be four years, renewable. Amendment 204 Proposal for a regulation Article 75 – paragraph 3 3.  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 one third of its members. 3.  The Administrative Board shall hold an ordinary meeting at least twice a year. In addition, it shall meet on the initiative of its Chairperson or at the request of at least one third of its members. Amendment 205 Proposal for a regulation Article 75 – paragraph 5 5.  [For any component of the Programme which entails the use of sensitive national infrastructure, only the representatives of Member States which possess such infrastructure and the representative of the Commission may attend the meetings and deliberations of the Administrative Board and take part in voting. Where the Chairperson of the Administrative Board does not represent one of the Member States which possess such infrastructure, he/she shall be replaced by the representatives of a Member States which possesses such infrastructure.] 5.  [For any component of the Programme which entails the use of sensitive national infrastructure, the representatives of Member States and the representative of the Commission may attend the meetings and deliberations of the Administrative Board, but only those representatives of Member States which possess such infrastructure are to take part in voting. Where the Chairperson of the Administrative Board, does not represent one of the Member States which possess such infrastructure, he/she shall be replaced by the representatives of a Member States which possesses such infrastructure.] Amendment 206 Proposal for a regulation Article 77 – paragraph 2 – point a a (new) (aa)  adopt, by 30 June of the first year of the multiannual financial framework provided for under Article 312 of the Treaty on the Functioning of the European Union, the multiannual work programme of the Agency for the period covered by that multiannual financial framework after incorporating, without any change, the section drafted by the Security Accreditation Board in accordance with point (a) of Article 80 and after having received the Commission’s opinion. The European Parliament shall be consulted on the multiannual work programme; Amendment 207 Proposal for a regulation Article 77 – paragraph 2 – point d a (new) (da)  adopt transparency rules on industrial contracts and be regularly informed of them by the Executive Director; Amendment 208 Proposal for a regulation Article 79 – paragraph 1 – point c a (new) (ca)  comply with the transparency rules on industrial contracts and inform the Administrative Board; Amendment 209 Proposal for a regulation Article 79 – paragraph 2 2.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. Before deciding to establish a local office the Executive Directive shall obtain the prior approval of the Commission, the Administrative Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. A headquarters agreement with the Member State(s) concerned may be required. 2.  The Executive Director shall decide whether it is necessary to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. Before deciding to establish a local office the Executive Directive shall obtain the prior approval of the Administrative Board and the Member State(s) concerned. The decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency. A headquarters agreement with the Member State(s) concerned may be required. Where possible, the impact in terms of staff allocation and budget shall be incorporated in the annual work programme, and in any event this project shall be notified to the budgetary authority in accordance with Article 84(11). Amendment 210 Proposal for a regulation Article 88 – paragraph 3 a (new) 3 a.  The Agency’s staff shall be remunerated from the Agency’s own resources and, where necessary for the execution of the Agency’s delegated tasks, through the use of budget delegated by the Commission. Amendment 211 Proposal for a regulation Article 89 – paragraph 1 – subparagraph 2 The Executive Director shall be appointed by the Administrative Board on grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following the publication of a call for expressions of interest in the Official Journal of the European Union or elsewhere. The Executive Director shall be appointed by the Administrative Board on 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 and transparent competition, following the publication of a call for expressions of interest in the Official Journal of the European Union or elsewhere. Amendment 212 Proposal for a regulation Article 89 – paragraph 2 – subparagraph 2 On the basis of a proposal from the Commission, taking into account the assessment referred to in the first subparagraph, the Administrative Board may extend the term of office of the Executive Director once for a period of up to four years. On the basis of a proposal from the Commission, taking into account the assessment referred to in the first subparagraph, the Administrative Board may extend the term of office of the Executive Director once for a period of up to five years. Amendment 213 Proposal for a regulation Article 92 – title Headquarters agreement and operating conditions Headquarters and Local Offices agreement and operating conditions Amendment 214 Proposal for a regulation Article 92 – paragraph 1 1.  Necessary arrangements concerning the accommodation to be provided for the Agency in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Administrative Board, Agency staff and members of their families shall be laid down in a Headquarters Agreement between the Agency and Member State where the seat is located, concluded after obtaining the approval of the Administrative Board. 1.  Necessary arrangements concerning the accommodation to be provided for the Agency in the host Member States and the facilities to be made available by that Member States together with the specific rules applicable in the host Member States to the Executive Director, members of the Administrative Board, Agency staff and members of their families shall be laid down in a Headquarters and Local Offices Agreement between the Agency and Member State where the seat or the local infrastructure is located, concluded after obtaining the approval of the Administrative Board. Amendment 215 Proposal for a regulation Article 98 – paragraph 1 1.  The Agency shall be open to the participation of third countries that have entered into agreements with the Union to this effect. 1.  The Agency shall be open to the participation of third countries and international organisations that have entered into agreements with the Union to this effect. Amendment 216 Proposal for a regulation Article 101 – paragraph 1 a (new) 1a.   The Commission shall define a methodology to provide for qualitative indicators for an accurate assessment of the progress towards achieving the general objectives set out in points (a), (b) and (c) of Article 4(1). On the basis of that methodology the Commission shall complement the Annex, at the latest by 1 January 2021. Amendment 217 Proposal for a regulation Article 102 – paragraph 2 2.  The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the programme, but no later than four years after the start of the programme implementation. 2.  The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the programme, but no later than three years after the start of the programme implementation. A specific section of this evaluation shall be dedicated to the governance of the Programme aimed at providing information as to whether amendments to tasks and competences entrusted to the different actors of the Programme are needed. Amendment 218 Proposal for a regulation Article 102 – paragraph 4 4.  The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. 4.  The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and if appropriate may accompany the evaluation with a new legislative proposal. Amendment 219 Proposal for a regulation Article 102 – paragraph 6 – subparagraph 1 By 30 June 2024, and every five years thereafter, the Commission shall assess the Agency’s performance, in relation to its objectives, mandate, tasks and location, in accordance with Commission guidelines. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification. It shall also address the Agency’s policy on conflicts of interest and the independence and autonomy of the Security Accreditation Board. By 30 June 2024, and every three years thereafter, the Commission shall assess the Agency’s performance, in relation to its objectives, mandate, tasks and location, in accordance with Commission guidelines. The evaluation shall address the possible need to modify the mandate of the Agency, in particular regarding the possibility to entrust it with additional tasks, in accordance with Article 30, and the financial implications of any such modification. It shall also address the Agency’s policy on conflicts of interest and the independence and autonomy of the Security Accreditation Board. Amendment 220 Proposal for a regulation Article 105 – paragraph 2 2.  The power to adopt delegated acts referred to in Articles 52 and 101 shall be conferred on the Commission for an indeterminate period until 31 December 2028. 2.  The power to adopt delegated acts referred to in Articles 52 and 101 shall be conferred on the Commission until 31 December 2028. Amendment 221 Proposal for a regulation Article 107 – paragraph 1 1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1.  The Commission shall be assisted by a committee, which meets in specific configurations/ subcommittees dedicated to each main components of the Programme (Galileo and EGNOS, Copernicus, SSA, GOVSATCOM). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Amendment 222 Proposal for a regulation Article 107 – paragraph 3 a (new) 3a.  International agreements concluded by the Union may provide for the involvement, as appropriate, of representatives of third countries or international organisations in the work of the Committee under the conditions laid down in its rules of procedures, taking into account the security of the Union.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0405/2018).

Amendments adopted by the European Parliament on 13 December 2018 on the proposal for a regulation of the European Parliament and of the Council establishing the Digital Europe programme for the period 2021-2027 (COM(2018)0434 – C8-0256/2018 – 2018/0227(COD))(1)

P8_TA(2018)0521 A8-0408/2018

(Ordinary legislative procedure: first reading)

Draft legislative resolution   Amendment Amendment 1 Draft legislative resolution Citation 3 a (new) –   having regard to the resolution of the European Parliament of 17 May 2017 on FinTech: the influence of technology on the future of the financial sector, Amendment 2 Proposal for a regulation Recital 4 (4)  Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 88 of Council Decision / /EU53], persons and entities established in overseas countries and territories (OCTs) should be eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. (4)  Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 88 of Council Decision / /EU53], persons and entities established in overseas countries and territories (OCTs) should be eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. The constraints relating to the participation of overseas countries or territories must be taken into account when implementing the Programme, and their effective participation in the Programme must be monitored and regularly evaluated. _________________ _________________ 53 Council Decision / /EU. 53 Council Decision / /EU. Amendment 3 Proposal for a regulation Recital 5 (5)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201654 , there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. (5)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201654 , there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, correlated to existing needs and complying with Regulation (EU) 2016/679 of the European Parliament and of the Council54a, while avoiding overregulation and administrative burdens for all beneficiaries, in particular on Member States and SMEs. These requirements should, where appropriate, include measurable quantitative and qualitative indicators, as a basis for evaluating the effects of the Programme on the ground. __________________ __________________ 54 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1. 54 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1. 54a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). Amendment 4 Proposal for a regulation Recital 5 a (new) (5a)  The Programme should ensure utmost transparency, accountability and democratic scrutiny of innovative financial instruments and mechanisms that involve the Union budget, especially as regards their contribution, both as regards initial expectations and end results made towards achieving Union objectives. Amendment 5 Proposal for a regulation Recital 6 (6)  The Tallinn Digital Summit55 of September 2017 and the Conclusions of the European Council56 of 19 October 2017 indicated the need for Europe to invest in digitising our economies and addressing the skills gap to maintain and enhance European competitiveness, our quality of life and social fabric. The European Council concluded that the digital transformation offers immense opportunities for innovation, growth and jobs, will contribute to our global competitiveness, and enhance creative and cultural diversity. Seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation. (6)  The Tallinn Digital Summit55 of September 2017 and the Conclusions of the European Council56 of 19 October 2017 indicated the need for Europe to invest in efficient digitalisation of our economies and addressing the skills gap to maintain and enhance European competitiveness and innovation, our quality of life and social fabric. The European Council concluded that the digital transformation offers immense opportunities for innovation, growth and jobs, will contribute to our global competitiveness, and enhance creative and cultural diversity. Seizing these opportunities requires collectively tackling the challenges posed by the digital transformation in several ways, including by ensuring that the essential building blocks on which new technologies rely are put in place, by creating effective and easily enforceable legal rules, by reviewing policies affected by the digital transformation, and by creating an innovation-friendly environment in which the interests of users are fully safeguarded. Optimally, the financial envelope for this Programme, a European level effort, shall be increased by significant private sector funds and contributions from the Member States. __________________ __________________ 55 https://www.eu2017.ee/news/insights/conclusions-after-tallinn-digital-summit 55 https://www.eu2017.ee/news/insights/conclusions-after-tallinn-digital-summit 56 https://www.consilium.europa.eu/media/21620/19-euco-final-conclusions-en.pdf 56 https://www.consilium.europa.eu/media/21620/19-euco-final-conclusions-en.pdf Amendment 6 Proposal for a regulation Recital 6 a (new) (6a)  The future of European society and the European economy will strongly rely on a harmonised and consistent spectrum policy, on 5G infrastructure, which will require an infrastructure objective regarding VHC networks, with the aim of providing high-quality and faster communication services; this is a prerequisite for the good implementation of the Programme. In this regard, the Programme should benefit of the good implementation of Connecting Europe Facility and in particular the Wif4EU initiative aiming to promote connectivity for citizens in the Union’s public spaces; the combination of those two programmes will maximise output and deliver on the Union targets of deliver reliable and consistent high-speed network coverage across the Union. Amendment 7 Proposal for a regulation Recital 7 (7)  The European Council concluded in particular that the Union should urgently address emerging trends: this includes issues such as artificial intelligence and distributed ledgers technologies (e.g. blockchain), while at the same time ensuring a high level of data protection, digital rights and ethical standards. The European Council invited the Commission to put forward a European