23 Amendments of Marc BOTENGA related to 2022/0039(COD)
Amendment 104 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 111 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Union should ensure the provision of resilient, global, guaranteed and flexible satellite communication solutions for evolving governmental needs, social needs and the public interest, built on an EU technological and industrial base, in order to increase the resilience of Member States’ and Union institutions’ operations by guaranteed and uninterrupted access to satellite communication.
Amendment 126 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 133 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is important that the Union owns all tangible and intangible assets related to governmental infrastructure while ensuring the respect of the Charter of Fundamental Rights of the European Union, including its Article 17. Despite the ownership by the Union of those assets, it should be possible for the Union, in accordance with this Regulation and, where it is deemenecessary for the public interest and appropriate on a case- by-case assessment, to make those assets available to third parties or to dispose of them.
Amendment 134 #
Proposal for a regulation
Recital 19
Recital 19
(19) The Programme should provide services aimed at meeting the needs of the governmental users. The High Level Civil Military User Needs for