approach to artificial intelligence by early 2018 and called on the Commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the EU to explore new markets through risk-based radical innovations and to reaffirm the leading role of its industry. (7)  The European Council concluded in particular that the Union should urgently address emerging trends: this includes issues such as digital divide, artificial intelligence, while at the same time ensuring a high level of data protection in full compliance with Regulation (EU) 2016/679, rights, fundamental rights and ethical standards. The European Council invited the Commission to put forward a European approach to artificial intelligence by early 2018 and called on the Commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the EU to explore new markets through risk-based radical innovations and to reaffirm the leading role of its industry. Amendment 8 Proposal for a regulation Recital 7 a (new) (7a)   On 10 April 2018, Member States expressed their support and a joint will to cooperate together on initiatives on artificial intelligence and distributed ledger technologies (for example blockchain) infrastructure services by signing cooperation agreements. Amendment 9 Proposal for a regulation Recital 7 b (new) (7b)   For a successful implementation of this Programme, more is needed than following the trends. The Union needs to be committed to privacy-enabling technologies (i.e. cryptography and decentralised applications (DApps)) as well as increased investments in future-proof infrastructure (fibre-optic) networks) to enable a self-determined digitalised society. Amendment 10 Proposal for a regulation Recital 7 c (new) (7c)   Europe has to make decisive investments in its future, building strategic digital capacities in order to benefit from the digital revolution. A substantial budget (of at least EUR 9,2 billion) must be ensured at EU level for this purpose, which must be complemented by sizable investment efforts at national and regional level, namely with a consistent and complementary relationship with structural and cohesion funds. Amendment 11 Proposal for a regulation Recital 8 (8)  The Commission's Communication on 'A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020'57 outlines among the options for the future financial framework a programme for Europe's digital transformations to deliver 'strong progress towards smart growth in areas such as high quality data infrastructure, connectivity and cybersecurity'. It would seek to secure European leadership in supercomputing, next generation internet, artificial intelligence, robotics and big data. It would reinforce the competitive position of industry and businesses in Europe across the digitised economy and would have a significant impact on filling the skills gap across the Union. (8)  The Commission's Communication on 'A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020'57 outlines among the options for the future financial framework a programme for Europe's digital transformations to deliver 'strong progress towards smart growth in areas such as high quality data infrastructure, connectivity cybersecurity and digitalization of public administrations. It would seek to secure European leadership in supercomputing, next generation internet, artificial intelligence, robotics and big data. It would reinforce the competitive position of industry and businesses in Europe across the digitised economy and would have a significant impact on bridging and filling the skills gap across the Union ensuring that European citizens have the necessary skills, competences and knowledge to face the digital transformation. __________________ __________________ 57 COM(2018)0098. 57 COM(2018)0098. Amendment 12 Proposal for a regulation Recital 8 a (new) (8a)   Whereas in view of the delay in developing the Union's strategic digital capacities and the efforts made to remedy this, a budget commensurate with the ambitions of this programme and of at least EUR 9,2 billion should be guaranteed. Amendment 13 Proposal for a regulation Recital 9 (9)  The Communication “Towards a common European data space”58 , addresses the new measure to be taken as a key step towards a common data space in the EU - a seamless digital area with a scale that will enable the development of new products and services based on data. (9)  The Communication “Towards a common European data space”58 , addresses the new measure to be taken as a key step towards a common data space in the EU - a seamless digital area with a scale that will enable the development and innovation of new products and services based on data. _________________ _________________ 58 COM(2018)0125 58 COM(2018)0125 Amendment 14 Proposal for a regulation Recital 9 a (new) (9a)   The Next Generation Internet initiative launched by the European Commission in 2017 should also provide ground for the implementation of the Programme as it aims towards a more open Internet with better services, more intelligence, greater involvement and participation, addressing technological opportunities arising from advances in various research fields, extending from new network architectures and software-defined infrastructures to new concepts for services and applications. Amendment 15 Proposal for a regulation Recital 10 (10)  The general objective of the Programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation, research and technological development, for the benefit of businesses and citizens all over the Union. The programme should be structured into five Specific Objectives reflecting key policy areas, namely: high-performance computing, cybersecurity, artificial intelligence, advanced digital skills, and deployment, best use of digital capacities and interoperability. For all these areas, the Programme should also aim at better aligning Union, Member States and regional policies, and pooling of private and industrial resources in order to increase investment and develop stronger synergies. (10)  The general objective of the Programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation, research and technological development as well as to modernise specific sectors of public interest, for the benefit of businesses, especially SMEs, and citizens all over the Union. Furthermore, the Programme should strengthen the Union's competiveness and the resilience of its economy. Amendment 16 Proposal for a regulation Recital 10 a (new) (10a)   There is a pressing need to support SMEs intending to harness the digital transformation in their production processes. Digital research and innovation will allow SMEs to contribute to the growth of the European economy through an efficient use of resources. Amendment 17 Proposal for a regulation Recital 10 b (new) (10b)  The Programme should be structured into five specific objectives reflecting key policy areas, namely: (a) high-performance computing, (b) artificial intelligence and distributed ledger technologies, (c) cybersecurity, (d) advanced digital skills, and (e) deployment, best use of digital capacities and interoperability. For all these areas, the Programme should also aim at better aligning Union, Member States and regional policies, and pooling of private and industrial resources in order to increase investment and develop stronger synergies. Amendment 18 Proposal for a regulation Recital 10 c (new) (10c)  Together with the general objective of digital transformation, the Programme should contribute to ensuring long-term strategic security objectives by building capacities and capabilities in the Union, giving priority to actions that increase the strategic potential and limit dependence on third countries suppliers and products, thereby securing the Union's economic and innovative competitiveness. Amendment 19 Proposal for a regulation Recital 11 (11)  A central role in the implementation of the Programme should be attributed to Digital Innovation Hubs, which should stimulate the broad adoption of advanced digital technologies by industry, by public organisations and academia. A network of Digital Innovation Hubs should ensure the widest geographical coverage across Europe59 . A first set of Digital Innovation Hubs will be selected based on Member States’ proposals and then the network will be enlarged through an open and competitive process. The Digital Innovation Hubs will serve as access points to latest digital capacities including high performance computing (HPC), artificial intelligence, cybersecurity, as well as other existing innovative technologies such as Key Enabling Technologies, available also in fablabs or citylabs. They shall act as single-entry points in accessing tested and validated technologies and promote open innovation. They will also provide support in the area of advanced digital skills. The network of Digital Innovation Hubs should also contribute to the participation of the outermost regions in the Digital Single Market. (11)  A central role in the implementation of the Programme should be attributed to European Digital Innovation Hubs, which should stimulate the broad adoption of advanced digital technologies by industry including SMEs , by public organisations and academia. A network of European Digital Innovation Hubs should ensure the widest geographical coverage across Europe59 . A first set of European Digital Innovation Hubs will be selected based on Member States’ proposals and then the network will be enlarged through an open, transparent and competitive process. The European Digital Innovation Hubs will serve as access points to latest digital capacities including high performance computing (HPC), artificial intelligence, cybersecurity, as well as other existing innovative technologies such as Key Enabling Technologies, available also in fablabs or citylabs. They shall act as one-stop-shops in accessing tested and validated technologies and promote open innovation. They will also provide support in the area of advanced digital skills. The network of European Digital Innovation Hubs should also contribute to the participation of the outermost regions in the Digital Single Market and support the digital transformation in the overseas countries and territories. __________________ __________________ 59 As indicated in the Communication on Digitising European Industry (COM(2016)0180) 59 As indicated in the Communication on Digitising European Industry (COM(2016)0180) Amendment 20 Proposal for a regulation Recital 11 a (new) (11a)  In order to create synergies between investments under this Programme and Union research and development investments , in particular those under the Horizon Europe programme, European Digital Innovation Hubs should act as a platform to bring together industry, business and administrations which are in need of new technology solutions on one side, with companies, notably start-ups and SMEs, that have market-ready solutions on the other side. Amendment 21 Proposal for a regulation Recital 11 b (new) (11b)  The planning, development and procurement of the programme should be carried out with a view to enhancing Union capacities and competitiveness in the medium and long term. Priority should be given to actions that increase the strategic potential and competiveness of the Union which aim at limit the dependence on third countries suppliers and products. The participation of third countries to specific objectives of the Programme should therefore depend on the contribution such countries would make to the Union. Amendment 22 Proposal for a regulation Recital 12 (12)  The Programme should be implemented through projects reinforcing essential digital capacities and their wide use. This should involve co-investments with Member States and, when needed, the private sector. This should notably require reaching a critical mass in procurement to obtain better value for money and guarantee that suppliers in Europe stay at the forefront of technology advancements. (12)  The Programme should be implemented through projects reinforcing essential digital capacities and the Union's strategic autonomy. To this end the programme should ensure an EU budget of at least EUR 9,2 billion complemented with co-investments from Member States and/or the private sector. This should notably require reaching a critical mass in procurement to obtain better value for money and guarantee that suppliers in Europe reach the forefront of technology advancements. Amendment 23 Proposal for a regulation Recital 14 (14)  The Programme's actions should be used to address market failures or sub-optimal investment situations, in a proportionate manner, without duplicating or crowding out private financing and have a clear European added value. (14)  The Programme's actions should be used to reinforce and extend the Union's digital base, tackle major societal challenges, further raise the Union's digital industrial competences, as well as address market failures or sub-optimal investment situations, in a proportionate manner, without duplicating or crowding out private financing and have a clear European added value. Amendment 24 Proposal for a regulation Recital 15 (15)  To achieve maximum flexibility throughout the lifetime of the programme and develop synergies between its components, each of the specific objectives may be implemented through all instruments available under the Financial Regulation. The delivery mechanisms to be used are direct management and indirect management when Union financing should be combined with other sources of financing or when execution requires the setup of commonly governed structures. (15)  To achieve maximum flexibility throughout the lifetime of the programme and develop synergies between its components, each of the specific objectives may be implemented through all instruments available under the Financial Regulation. The delivery mechanisms to be used are direct management and indirect management when Union financing should be combined with other sources of financing or when execution requires the setup of commonly governed structures. In cases of indirect management, the Commission will ensure that all quality and safety standards required for the direct management of the programme are maintained and respected. Amendment 25 Proposal for a regulation Recital 16 (16)  The high performance computing and the related data processing capacities in the Union should allow to ensure wider use of high performance computing by industry and, more generally, in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health, environment and security as well as competitiveness of industry, notably small and medium-sized enterprises. (16)  The high performance computing and the related data processing and storage capacities in the Union should allow to ensure wider use of high performance computing by industry and, more generally, in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health, environment and security as well as competitiveness of industry, notably small and medium-sized enterprises. The Union needs to acquire world-class supercomputers, secure its supply system and deploy services for simulation, visualisation and prototyping while ensuring a HCP system in accordance with Union values and principles. Amendment 26 Proposal for a regulation Recital 17 (17)  The support to the Union's intervention in this area was expressed by the Council60 and, by the European Parliament61 . Moreover, in 2017 nine Member States signed the EuroHPC Declaration62 , a multi-government agreement where they commit to collaborate with the Commission to build and deploy state-of-the-art HPC and data infrastructures in Europe that would be available across the Union for scientific communities, public and private partners. (17)  The support to the Union's intervention in this area was expressed by the Council60 and, by the European Parliament61 . Moreover, in 2017 nine Member States signed the EuroHPC Declaration62 , a multi-government agreement where they commit to collaborate with the Commission to build and deploy state-of-the-art HPC and data infrastructures in Europe that would be available across the Union for scientific communities, public and private partners and strengthening the EU-added value. __________________ __________________ 60 60 61 61 62 62 Amendment 27 Proposal for a regulation Recital 18 (18)  For the high performance computing specific objective a joint undertaking is deemed the most suited implementation mechanism, in particular to coordinate national and Union strategies and investments in high performance computing infrastructure and research and development, pool resources from public and private funds, and safeguard the economic and strategic interests of the Union63 . Moreover, high performance computing competence centres in Member States will provide high performance computing services to industry, academia and public administrations. (18)  For the high performance computing specific objective a joint undertaking is deemed the most suited implementation mechanism, in particular to coordinate national and Union strategies and investments in high performance computing infrastructure and research and development, pool resources from public and private funds, and safeguard the economic and strategic interests of the Union63 . Moreover, high performance computing competence centres in Member States will provide high performance computing services to industry, including SMEs and start-ups, academia and public administrations established in the Union __________________ __________________ 63 Impact Assessment accompanying the document "Proposal for a Council Regulation on establishing the EuroHPC Joint Undertaking" (https://ec.europa.eu/digital-single-market/en/news/proposal-council-regulation-establishing-eurohpc-joint-undertaking-impact-assessment) 63 Impact Assessment accompanying the document "Proposal for a Council Regulation on establishing the EuroHPC Joint Undertaking" (https://ec.europa.eu/digital-single-market/en/news/proposal-council-regulation-establishing-eurohpc-joint-undertaking-impact-assessment) Amendment 28 Proposal for a regulation Recital 19 (19)  Developing capacity related to artificial intelligence is a crucial driver for the digital transformation of industry and also of the public sector . Ever more autonomous robots are used in factories, deep sea application, homes, cities and hospitals. Commercial artificial intelligence platforms have moved from testing to real applications in health and environment; all major car manufacturers are developing self-driving cars, and machine learning techniques are at the heart of all main web platforms and big data applications. (19)  Developing capacity related to artificial intelligence is a crucial driver for the digital transformation of industry and also of the public sector . Ever more autonomous robots are used in factories, deep sea application, homes, cities and hospitals. Commercial artificial intelligence platforms have moved from testing to real applications in health and environment; all major car manufacturers are developing self-driving cars, and machine learning techniques are at the heart of all main web platforms and big data applications. In order to create the best framework conditions for these new technologies to foster in Europe, the Union needs to add the innovation principle to its policy-making process. Amendment 29 Proposal for a regulation Recital 19 a (new) (19a)   In its resolution of 1 June 2017 on digitising European industry the European Parliament pointed out the impact of language barriers on industry and its digitisation. In this context the development of large-scale AI-based language technologies such as automatic translation, speech recognition, big data text analytics, dialog and question-answering systems are essential to preserve linguistic diversity, ensure inclusiveness and enable human-human and human-machine communication. Amendment 30 Proposal for a regulation Recital 19 b (new) (19b)  The increasingly rapid development of self-learning robots and artificial intelligence as well as their ability to multiply knowledge and learning content within seconds makes it difficult to predict any stage of development until the Programme’s termination in 2027. Consequently, the Commission should pay particular attention to this fast-evolving digital trend and, if applicable should swiftly adapt the objectives of the work programme, accordingly. Amendment 31 Proposal for a regulation Recital 19 c (new) (19c)  In light of European industry’s increasing demand for AI robotics solutions and the importance of avoiding a significant investment gap in this field, the Programme’s objectives on artificial intelligence should encompass robotics powered by artificial intelligence. Amendment 32 Proposal for a regulation Recital 19 d (new) (19d)  Products and services based on artificial intelligence should be user-friendly, legally compliant by default and provide consumers with more choice and more information, in particular on the quality of products and services. Amendment 33 Proposal for a regulation Recital 20 (20)  The availability of large-scale data sets and testing and experimentation facilities are of major importance for the development of artificial intelligence. (20)  The availability of large-scale data sets and testing and experimentation facilities to secure the internal market where artificial intelligence is used and access to text and data mining are of major importance for the development of artificial intelligence, including language technologies. Amendment 34 Proposal for a regulation Recital 20 a (new) (20a)   On 25 April 2018, the Commission committed to propose a European approach by developing draft Artificial Intelligence guidelines in cooperation with stakeholders within the AI alliance, a group of artificial intelligence experts, in order to boost AI-powered applications and businesses in Europe. Amendment 35 Proposal for a regulation Recital 21 (21)  In its resolution of 1 June 2017 on digitising European industry64 the European Parliament highlighted the importance of a common European cybersecurity approach, recognising the need to raise awareness and considered cyber-resilience as a crucial responsibility for business leaders and national and European industrial security policymakers. (21)  In its resolution of 1 June 2017 on digitising European industry64 the European Parliament highlighted the importance of a common European cybersecurity approach, recognising the need to raise awareness and considered cyber-resilience as a crucial responsibility for business leaders and national and European industrial security policymakers, as well as the implementation of security and privacy by default and by design. __________________ __________________ 64 Document ref. A8-0183/2017, available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0240 64 Document ref. A8-0183/2017, available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0240 Amendment 36 Proposal for a regulation Recital 22 (22)  Cybersecurity is a challenge for the whole Union that cannot continue to be addressed only with fragmented national initiatives. Europe's cybersecurity capacity should be reinforced to endow Europe with the necessary capacities to protect its citizens and businesses from cyber threats. In addition consumers should be protected when using connected products that can be hacked and compromise their safety. This should be achieved together with Member States and private sector by developing, and ensuring coordination between, projects reinforcing Europe's capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy, as well as by aggregating the competences in this field to ensure critical mass and excellence. (22)  Cybersecurity is a challenge for the whole Union that cannot continue to be addressed only with fragmented national initiatives. Europe's cybersecurity capacity should be reinforced to endow Europe with the necessary capacities to protect citizens, public administrations and businesses from cyber threats. In addition consumers should be protected when using connected products that can be hacked and compromise their safety. This should be achieved together with Member States and private sector by developing, and ensuring coordination between, projects reinforcing Europe's capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy, as well as by aggregating the competences in this field to ensure critical mass and excellence. Amendment 37 Proposal for a regulation Recital 23 (23)  In September 2017, the Commission put forward a package of initiatives65 setting out a comprehensive Union approach to cybersecurity, with the aim of reinforcing Europe’s capacities to deal with cyber-attacks and threats and to strengthen technology and industrial capacity in this field. (23)  In September 2017, the Commission put forward a package of initiatives65 setting out a comprehensive Union approach to cybersecurity, with the aim of reinforcing Europe’s capacities to deal with cyber-attacks, to increase cyber resilience and threats and to strengthen technology and industrial capacity in this field. _________________ _________________ 65 https://ec.europa.eu/digital-single-market/en/policies/cybersecurity 65 https://ec.europa.eu/digital-single-market/en/policies/cybersecurity Amendment 38 Proposal for a regulation Recital 23 a (new) (23a)  As a matter of principle, cybersecurity solutions should contain safety and security standards as core design parameters according to the available state-of-the-art technology and the principles of ‘security by design’ and ‘security by default’. Amendment 39 Proposal for a regulation Recital 24 (24)  Trust is a prerequisite for the Digital Single Market to function. Cybersecurity technologies such as digital identities, cryptography or intrusion detection, and their application in areas such as finance, industry 4.0, energy, transportation, healthcare, or e-government are essential to safeguard the security and trust of online activity and transactions by both citizens, public administrations, and companies. (24)  Trust is a prerequisite for the Digital Single Market to function. Cybersecurity technologies such as distributed ledger technology, digital identities, cryptography, encryption  or intrusion detection, and their application in areas such as finance, industry 4.0, logistics, energy, transportation, tourism, healthcare, or e-government are essential to safeguard the security, transparency and trust of online activity, including 5G platforms, and transactions by both citizens, public administrations, and companies. Amendment 40 Proposal for a regulation Recital 25 (25)  The European Council in its conclusions of 19 October 2017 stressed that to successfully build a Digital Europe, the Union needs in particular labour markets, training and education systems fit for the digital age and that there is a need to invest in digital skills, to empower and enable all Europeans; (25)  The European Council in its conclusions of 19 October 2017 stressed that to successfully build a Digital Europe, the Union needs in particular labour markets, training and education systems fit for the digital age and that there is a need to invest in digital skills development and improve the digital literacy, to empower and enable all Europeans with an integrated approach.; Amendment 41 Proposal for a regulation Recital 26 a (new) (26a)   Considering the need for a holistic approach, the Programme should also take into account the areas of inclusion, qualification, training and specialization which, in addition to the advanced digital competences, are decisive for the creation of added value in the knowledge society. Amendment 42 Proposal for a regulation Recital 27 (27)  In its resolution of 1 June 2017 on digitising European industry67 the European Parliament stated that education, training and lifelong learning are the cornerstone of social cohesion in a digital society. (27)  In its resolution of 1 June 2017 on digitising European industry67 the European Parliament stated that education, training and lifelong learning are the cornerstone of social cohesion in a digital society. It furthermore demanded that the gender perspective would be incorporated in all digital initiatives, emphasizing the need to address the severe gender gap within the ICT sector, since this is essential for Europe’s long-term growth and prosperity; __________________ __________________ 67 Document ref. A8-0183/2017, available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0240 67 Document ref. A8-0183/2017, available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0240 Amendment 43 Proposal for a regulation Recital 27 a (new) (27a)  In its resolution of 28 April 2016 on gender equality and empowering women in the digital age, the European Parliament underlined the need of collecting gender-disaggregated data on the use of ICT, and of developing targets, indicators and benchmarks to track the progress of women's access to ICT and promote best practices examples among companies; Amendment 44 Proposal for a regulation Recital 27 b (new) (27b)  In its resolution of 19 January 2016, Towards a Digital Single Market Act, the European Parliament fully supported and encouraged a digital entrepreneurial culture for women, as well as their integration and participation in information society. Amendment 45 Proposal for a regulation Recital 28 (28)  The advanced digital technologies supported by this Programme, such as high performance computing, cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed, implemented and scaled-up at Union level. Just as the deployment of these technologies require a Union response so does the skills dimension. Training opportunities in advanced digital skills need to be scaled up, increased and made accessible throughout the EU. Failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of Union's economy. The actions supported by this programme are complementary to those supported by the ESF, ERDF and Horizon Europe programmes. (28)  The advanced digital technologies supported by this Programme, such as high performance computing, cybersecurity cloud computing, data protection and information governance and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed, implemented and scaled-up at Union level. Just as the deployment of these technologies require a Union response so does the skills dimension. Learning and training opportunities in advanced digital skills need to be scaled up, increased and made accessible throughout the EU. Failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of Union's economy. The actions supported by this programme are complementary to those supported by the ESF, ERDF, ERASMUS and Horizon Europe programmes. Amendment 46 Proposal for a regulation Recital 29 (29)  Modernising public administrations and services through digital means is crucial to reducing administrative burden on industry and on citizens in general by making their interactions with public authorities faster, more convenient and less costly, as well as by increasing the efficiency and the quality of the services provided to citizens and businesses. Since a number of services of public interest already have a Union dimension, the support to their implementation and deployment at Union level should ensure that citizens and businesses will benefit from the access to high quality digital services across Europe. (29)  Modernising public administrations and services through digital means is crucial to reducing administrative burden on citizens and industry by making their interactions with public authorities faster, more convenient and less costly, as well as by increasing the efficiency, transparency and the quality of the services provided to citizens and businesses while at the same time increasing the efficiency of public spending. Since a number of services of public interest already have a Union dimension, the support to their implementation and deployment at Union level should ensure that citizens and businesses may benefit from the access to high quality multilingual digital services across Europe. It is also important that these services be accessible to people with disabilities. Amendment 47 Proposal for a regulation Recital 29 a (new) (29a)   Digitalisation can facilitate and improve barrier-free accessibility for everyone, including older people, persons with reduced mobility or a disability, and those in remote or rural areas. Amendment 48 Proposal for a regulation Recital 30 (30)  The digital transformation of the areas of public interest such as healthcare68 , mobility, justice, earth/environmental monitoring, education and culture requires the continuation and expansion of Digital Service Infrastructures, which make secure cross-border exchange of data possible and foster national development. Their coordination under this Regulation best achieves the potential for exploiting synergies. (30)  The digital transformation of the areas of public interest such as healthcare68 , mobility, justice, earth/environmental monitoring, security, reduction of carbon emissions, energy infrastructure, education and training and culture requires the continuation, upgrading and expansion of Digital Service Infrastructures, which make secure cross-border and cross-language exchange of data and information possible and foster national development. Their coordination under this Regulation best achieves the potential for exploiting synergies and ensuring complementarity. The digital transformation should nevertheless take into account that some citizens are not taking part - out of different reasons - in it and networks should be supported to continue informing those citizens, helping them to remain in full possession of their rights and participation to all social and civic duties. _________________ _________________ 68 http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=51628 68 http://ec.europa.eu/newsroom/dae/document.cfm?doc_id=51628 Amendment 49 Proposal for a regulation Recital 30 a (new) (30a)   The digital transformation of this sector must in all circumstances allow EU citizens to access, use and manage their personal data securely across borders, irrespective of their location or the location of the data. Amendment 50 Proposal for a regulation Recital 30 b (new) (30b)   The deployment and access to advanced technologies in areas of public interest, such as education, also require training in skills necessary to make use of these technologies. Therefore the objectives included in Specific Objective 8 should also cover training programmes for those persons who will be using the advanced technologies. Amendment 51 Proposal for a regulation Recital 32 (32)  The modernisation of European public administrations is one of the key priorities for successful implementation of the Digital Single Market Strategy. The mid-term evaluation of the Strategy highlighted the need to strengthen the transformation of public administrations and to ensure citizens have easy, trusted, and seamless access to public services. (32)  The modernisation of European public administrations is one of the key priorities for successful implementation of the Digital Single Market Strategy. The mid-term evaluation of the Strategy highlighted the need to strengthen the transformation of public administrations and to ensure citizens have easy, trusted, secure seamless and inclusive access to public services. Amendment 52 Proposal for a regulation Recital 33 (33)  The Annual Growth Survey published by the Commission in 201769 shows that the quality of European public administrations has a direct impact on the economic environment and is therefore crucial to stimulating productivity, competitiveness, economic cooperation, growth and employment. In particular, efficient and transparent public administration and effective justice systems are necessary to support economic growth and deliver high quality services for firms and citizens. (33)  The Annual Growth Survey published by the Commission in 201769 shows that the quality of European public administrations has a direct impact on the economic environment and is therefore crucial to stimulating productivity, competitiveness, economic cooperation, sustainable growth, employment and high-quality work. In particular, efficient and transparent public administration and effective justice systems are necessary to support economic growth and deliver high quality services for firms and citizens. __________________ __________________ 69 COM(2016)0725 69 COM(2016)0725 Amendment 53 Proposal for a regulation Recital 34 (34)  Interoperability of European public services concerns all levels of administration: Union, national, regional and local. Besides removing barriers to a functioning Single Market, interoperability facilitates successful implementation of policies and offers great potential to avoid cross-border electronic barriers, further securing the emergence of new, or the consolidation of developing, common public services at Union level. In order to eliminate fragmentation of European services, to support fundamental freedoms and operational mutual recognition in the EU, a holistic cross-sector and cross-border approach to interoperability should be promoted in the manner that is the most effective, and the most responsive to end-users. This implies that interoperability is to be understood in a broad sense, spanning from technical to legal layers and encompassing policy elements in the field. Accordingly, the span of activities would go beyond the usual lifecycle of solutions to include all the interventions elements that would support the necessary framework conditions for sustained interoperability at large. (34)  Interoperability of European public services concerns all levels of administration: Union, national, regional and local. Besides removing barriers to a functioning Single Market, interoperability facilitates cross-border co-operation, alignment of common standards, successful implementation of policies and offers great potential to avoid cross-border electronic and language barriers, to cut red tape, further securing the emergence of new, or the consolidation of developing, common public services at Union level as well as preventing unnecessary double-storage. In order to eliminate fragmentation of European services, to support fundamental freedoms and operational mutual recognition in the EU, a holistic, technology-neutral cross-sector and cross-border approach to interoperability should be promoted in the manner that is the most effective, and the most responsive to end-users and that ensures a high level of data protection. This implies that interoperability is to be understood in a broad sense, spanning from technical to legal layers and encompassing policy elements in the field. Accordingly, the span of activities would go beyond the usual lifecycle of solutions to include all the interventions elements that would support the necessary framework conditions for sustained interoperability at large. Amendment 54 Proposal for a regulation Recital 34 a (new) (34a)  On 6 October 2017, EU Ministers in Tallinn stated that the European digital strategy should be based on collaboration and interoperability, including the use of open licensing policies and open standards. The programme should, therefore, encourage open source solutions in order to allow reuse, increase trust and secure transparency. This will have a positive impact on the sustainability of funded projects. Amendment 55 Proposal for a regulation Recital 37 (37)  In April 2016 the Commission adopted the Digitising European Industry initiative to ensure that "any industry in Europe, big or small, wherever situated and in any sector can fully benefit from digital innovations".71 (37)  In April 2016, the Commission adopted the Digitising European Industry initiative to ensure that "any industry in Europe, big or small, wherever situated and in any sector can fully benefit from digital innovations". This is of particular relevance to small and medium enterprises in the cultural and creative sectors. __________________ 71 null Amendment 56 Proposal for a regulation Recital 39 (39)  Reaching the target objectives may require leveraging the potential of complementary technologies in the networking and computing domains, as stated in the Communication "Digitising European Industry"73 that recognises "availability of world class networking and cloud infrastructure" as an essential ingredient of industry digitisation. (39)  Reaching the target objectives may require leveraging the potential of complementary technologies in the networking and computing domains, as stated in the Communication "Digitising European Industry"73 that recognises "availability of world class networking and cloud infrastructure" as an essential component of industry digitisation. __________________ __________________ 73 COM(2016)0180: Digitising European Industry – Reaping the full benefits of a digital single market. 73 COM(2016)0180: Digitising European Industry – Reaping the full benefits of a digital single market. Amendment 57 Proposal for a regulation Recital 40 (40)  The General Data Protection Regulation (GDPR), applicable from May 2018 onwards, by providing for a single set of rules directly applicable in the Member States legal orders, will guarantee the free flow of personal data between EU Member States and reinforce trust and security of the individuals, two indispensable elements for a real Digital Single Market. The actions undertaken under this Programme, when they involve the processing of personal data, should therefore support the application of the GDPR, for instance in the field of artificial intelligence and blockchain technology. (40)  Regulation (EU) 2016/679 by providing for a single set of rules directly applicable in the Member States legal orders guarantees the free flow of personal data between EU Member States and reinforces trust and security of the individuals, two indispensable elements for a real Digital Single Market. All actions undertaken under this Programme, when they involve the processing of personal data, should therefore be in full compliance with that Regulation. They should especially support the development of digital technologies that comply with the ‘data protection by design’ obligations which are binding pursuant to that Regulation to the extent that the processing involves electronic communications data, due respect is to be paid to Directive 2002/58/EC of the European Parliament and of the Council.1a _________________ 1a 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) (OJ L 201, 31.7.2002, p. 37). Amendment 58 Proposal for a regulation Recital 41 (41)  The Programme should be implemented in full respect of the international and EU framework of intellectual property protection and enforcement. The effective protection of intellectual property plays a key role in innovation and thus is necessary for the effective implementation of the Programme. (41)  The Programme should be implemented in full respect of the international and EU framework of intellectual property protection and enforcement. The effective protection of intellectual property plays a key role in innovation and maintaining European added value and thus is necessary for the effective implementation of the Programme. Amendment 59 Proposal for a regulation Recital 42 (42)  Bodies implementing this Programme should comply with the provisions applicable to the Union institutions, and with national legislation regarding the handling of information, in particular sensitive non-classified information and EU classified information. (42)  To the extent that bodies implementing this Programme handle sensitive non-classified information or Union classified information, they should respect the relevant provisions laid down in Union acts or national legislation regarding the handling of information, as applicable. Amendment 60 Proposal for a regulation Recital 43 (43)  Reflecting the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate actions and lead to the achievement of an overall target of 25% of the EU budget expenditures supporting climate objectives74 . Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. (43)  Reflecting the importance of tackling climate change in line with the Union’s obligations to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate actions and help leading to the achievement of an overall target of 25% of the EU budget expenditures supporting climate objectives74 . Relevant actions should be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes in order to ensure full compliance with these obligations. _________________ _________________ 74 COM(2018)0321, p. 1. 74 COM(2018)0321, p. 1. Amendment 61 Proposal for a regulation Recital 44 (44)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for the adoption of the work programmes so that the objectives of the Programme are achieved in accordance with the Union's and Member States' priorities while ensuring consistency, transparency and continuity of joint action by the Union and the Member States. Those powers should be exercised in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) 182/201175 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. deleted __________________ 75 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13) Amendment 62 Proposal for a regulation Recital 45 (45)  The work programmes should be adopted in principle as multi-annual work programmes, typically every two years, or, if justified by the needs related to the implementation of the programme, annual work programmes. The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. (45)  Work programmes should be adopted so that the objectives of the Programme are achieved in accordance with the Union's and Member States' priorities, while ensuring consistency, transparency and continuity of joint action by the Union and the Member States. The work programmes should be adopted in principle every two years, or, if justified by the needs related to the implementation of the programme, on an annual basis. The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. Amendment 63 Proposal for a regulation Recital 46 (46)  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 concerning amendments to Annex II to review and/or complement the indicators. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (46)  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 concerning amendments to Annexes I and II to review and/or complement the indicators. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Amendment 64 Proposal for a regulation Recital 46 a (new) (46a)   In order to ensure, maintain and develop long term financing for the Digital Europe Programme it requires clear, common EU rules that are future-oriented and pro-competitive in order to drive investment and innovation and preserve affordability; Amendment 65 Proposal for a regulation Recital 47 (47)  This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Unions, notably those referred under Articles [8], [11], [16], [21], [35], [38] and [47] regarding the protection of personal data, the freedom of expression and information, the freedom to conduct business, the prohibition of discrimination, healthcare, consumer protection and the right to effective remedy and fair trial. The Member States must apply this Regulation in a manner consistent with these rights and principles’. (47)  Actions which fall within the scope of the Programme should respect fundamental rights and observe the principles acknowledged in particular by the Charter of Fundamental Rights of the European Union, notably those referred under Articles [8], [11], [16],[21], [22][35], [38], [41] and [47] regarding the protection of personal data, the freedom of expression and information, the freedom to conduct business, the prohibition of discrimination, linguistic diversity and right to communicate in any of the EU languages, healthcare, consumer protection and the right to effective remedy and fair trial. Such actions should be in conformity with any legal obligation including international law and with any relevant Commission decisions, as well as with ethical principles, which include avoiding any breach of research integrity. Amendment 66 Proposal for a regulation Recital 47 a (new) (47a)  In April 2018, the Commission committed 1a to set up a framework for stakeholders and experts to develop draft Artificial Intelligence guidelines in cooperation with the European Group on Ethics in Science and New Technologies; the Commission will support national and EU-level consumer organisations and data protection supervising authorities in building an understanding of AI-powered applications with the input of the European Consumer Consultative Group and the European Data Protection Board. __________________ 1a Communication of 25.4.2018 on Artificial Intelligence for Europe, COM(2018)0237, available at:http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0237/COM_COM(2018)0237_EN.pdf Amendment 67 Proposal for a regulation Recital 48 (48)  Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. deleted Amendment 68 Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes the Digital Europe programme ('Programme'). This Regulation establishes the Digital Europe programme (the 'Programme'), which shall be implemented for the period of 1 January 2021 to 31 December 2027. Amendment 69 Proposal for a regulation Article 2 – paragraph 1 – point e (e)  'Digital Innovation Hub' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the Programme, in particular providing access to technological expertise and experimentation facilities, such as equipment and software tools to enable the digital transformation of the industry. (e)  'European Digital Innovation Hub' means an existing or new legal entity or a consortium of legal entities designated or selected in an open, transparent and competitive procedure in order to fulfil the tasks under the Programme, in particular providing access to technological expertise and experimentation facilities, such as equipment and software tools to enable the digital transformation of the industry as well as facilitating access to finance. European Digital Innovation Hub shall be open to business of all forms and sizes, in particular to SMEs, scale-ups and public administrations across the Union. European Digital Innovation Hubs shall act as one-stop-shops where companies - especially SMEs, start-ups and mid-caps – can get help to improve their business, production processes, products and services by means of digital technology that could result in added value. The Hubs will therefore create a decentralised network across the Union offering support to companies to ensure that their employees’ skills match the expertise required to handle the available digital technology. The Hubs shall also coordinate with education providers with a view to supporting training for students and on-the-job training for workers. Amendment 70 Proposal for a regulation Article 2 – paragraph 1 – point f a (new) (fa)   "media literacy" means the analytical skills necessary to find one's path of understanding throughout the digital world. Amendment 71 Proposal for a regulation Article 2 – paragraph 1 – point f b (new) (fb)  'European Partnership' means an initiative where the Union, together with private and/or public partners (such as industry, research organisations, bodies with a public service mission at local, regional, national or international level or civil society organisations including foundations, SMEs organisations), commit to jointly support the development and implementation of digital innovation and technological deployment activities, including those related to market, regulatory or policy uptake; Amendment 72 Proposal for a regulation Article 2 – paragraph 1 – point f c (new) (fc)  ‘small and medium-sized enterprises’ or ‘SMEs’ means small and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC; Amendment 73 Proposal for a regulation Article 2 – paragraph 1 – point f d (new) (fd)  'consortium' means a collaborative grouping of undertakings constituted to carry out an action under the Programme. Amendment 74 Proposal for a regulation Article 3 – paragraph 1 – introductory part 1.  The Programme has the following general objective: to support the digital transformation of the European economy and society and bring its benefits to European citizens and businesses. The Programme will: 1.  The Programme has the following general objective: to support and to accelerate the digital transformation of the European economy, industry and society and to bring its benefits to European citizens, public services and businesses, as well as to reinforce the strategic autonomy and cohesion of the Union while securing competitiveness and reducing the digital divide. The Programme shall: Amendment 75 Proposal for a regulation Article 3 – paragraph 1 – point b (b)  widen their diffusion and uptake in areas of public interest and the private sector. (b)  widen their diffusion and uptake in the private sector and in areas of public interest, supporting their digital transformation and ensuring access to digital technologies; Amendment 76 Proposal for a regulation Article 4 – paragraph 1 – point a (a)  deploy, coordinate at the Union level and operate an integrated world-class exascale77 supercomputing and data infrastructure in the Union that shall be accessible on a non-commercial basis to public and private users and for publicly funded research purposes; (a)  deploy, coordinate at the Union level and operate an interoperable world-class exascale77 supercomputing and data infrastructure in the Union that shall be accessible to public and private users and for publicly and privately funded research purposes; __________________ __________________ 77 Billions of billions of floating operations per second 77 Billions of billions of floating operations per second Amendment 77 Proposal for a regulation Article 4 – paragraph 1 – point b (b)  deploy ready to use/operational technology resulting from research and innovation to build an integrated Union high performance computing ecosystem, covering all scientific and industrial value chain segments, including hardware, software, applications, services, interconnections and digital skills; (b)  deploy ready to use/operational technology resulting from research and innovation to build an integrated Union high performance computing ecosystem, covering all scientific and industrial value chain segments, including hardware, software, applications, services, interconnections and digital skills, ensuring a high level of security and data protection; Amendment 78 Proposal for a regulation Article 4 – paragraph 1 – point c (c)  deploy and operate a post-exascale78 infrastructure, including the integration with quantum computing technologies and develop new research infrastructures for computing science. (c)  deploy and operate a post-exascale78 infrastructure, including the integration with quantum computing technologies and develop new research infrastructures; encourage the development within the Union of the hardware and software necessary for such deployment , for computing science. __________________ __________________ 78 A thousand times faster than exascale 78 A thousand times faster than exascale Amendment 79 Proposal for a regulation Article 4 – paragraph 1 a (new) 1a.  The actions under Specific Objective 1 shall be primarily implemented through the Joint Undertaking proposed by the Commission and endorsed by the Council of Ministers on 25 June 2018 in accordance with Regulation (EU) ... of the European Parliament and of the Council1a. __________________ 1a Regulation establishing the European High Performance Computing Joint Undertaking. 10594/18. Brussels, 18 September 2018 (OR. en). http://data.consilium.europa.eu/doc/document/ST-10594-2018-INIT/en/pdf Amendment 80 Proposal for a regulation Article 5 – paragraph 1 – point a (a)  build up and strengthen core artificial intelligence capacities in the Union, including data resources and libraries of algorithms in compliance with data protection legislation; (a)  build up and strengthen core artificial intelligence capacities in the Union, including data resources and libraries of algorithms. In compliance with data protection legislation, AI-based solutions and resources made available shall respect the principle of privacy and security by design; and ensuring that humans remain at the centre of the development and deployment of Artificial intelligence, Amendment 81 Proposal for a regulation Article 5 – paragraph 1 – point b (b)  make those capacities accessible to all businesses and public administrations; (b)  make those capacities accessible to businesses, especially SMEs and start-ups, and public administrations including not-for-profit organisations, research institutions, universities, Amendment 82 Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (ca)  to develop and reinforce industrial application and production systems, facilitating integration of technologies in value chains, development of innovative business models, and shortening the time passed from innovation to industrialisation; and to foster the take up of AI-based solution in areas of public interest and society Amendment 83 Proposal for a regulation Article 5 – paragraph 1 a (new) The actions under this specific objective Artificial Intelligence shall be implemented exclusively through direct management by the Commission or an executive agency on the basis of a cost-benefit analysis. Amendment 84 Proposal for a regulation Article 5 – paragraph 1 b (new) Actions carried out under Specific objective 2 shall comply with ethical principles and relevant national, Union and international laws, including the Charter of Fundamental Rights of the European Union and the European Convention of Human Rights and the Protocol thereto. The Commission taking into account the recommendations of the High-Level Expert Group on Artificial Intelligence shall specify conditions related to ethical issues in the work programmes under Specific objective 2. The calls or the grant agreements shall include relevant conditions as set out in work programmes. An ethical review of each project shall be performed during the evaluation of each action. Actions that are not ethically acceptable or that do not fulfil the conditions agreement shall not be eligible for funding. Amendment 85 Proposal for a regulation Article 6 – paragraph 1 – point a (a)  support, together with Member States, the procurement of advanced cybersecurity equipment, tools and data infrastructures in full compliance with data protection legislation; (a)  support, together with Member States, the procurement of advanced cybersecurity equipment, tools and data infrastructures in order to achieve a common high level of cybersecurity at the European level, in full compliance with data protection legislation and the fundamental rights while ensuring EU strategic autonomy Amendment 86 Proposal for a regulation Article 6 – paragraph 1 – point b (b)  support the best use of European knowledge, capacity and skills related to cybersecurity; (b)  support the best use and the increase of European knowledge, capacity and skills related to cybersecurity; and the sharing and mainstreaming of best practices; Amendment 87 Proposal for a regulation Article 6 – paragraph 1 – point c (c)  ensure a wide deployment of the latest cybersecurity solutions across the economy; (c)  ensure a wide deployment of the latest cybersecurity solutions across the economy; with special attention to public services and essential economic operators such as SMEs; Amendment 88 Proposal for a regulation Article 6 – paragraph 1 – point d (d)  reinforce capabilities within Member States and private sector to help them meet Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union79 . (d)  reinforce capabilities within Member States and private sector to help them meet Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union79 including through measures aiming at developing a cybersecurity culture within organisations . __________________ __________________ 79 OJ L 194, 19.7.2016, p. 1 79 OJ L 194, 19.7.2016, p. 1 Amendment 89 Proposal for a regulation Article 6 – paragraph 1 – point d a (new) (da)  improve resilience against cyber-attacks, to increase risk awareness and knowledge of basic security processes among users, particularly public services, SMEs and start-ups, to ensure that companies have basic levels of security, such as end-to-end encryption of data and communications and software updates, and to encourage the use of the security-by-design and by default knowledge of basic security processes as well as cyber-hygiene; Amendment 90 Proposal for a regulation Article 6 – paragraph 1 a (new) The actions under Specific objective 3 Cybersecurity and trust shall be primarily implemented through the European Cybersecurity Industrial, Technology and Research Competence Centre and the Cybersecurity Competence Network in accordance with [Regulation ..... of the European Parliament and of the Council1a]. __________________ 1a Regulation ..... of the European Parliament and of the Council establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres Amendment 91 Proposal for a regulation Article 7 – paragraph 1 – introductory part The financial intervention by the Union under Specific Objective 4. Advanced Digital skills shall support the development of advanced digital skills in areas supported by this programme, thus contributing to increase Europe's talent pool, fostering greater professionalism, especially with regard to high performance computing, big data analytics, cybersecurity, distributed ledger technologies, robotics and artificial intelligence. The financial intervention shall pursue the following operational objectives: The financial intervention by the Union under Specific Objective 4. Advanced Digital skills shall support the development of advanced digital skills in areas supported by this programme, thus contributing to increase Union's talent pool, reducing the digital divide, fostering greater professionalism on a gender balance way, especially with regard to high performance computing, big data analytics, cybersecurity, distributed ledger technologies, robotics, artificial intelligence, cloud computing, communication systems and networks, data protection competencies, artificial intelligence. To stimulate and improve labour market, and specialisation in digital technologies and applications, the financial intervention shall pursue the following operational objectives: Amendment 92 Proposal for a regulation Article 7 – paragraph 1 – point a (a)  support the design and delivery of long-term trainings and courses for students, IT professionals and the workforce; (a)  support the design and delivery of high quality long-term training courses including blended learning for students, teachers, educators, IT professionals, researchers and the workforce including public servants, in collaboration with schools, universities and research centres; Amendment 93 Proposal for a regulation Article 7 – paragraph 1 – point b (b)  support the design and delivery of short-term trainings and courses for entrepreneurs, small business leaders and the workforce; (b)  support the design and delivery of high quality short-term trainings and courses including blended learning for entrepreneurs, small business and start-up leaders, and the workforce including public servants and self-employed; Amendment 94 Proposal for a regulation Article 7 – paragraph 1 – point c (c)  support on-the-job trainings and traineeships for students, young entrepreneurs and graduates. (c)  support high quality on-the-job trainings, including blended learning and traineeships for students, young entrepreneurs and graduates. Amendment 95 Proposal for a regulation Article 7 – paragraph 1 a (new) The actions under Specific objective 4 Advanced Digital Skills shall be primarily implemented through direct management by the European Commission. The European Digital Innovation Hubs may act as facilitators for training opportunities, advising companies and liaising with the appropriate competence centres to ensure the widest geographical coverage across the Union . Amendment 96 Proposal for a regulation Article 8 – paragraph 1 – introductory part The financial intervention by the Union under Specific Objective 5. Deployment, best use of digital capacities and Interoperability shall achieve the following operational objectives: The financial intervention by the Union under Specific Objective 5. Deployment, best use of digital capacities and Interoperability shall achieve the following operational objectives complementing the digital infrastructure actions to that end while reducing the digital divide: Amendment 97 Proposal for a regulation Article 8 – paragraph 1 – point a (a)  ensure that the public sector and areas of public interests, such as health and care, education, judiciary, transport, energy, environment, cultural and creative sectors, can deploy and access state-of-the-art digital technologies, in particular high performance computing, artificial intelligence and cybersecurity; (a)  ensure that the public sector and areas of public interests, such as health and care, education, judiciary, transport and communication energy, environment, cultural and creative sectors, as well business established within the Union can effectively deploy and have the necessary skills through training to use access state-of-the-art digital technologies, in particular high performance computing, language technology, artificial intelligence and cybersecurity Amendment 98 Proposal for a regulation Article 8 – paragraph 1 – point b (b)  deploy, operate and maintain trans-European interoperable Digital Service Infrastructures (including related services) in complementarity with national and regional actions; (b)  deploy, operate and maintain trans-European interoperable state of the art Digital Service Infrastructures across the Union (including related services) in complementarity with national and regional actions; Amendment 99 Proposal for a regulation Article 8 – paragraph 1 – point c (c)  facilitate the development, update and use of solutions and frameworks by European public administrations, businesses and citizens, including the re-use of interoperability solutions and frameworks; (c)  facilitate the development, update and use of solutions and frameworks by European public administrations, businesses and citizens, including open source and the re-use of interoperability solutions and frameworks; Amendment 100 Proposal for a regulation Article 8 – paragraph 1 – point d (d)  offer to public administrations access to testing and piloting of digital technologies, including their cross-border use; (d)  offer to public administrations access to testing piloting and scaling-up of digital technologies, including their cross-border use; Amendment 101 Proposal for a regulation Article 8 – paragraph 1 – point e (e)  support the uptake of advanced digital and related technologies, including in particular high performance computing, artificial intelligence, cybersecurity and future emerging technologies by the Union industry, notably SMEs; (e)  support the uptake of advanced digital and related technologies, including in particular high performance computing, artificial intelligence, distributed ledger technologies, cybersecurity data protection, cloud computing and information governance and future emerging technologies by the Union industry, notably SMEs and start-ups; Amendment 102 Proposal for a regulation Article 8 – paragraph 1 – point f (f)  support the design, testing, implementation and deployment of interoperable digital solutions for EU level public services delivered through a data-driven reusable solutions platform, fostering innovation and establishing common frameworks in order to unleash the full potential of the public administrations’ services for European citizens and businesses; (f)  support the design, maintain, testing, implementation and deployment of interoperable digital solutions for EU level public services delivered through a data-driven reusable solutions platform, fostering innovation and establishing common frameworks in order to unleash the full potential of the public administrations’ services for European citizens and businesses; Amendment 103 Proposal for a regulation Article 8 – paragraph 1 – point g (g)  ensure a continuous capacity at the Union level to observe, analyse and adapt to fast-evolving digital trends, as well as sharing and mainstreaming best practices; (g)  ensure a continuous capacity at the Union level to spearhead digital development, in addition to observe, analyse and adapt to fast-evolving digital trends, as well as sharing and mainstreaming best practices and facilitating cross-fertilisation between the different national initiatives, leading to the development of the digital society thanks to a permanent cooperation among all actors involved at EU level; Amendment 104 Proposal for a regulation Article 8 – paragraph 1 – point h (h)  support cooperation towards achieving a European ecosystem for trusted infrastructures using distributed ledger services and applications, including support for interoperability and standardisation and fostering the deployment of EU cross-border applications; (h)  support cooperation towards achieving a European ecosystem for trusted infrastructures using inter alia distributed ledger services and applications, including support for interoperability and standardisation and fostering the deployment of EU cross-border applications based on security and privacy by design, guaranteeing data protection and consumer safety; Amendment 105 Proposal for a regulation Article 8 – paragraph 1 a (new) The actions under Specific objective 5 Deployment, best use of digital capacities and Interoperability shall be primarily implemented through direct management by the European Commission. The European Digital Innovation Hubs and competence centres may act as facilitators. Amendment 106 Proposal for a regulation Article 9 – paragraph 1 1.  The financial envelope for the implementation of the Programme for the period 2021−2027shall be EUR 9 194 000 000 in current prices. 1.  The financial envelope for the implementation of the Programme for the period 2021−2027shall be EUR 8 192 391 000 in 2018 prices (EUR 9 194 000 000 in current prices). Amendment 107 Proposal for a regulation Article 9 – paragraph 2 – point a (a)  up to EUR 2 698 240 000 for Specific Objective 1, High Performance Computing (a)  up to EUR 2 404 289 438 in 2018 prices (EUR 2 698 240 000 in current prices) for Specific Objective 1, High Performance Computing Amendment 108 Proposal for a regulation Article 9 – paragraph 2 – point b (b)  up to EUR 2 498 369 000 for Specific Objective 2, Artificial Intelligence (b)  up to EUR 2 226 192 703 in 2018 prices (EUR 2 498 369 000 in current prices) for Specific Objective 2, Artificial Intelligence Amendment 109 Proposal for a regulation Article 9 – paragraph 2 – point c (c)  up to EUR 1 998 696 000 for Specific Objective 3, Cybersecurity and Trust (c)  up to EUR 1 780 954 875 in 2018 prices (EUR 1 998 696 000 in current prices) for Specific Objective 3, Cybersecurity and Trust Amendment 110 Proposal for a regulation Article 9 – paragraph 2 – point d (d)  up to EUR 699 543 000 for Specific Objective 4, Advanced Digital skills (d)  up to EUR 623 333 672 in 2018 prices (EUR 699 543 000 in current prices) for Specific Objective 4, Advanced Digital skills Amendment 111 Proposal for a regulation Article 9 – paragraph 2 – point e (e)  up to EUR 1 299 152 000 for Specific Objective 5, Deployment, best use of digital capacities and Interoperability (e)  up to EUR 1 157 620 312 in 2018 prices (EUR 1 299 152 000 in current prices) for Specific Objective 5, Deployment, best use of digital capacities and Interoperability Amendment 112 Proposal for a regulation Article 9 – paragraph 5 5.  Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned. 5.  Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used to the maximum extent possible for the benefit of the Member State concerned. Amendment 113 Proposal for a regulation Article 10 – paragraph 1 – introductory part The programme shall be open to: deleted Amendment 114 Proposal for a regulation Article 10 – paragraph 1 – point 1 1.  Members of the European Free Trade Association, which are members of the European Economic Area, in accordance with the conditions laid down in the European Economic Area agreement; 1.  The programme shall be open to Members of the European Free Trade Association, which are members of the European Economic Area, in accordance with the conditions laid down in the European Economic Area agreement; Amendment 115 Proposal for a regulation Article 10 – paragraph 1 – point 2 2.  Acceding countries, candidate countries and potential candidates , in accordance with the general principles and general terms and conditions for their participation in Union programmes established in the respective framework agreements and Association Council Decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and them; 2.  Full or partial association to the programme of third countries that are not referred to in paragraph 1 shall be based on a case by case assessment of the Specific objectives, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that this specific agreement fully respects the following criteria: —  the participation of the third country is in the interest of the Union; —  the participation contributes to achieving the objectives lay down in article 3; —  the participation does not raise any security concerns and fully respects the relevant security requirements lay down in article 12; —  the agreement ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; —  the agreement lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of [the new Financial Regulation]; —  the agreement does not confer to the third country a decisional power on the programme; —  the agreement guarantees the rights of the Union to ensure sound financial management and to protect its financial interests. Amendment 116 Proposal for a regulation Article 10 – paragraph 1 – point 2 a (new) 2a.  When preparing the work programmes, the European Commission or other relevant implementing bodies, shall assess on a case-by-case basis whether the conditions laid down in the agreement referred to in paragraph 2 are met for the actions included in the work programmes. Amendment 117 Proposal for a regulation Article 10 – paragraph 1 – point 3 3.  Countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council Decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries; deleted Amendment 118 Proposal for a regulation Article 10 – paragraph 1 – point 4 4.  Third countries in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement deleted —  ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; —  lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of [the new Financial Regulation] ; —  does not confer to the third country a decisional power on the programme; —  guarantees the rights of the Union to ensure sound financial management and to protect its financial interests. Amendment 119 Proposal for a regulation Article 11 – paragraph 2 2.  The cooperation with third countries and organisations mentioned in paragraph 1 under Specific Objective 3. Cybersecurity and Trust shall be subject to Article [12]. 2.  The cooperation with third countries and organisations mentioned in paragraph 1 under Specific Objectives 1, High Performance Computing, 2 Artificial intelligence and 3. Cybersecurity and Trust shall be subject to Article [12]. Amendment 120 Proposal for a regulation Article 12 – paragraph 5 5.  The work programme may also provide that legal entities established in associated countries and legal entities established in the EU but controlled from third countries are not eligible for participation in all or some actions under Specific Objective 3 for security reasons. In such cases calls for proposals and calls for tenders shall be restricted to entities established or deemed to be established in Member States and controlled by Member States and/or nationals of Member States. 5.  The work programme may also provide that legal entities established in associated countries and legal entities established in the EU but controlled from third countries are not eligible for participation in all or some actions under Specific Objectives 1, 2 and 3 for strategic and security reasons. In such cases calls for proposals and calls for tenders shall be restricted to entities established or deemed to be established in Member States and controlled by Member States and/or nationals of Member States. Amendment 121 Proposal for a regulation Article 12 – paragraph 5 a (new) 5a.  Actions including the transfer of technology outside the Union shall not be permitted. With a view to ensuring long term strategic security objectives, an opportunity evaluation shall be carried out in respect of the participation of entities which have their main establishment outside the Union. Amendment 122 Proposal for a regulation Article 12 – paragraph 5 b (new) 5b.  Where appropriate the Commission or the funding body may carry out security checks, actions which do not comply with security rules may be excluded or terminated at any time. Amendment 123 Proposal for a regulation Article 13 – paragraph 1 1.  The Programme is designed to be implemented enabling synergies, as further described in Annex III, with other Union funding programmes, in particular through arrangements for complementary funding from EU programmes where management modalities permit; either in sequence, in an alternating way, or through the combination of funds including for the joint funding of actions. 1.  The Programme is designed to be implemented enabling synergies, as further described in Annex III, with other Union funding programmes, in particular through arrangements for complementary funding from EU programmes where management modalities permit; either in sequence, in an alternating way, or through the combination of funds including for the joint funding of actions. The Commission shall ensure that when leveraging the complementary character of the programme with other European funding programmes, in particular ESIF, the European Regional Development Fund (ERDF), Horizon Europe and Connecting Europe Facility (CEF-2), investEU, Erasmus, European Agricultural Fund for Rural Development (EAFRD) the achievement of Specific objectives 1 to 5 are not hampered. The Commission shall look into ways of improving the overall efficiency of programmes offering resources in the field of digitalisation. Amendment 124 Proposal for a regulation Article 13 – paragraph 2 2.  Appropriate mechanisms of coordination between relevant authorities and appropriate monitoring tools shall be established to systematically ensure synergies between the Programme and any relevant EU funding instruments. The arrangements shall contribute to avoiding duplications and maximising impact of expenditure. 2.  Appropriate mechanisms of coordination between relevant authorities and between authorities and the European Commission and appropriate monitoring tools shall be established to systematically ensure synergies between the Programme and any relevant EU funding instruments. The arrangements shall contribute to avoiding duplications and maximising impact of expenditure. Amendment 125 Proposal for a regulation Article 14 – paragraph 2 2.  The Programme may provide funding in any of the forms laid down in the Financial Regulation, including notably procurement as a primary form as well as grants and prizes. It may also provide financing in the form of financial instruments within blending operations. 2.  The Programme may provide funding in any of the forms laid down in the Financial Regulation, including notably procurement by the Commission or funding body, by grant beneficiaries individually or jointly as a primary form of the action as well as grants and prizes. Procurements may authorise the award of multiple contracts within the same procedure and may provide for place of performance conditions in line with applicable international procurement agreements. The Programme may also provide financing in the form of financial instruments within blending operations. Amendment 126 Proposal for a regulation Article 15 – paragraph 1 The Programme may be implemented through European Partnerships. This may include in particular contributions to existing or new public-private partnerships in the form of joint undertakings established under Article 187 TFEU. For these contributions, provisions relating to European Partnerships under [Horizon Europe Regulation, ref to be added] apply. The Programme may be implemented through European Partnerships agreed within the Strategic programming Process between the Commission and the Member States. This may include in particular contributions to existing or new public-private partnerships in the form of joint undertakings established under Article 187 TFEU. For these contributions, provisions relating to European Partnerships under [Horizon Europe Regulation, ref to be added] apply. Amendment 127 Proposal for a regulation Article 15 – paragraph 1 a (new) European Partnerships shall: (a)  Be established in cases where they will more effectively achieve objectives of Digital Europe Programme than the Union alone; (b)  Adhere to the principles of Union added value, transparency, openness, impact, leverage effect, long-term financial commitment of all the involved parties, flexibility, coherence and complementarity with Union, local, regional national and international initiatives; (c)  Be time limited and include conditions for phasing-out the Programme funding. Amendment 128 Proposal for a regulation Article 15 – paragraph 1 b (new) Provisions and criteria for their selection, implementation, monitoring, evaluation and phasing-out are set out in (Reference to be added). Amendment 129 Proposal for a regulation Article 16 – title Digital Innovation Hubs European Digital Innovation Hubs Amendment 130 Proposal for a regulation Article 16 – paragraph 1 1.  During the first year of the implementation of the Programme, an initial network of Digital Innovation Hubs shall be established. 1.  During the first year of the implementation of the Programme, an initial network of European Digital Innovation Hubs shall be established on existing infrastructure and shall be at least one European Digital Innovation Hub per Member State. Amendment 131 Proposal for a regulation Article 16 – paragraph 2 – introductory part 2.  For the purpose of the establishment of the network mentioned in paragraph 1, each Member State shall designate candidate entities through an open and competitive process, on the basis of the following criteria: 2.  For the purpose of the establishment of the network mentioned in paragraph 1, each Member State shall designate candidate entities through an open, transparent, inclusive and competitive process, on the basis of the following criteria: Amendment 132 Proposal for a regulation Article 16 – paragraph 2 – point a (a)  appropriate competences related to the functions of the Digital Innovation Hubs; (a)  appropriate competences related to the functions of the European Digital Innovation Hubs; Amendment 133 Proposal for a regulation Article 16 – paragraph 2 – point b (b)  appropriate management capacity, staff and infrastructure; (b)  appropriate management capacity, staff and infrastructure and skillset; Amendment 134 Proposal for a regulation Article 16 – paragraph 2 – point d a (new) (da)  proven cooperation with the private sector to ensure market relevance of the interventions under the Specific Objectives 1 to 5; Amendment 135 Proposal for a regulation Article 16 – paragraph 2 – point d b (new) (db)  links with existing ICT Hubs created under Horizon 2020, the EUinvest Hub and the European Entreprise network; Amendment 136 Proposal for a regulation Article 16 – paragraph 2 a (new) 2a.  The detailed conditions to be fulfilled in order to be designated as 'European Digital Innovation Hub' and the tasks to be executed, shall be harmonised and published in due time in order to allow for proper preparation and implementation of the actions. Amendment 137 Proposal for a regulation Article 16 – paragraph 3 – introductory part 3.  The Commission shall adopt a decision on the selection of entities forming the initial network. These entities shall be selected by the Commission from candidate entities designated by Member States on the basis of the criteria mentioned in paragraph 2 and the following additional criteria: 3.  The Commission shall adopt a decision on the selection of entities forming the initial network. These entities shall be selected and clearly identified by the Commission from candidate entities designated by Member States on the basis of the criteria mentioned in paragraph 2 and the following additional criteria: Amendment 138 Proposal for a regulation Article 16 – paragraph 3 – point b (b)  the need to ensure by the initial network a coverage of the needs of industry and areas of public interest and a comprehensive and balanced geographical coverage. (b)  the need to ensure by the initial network a coverage of the needs of industry and areas of public interest and a comprehensive and balanced geographical coverage, improving convergence and contribute to fill the gap between the cohesion countries and the other Member States and to decrease the digital divide in geographical terms. Amendment 139 Proposal for a regulation Article 16 – paragraph 4 4.  Additional Digital Innovation Hubs shall be selected on the basis of an open and competitive process, in such a way to ensure the widest geographical coverage across Europe. The number of entities of the network shall be proportional to the population of a given Member States and there shall be at least one Digital Innovation Hub per Member State. To address the specific constraints faced by the EU outermost regions, specific entities may be nominated to cover their needs. 4.  Additional European Digital Innovation Hubs shall be selected on the basis of an open, transparent and competitive process, in such a way to ensure the widest geographical coverage across Europe. The number of entities of the network shall be proportional to the population of a given Member States. To address the specific constraints faced by the EU outermost regions, additional Innovation Hubs may be selected in those regions. Amendment 140 Proposal for a regulation Article 16 – paragraph 5 5.  The Digital Innovation Hubs may receive funding in the form of grants. 5.  The European Digital Innovation Hubs shall be clearly identified by means of specific indications and receive funding in the form of grants. Amendment 141 Proposal for a regulation Article 16 – paragraph 6 – introductory part 6.  The Digital Innovation Hubs which receive funding shall be involved in the implementation of the Programme to: 6.  The European Digital Innovation Hubs which receive funding shall be involved in the implementation of the Programme to: Amendment 142 Proposal for a regulation Article 16 – paragraph 6 – point a (a)  provide digital transformation services - including testing and experimentation facilities - targeted towards SMEs and midcaps, also in sectors that are slow in the uptake of digital and related technologies; (a)  provide digital transformation services and technological expertise including testing and experimentation facilities - targeted towards start-ups, SMEs and midcaps, also in sectors that are slow in the uptake of digital and related technologies; Amendment 143 Proposal for a regulation Article 16 – paragraph 6 – point a a (new) (aa)  support companies, especially SMEs and start-ups, organisations and public administrations to become more competitive and improve their business models through use of new technologies covered by the Programme Amendment 144 Proposal for a regulation Article 16 – paragraph 6 – point b (b)  transfer expertise and know-how between regions, in particular by networking SMEs and midcaps established in one region with Digital Innovation Hubs established in other regions which are best suited to provide relevant services; (b)  transfer expertise and know-how between regions, in particular by networking SMEs, start-ups and midcaps established in one region with European Digital Innovation Hubs established in other regions which are best suited to provide relevant services; encourage exchanges of skills, joint initiatives and good practices; Amendment 145 Proposal for a regulation Article 16 – paragraph 6 – point c (c)  provide thematic services, including services related to artificial intelligence, high performance computing and cybersecurity and trust to the administrations, public sector organisations, SMEs and midcaps. Individual Digital Innovation Hubs may specialise in specific thematic services and do not need to provide all thematic services mentioned in this paragraph; (c)  provide thematic services, including services related to artificial intelligence, high performance computing and cybersecurity and trust to the administrations, public sector organisations, SMEs, and start-ups and midcaps. Individual European Digital Innovation Hubs may specialise in specific thematic services and do not need to provide all thematic services mentioned in this paragraph; Amendment 146 Proposal for a regulation Article 16 – paragraph 6 a (new) 6a.  The European Digital Innovation Hubs may also cooperate with the European Institute of Innovation and Technology in particular the EIT Digital as well as the Digital Innovation Hubs set up under Horizon 2020. Amendment 147 Proposal for a regulation Article 16 – paragraph 6 b (new) 6b.  The European Digital Innovation Hubs may carry out the activities of the Digital Innovation Hubs set up under the Framework Programmes for Research and Innovation, including the Innovation Hubs of the EIT Digital Amendment 148 Proposal for a regulation Article 17 – paragraph 1 1.  Only actions contributing to the achievement of the objectives referred to in Article [3] and Articles [4]-[8] shall be eligible for funding. 1.  Only actions contributing to the achievement of the objectives referred to in Article [3] and Articles [4]-[8] shall be eligible for funding in accordance with the general objectives set out in Annex I. Amendment 149 Proposal for a regulation Article 18 – paragraph 2 – point a – point ii (ii)  a third countries associated with the Programme; (ii)  a third countries associated with the Programme in accordance with articles 10 and 12; Amendment 150 Proposal for a regulation Article 18 – paragraph 3 3.  Legal entities established in a third country which is not associated to the Programme are exceptionally eligible to participate in specific actions where this is necessary for the achievement of the objectives of the Programme. 3.  Legal entities established in a third country which is not associated to the Programme are exceptionally eligible to participate in specific actions where this is necessary for the achievement of the objectives of the Programme, and when it does do not imply additional security risks for the Union or put in question the Union's strategic autonomy. Amendment 151 Proposal for a regulation Article 18 – paragraph 4 4.  Natural persons shall not be eligible, except for grants awarded under Specific Objective 4. Advanced digital skills. 4.  Natural persons may be eligible for grants awarded under Specific Objective 4. Advanced digital skills. Third country nationals may be eligible provided that they reside within the Union. Amendment 152 Proposal for a regulation Article 19 – paragraph 1 Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation. Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation and may cover up to 100% of the eligible costs on duly justified reasons, without prejudice of the co-financing principle; and in accordance with the specification under each objective. Amendment 153 Proposal for a regulation Article 20 – paragraph 1 – introductory part 1.  The award criteria shall be defined in the work programmes and in the calls for proposals, taking into account at the minimum the following elements: 1.  The award criteria shall be defined in the work programmes and in the calls for proposals, taking into account at least the following elements: Amendment 154 Proposal for a regulation Article 20 – paragraph 1 – point e (e)  where applicable, the economic, social, climate and environmental impact, and accessibility; (e)  where applicable, the economic, climate, environmental and social impact, in particular promoting accessibility and equal educational and professional opportunities; Amendment 155 Proposal for a regulation Article 20 – paragraph 1 – point g (g)  where applicable, a balanced geographical distribution across the Union, including the outermost regions; (g)  where applicable, a balanced geographical distribution across the Union, including the outermost regions including overseas countries and territories; Amendment 156 Proposal for a regulation Article 20 – paragraph 1 – point h a (new) (ha)  where applicable, the freedom for re-use and adaptation of the projects' results; Amendment 157 Proposal for a regulation Article 20 – paragraph 1 – point h b (new) (hb)  where applicable, the public interest; Amendment 158 Proposal for a regulation Article 20 – paragraph 1 – point h c (new) (hc)  where applicable, a reduction of digital divide between regions, citizens or business. Amendment 159 Proposal for a regulation Article 21 – paragraph 1 Blending operations decided under this Programme shall be implemented in accordance with the [InvestEU regulation] and Title X of the Financial Regulation. Blending operations decided under this Programme shall be implemented in accordance with the [InvestEU regulation] and Title X of the Financial Regulation. The amount of expenditure from this programme to be blended with a financial instrument shall be non-refundable. Amendment 160 Proposal for a regulation Article 22 – paragraph 2 a (new) 2a.  Where an action has already been awarded or has received contributions from another Union programme or support from an EU fund, that contribution or support shall be listed in the application for a contribution under the Programme. Amendment 161 Proposal for a regulation Article 23 – paragraph 3 3.  The first multiannual work programme shall focus on the activities set out in the Annex and ensure that the actions thereby supported do not crowd out private financing. Subsequent work programmes may include activities not set out in the Annex provided that they are consistent with the objectives of this Regulation, as set out in Articles [4 – 8]. 3.  The work programmes shall focus on the activities set out in the Annex I and ensure that the actions thereby supported do not crowd out private financing. Amendment 162 Proposal for a regulation Article 23 – paragraph 3 a (new) 3a.  The Commission shall be empowered to adopt delegated acts in accordance with Article 27 to amend Annex I to review or complement the activities set out therein in a manner consistent with the objectives of this Regulation as set out in articles 4 - 8. Amendment 163 Proposal for a regulation Article 24 – paragraph 1 1.  Indicators to monitor the implementation and progress of the Programme in achieving the general and specific objectives set out in Article 3 are set in the Annex II. 1.  Measurable indicators to monitor the implementation and progress of the Programme in achieving the general and specific objectives set out in Article 3 are set in the Annex II. Amendment 164 Proposal for a regulation Article 24 – paragraph 1 a (new) 1a.  The Commission shall define a methodology to provide for measurable indicators for an accurate assessment of the progress towards achieving the general objectives set out in Article 3(1). On the basis of this methodology the Commission shall complement Annex III at the latest by 1st January 2021. Amendment 165 Proposal for a regulation Article 24 – paragraph 2 2.  To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 27 to amend Annex II to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework. 2.  To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 27 to amend Annex II to review or complement the measurable indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework. Amendment 166 Proposal for a regulation Article 24 – paragraph 3 3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. 3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are suitable for an in-depth analysis of the progress achieved and the difficulties encountered and are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. Amendment 167 Proposal for a regulation Article 24 – paragraph 4 4.  Official EU statistics such as regular ICT statistical surveys shall be used to their maximum. National Statistical Institutes shall be consulted on, and involved together with Eurostat, in the initial design and subsequent development of statistical indicators used for monitoring the implementation of the programme and the progress made with regard to digital transformation. 4.  Official EU statistics such as regular ICT statistical surveys shall be used in the most efficient manner possible, as well as collection of DESI datasets at NUTS-2 to help address the lack of Digital Europe related regional data. National Statistical Institutes shall be consulted on, and involved together with Eurostat, in the initial design and subsequent development of statistical indicators used for monitoring the implementation of the programme and the progress made with regard to digital transformation. Amendment 168 Proposal for a regulation Article 25 – title Evaluation Programme Evaluation Amendment 169 Proposal for a regulation Article 25 – paragraph 1 1.  Evaluations shall be carried out in a timely manner to feed into the decision-making process. 1.  The Commission shall ensure regular monitoring and external evaluation of the Programme, based notably on the performance reporting system as referred to in Article 24, paragraph 3. The evaluations shall also provide for a qualitative assessment of the progress towards achieving the general objectives set out in Article 3(1). Amendment 170 Proposal for a regulation Article 25 – paragraph 2 2.  The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the implementation of the Programme. 2.  In addition to regularly monitoring the Programme, the Commission shall establish an interim evaluation report and shall submit it to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions no later than 31 December 2024. The interim evaluation shall present the findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives. The interim evaluation shall be submitted to the European Parliament. Amendment 171 Proposal for a regulation Article 25 – paragraph 3 3.  At the end of the implementation of the Programme, but no later than four years after the end of the period specified in Article [1], a final evaluation of the Programme shall be carried out by the Commission. 3.  On the basis of a final external and independent evaluation, the Commission shall establish a final evaluation report of the Programme, which assesses its longer-term impacts and its sustainability. Amendment 172 Proposal for a regulation Article 25 – paragraph 4 a (new) 4a.  The Commission shall submit the final evaluation report referred to in paragraph 3 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions no later than 31 December 2030. Amendment 173 Proposal for a regulation Article 25 – paragraph 5 5.  The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. deleted Amendment 174 Proposal for a regulation Article 26 – paragraph 4 4.  As part of the control system, the audit strategy may be based on the financial audit of a representative sample of expenditure. That representative sample shall be complemented by a selection based on an assessment of the risks related to expenditure. 4.  As part of the control system, the audit strategy shall be based on the financial audit of at least a representative sample of expenditure. That representative sample shall be complemented by a selection based on an assessment of the risks related to expenditure. Amendment 175 Proposal for a regulation Article 27 – paragraph 2 2.  The power to adopt delegated acts referred to in Article 24 shall be conferred on the Commission until 31 December 2028. 2.  The power to adopt delegated acts referred to in Articles 23 and 24 shall be conferred on the Commission until 31 December 2028. Amendment 176 Proposal for a regulation Article 27 – paragraph 3 3.  The delegation of power referred to in Article 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of 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. 3.  The delegation of power referred to in Articles 23 and 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of 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. Amendment 177 Proposal for a regulation Article 27 – paragraph 6 6.  A delegated act adopted pursuant to article 24 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. 6.  A delegated act adopted pursuant to Articles 23 and 24 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. Amendment 178 Proposal for a regulation Article 29 – paragraph 1 1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. 1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, truthful, effective and proportionate targeted information to multiple audiences, including the media and the public. Amendment 179 Proposal for a regulation Article 29 – paragraph 2 2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article [3]. 2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. It shall also ensure integrated information and access to potential applicants to Union funding in the digital sector. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article [3]. Amendment 180 Proposal for a regulation Annex 1 – part 1 – paragraph 2 – point 1 1.  A joint procurement framework for an integrated network of world-class HPC including exascale supercomputing and data infrastructure. It will be accessible on a non-economic basis to public and private users and for publicly funded research purposes. 1.  A joint procurement framework for an integrated network of world-class HPC including exascale supercomputing and data infrastructure. It will be accessible to all businesses and public administrations, and on a non-economic basis to public and private users and for publicly funded research purposes. Amendment 181 Proposal for a regulation Annex 1 – part 1 – paragraph 2 – point 6 6.  The deployment of ready to use/operational technology: supercomputing as a service resulting from R&I to build an integrated European HPC ecosystem, covering all scientific and industrial value chain segments (hardware, software, applications, services, interconnections and advanced digital skills). 6.  The deployment of ready to use/operational technology: supercomputing as a service resulting from R&I, in particular new technologies that have previously benefitted or that currently benefit from Union funding, to build an integrated European HPC ecosystem, covering all scientific and industrial value chain segments(hardware, software, applications, services, interconnections and advanced digital skills). Amendment 182 Proposal for a regulation Annex 1 – part 2 – paragraph 1 The Programme shall build up and strengthen core Artificial Intelligence capacities in Europe including data resources and repositories of algorithms and making them accessible by all businesses and public administrations as well as reinforcement and networking of existing AI testing and experimentation facilities in Member States. The Programme shall build up and strengthen core capacities of Artificial Intelligence and distributed ledger technologies in Europe including data resources and repositories of algorithms and making them accessible by all businesses and public administrations as well as reinforcement and networking of existing AI testing and experimentation facilities in Member States. Amendment 183 Proposal for a regulation Annex 1 – part 4 – paragraph 1 The Programme shall support easy access to advanced digital skills, notably in HPC, AI, distributed ledgers (e.g. blockchain) and cybersecurity for the current and future labour force by offering students, recent graduates, and existing workers, wherever they are situated, with the means to acquire and develop these skills. The Programme shall support easy access and training opportunities in advanced digital skills, notably in HPC, AI, distributed ledgers (e.g. blockchain) and cybersecurity for the current and future labour force by offering students, recent graduates or citizens of all ages in need of upskilling, jobseekers and existing workers, wherever they are situated, with the means to acquire and develop these skills. Amendment 184 Proposal for a regulation Annex 1 – part 4 – paragraph 2 – point 1 1.  Access to on the job training by taking part in traineeships in competence centres and companies deploying advanced technologies. 1.  Access to on the job training and blended learning opportunities by taking part in traineeships in competence centres and companies deploying advanced technologies. Amendment 185 Proposal for a regulation Annex 1 – part 4 – paragraph 4 All interventions will be designed and implemented primarily through the Digital Innovation Hubs, as defined in Article 15. All interventions will be designed and implemented primarily through the Digital Innovation Hubs, as defined in Article 16. Amendment 186 Proposal for a regulation Annex 1 – part 5 – subpart I – point 1 – point 1.2 1.2.  Support the design, piloting, deployment, maintenance and promotion of a coherent eco-system of cross-border digital services infrastructure and facilitate seamless end-to-end, secure, interoperable, multi-lingual, interoperable cross-border or cross-sector solutions and common frameworks within public administration. Methodologies for assessing the impact and benefits shall also be included. 1.2.  Support the design, piloting, deployment, maintenance, expansion and promotion of a coherent eco-system of cross-border digital services infrastructure and facilitate seamless end-to-end, secure, interoperable, multi-lingual, interoperable cross-border or cross-sector solutions and common frameworks within public administration. Methodologies for assessing the impact and benefits shall also be included. Amendment 187 Proposal for a regulation Annex 1 – part 5 – subpart I – point 2 – point 2.1 2.1.  Ensure that EU citizens can access, share, use, and manage their personal health data securely across borders irrespective of their location or the location of the data. Complete the eHealth Digital Service Infrastructure and extend it by new digital services, support deployment of the European exchange format for electronic health records. 2.1.  Ensure that EU citizens can access, share, use, and manage their personal health data securely and in a way that guarantees their privacy across borders irrespective of their location or the location of the data. Complete the eHealth Digital Service Infrastructure and extend it by new digital services, support deployment of the European exchange format for electronic health records. Amendment 188 Proposal for a regulation Annex 1 – part 5 – subpart I – point 3 3.  Judiciary: Enable seamless and secure cross-border electronic communication within the judiciary and between the judiciary and other competent bodies in the area of civil and criminal justice. Improve access to justice and juridical information and procedures to citizens, businesses, legal practitioners and members of the judiciary with semantically interoperable interconnections to national databases and registers as well as facilitating the out-of-court dispute resolution online. Promote the development and implementation of innovative technologies for courts and legal practitioners based on artificial intelligence solutions which are likely to streamline and speed-up procedures (for example “legal tech” applications). 3.  Judiciary: Enable seamless and secure cross-border electronic communication within the judiciary and between the judiciary and other competent bodies in the area of civil and criminal justice. Improve access to justice and juridical information and procedures to citizens, businesses, legal practitioners and members of the judiciary with semantically interoperable interconnections to databases and registers as well as facilitating the out-of-court dispute resolution online. Promote the development and implementation of innovative technologies for courts and legal practitioners based on artificial intelligence solutions which are likely to streamline and speed-up procedures (for example “legal tech” applications). Amendment 189 Proposal for a regulation Annex 1 – part 5 – subpart I – point 4 4.  Transport, energy and environment: Deploy decentralised solutions and infrastructures required for large-scale digital applications such as smart cities or smart rural areas in support of transport, energy and environmental policies. 4.  Transport, energy and environment: Deploy decentralised solutions and infrastructures required for large-scale digital applications such as smart cities, smart rural areas or outermost regions in support of transport, energy and environmental policies. Amendment 190 Proposal for a regulation Annex 1 – part 5 – subpart II – title II Initial activities related to the digitization of industry: II Initial activities related to the digitisation of industry: Amendment 191 Proposal for a regulation Annex 2 – part 2 – point 2.2 2.2  Number of companies and organisations using AI 2.2  Number of companies and organisations testing and experimenting with AI in co-operation with Digital Innovations Hubs Amendment 192 Proposal for a regulation Annex 2 – part 2 – point 2.2 a (new) 2.2a   Number of concrete AI applications supported by the programme that are being currently commercialised. Amendment 193 Proposal for a regulation Annex 2 – part 4 – point 4.1 4.1  Number of ICT specialists trained and working 4.1  Number of ICT specialists trained and working each year in the Union Amendment 194 Proposal for a regulation Annex 2 – part 4 – point 4.2 4.2  Number of enterprises having difficulty recruiting ICT specialists 4.2  Number of enterprises having difficulty recruiting ICT specialists each year in the Union Amendment 195 Proposal for a regulation Annex 2 – part 4 – point 4.2 b (new) 4.2b   Number of students, recent graduates and unemployed that have improved their status after training provided in the framework of the programme. Amendment 196 Proposal for a regulation Annex 2 – part 5 – point 5.1 5.1  Take-up of digital public services 5.1  Frequency of take-up of digital public services Amendment 197 Proposal for a regulation Annex 2 – part 5 – point 5.2 5.2  Enterprises with high digital intensity score 5.2  Number of enterprises with high digital intensity score Amendment 198 Proposal for a regulation Annex 2 – part 5 – point 5.3 5.3  Alignment of the National Interoperability Framework with the European Interoperability Framework 5.3  Extent of alignment of the National Interoperability Framework with the European Interoperability Framework Amendment 199 Proposal for a regulation Annex 3 – point 1 – point b a (new) (ba)   Digital Europe Programme shall actively create synergies with Horizon Europe around the sustainability of data originating from research projects; Amendment 200 Proposal for a regulation Annex 3 – point 1 – point c (c)  Digital Europe will invest in (i) digital capacity building in High Performance Computing, Artificial Intelligence, Cybersecurity and advanced digital skills; and (ii) national and regional deployment within an EU framework of digital capacities and the latest digital technologies in areas of public interest (such as health, public administration, justice and education) or market failure (such as the digitisation of businesses, notably small and medium enterprises); (c)  Digital Europe will invest in (i) digital capacity building in High Performance Computing, Artificial Intelligence, Cybersecurity and advanced digital skills; and (ii) national, regional and local deployment within an EU framework of digital capacities and the latest digital technologies in areas of public interest (such as health, public administration, justice and education) or market failure (such as the digitisation of businesses, notably small and medium enterprises); Amendment 201 Proposal for a regulation Annex 3 – point 3 – point c (c)  Digital Europe will invest in (i) digital capacity building in High Performance Computing, Artificial Intelligence, Cybersecurity and advanced digital skills; and (ii) national and regional deployment within an EU framework of digital capacities and the latest digital technologies in areas of public interest (such as health, public administration, justice and education) or market failure (such as the digitisation of businesses, notably small and medium enterprises); (c)  Digital Europe will invest in (i) digital capacity building in High Performance Computing, Artificial Intelligence, distributed ledger technology, Cybersecurity and advanced digital skills; and (ii) national and regional deployment within an EU framework of digital capacities and the latest digital technologies in areas of public interest (such as health, public administration, justice and education) or market failure (such as the digitisation of businesses, notably small and medium enterprises);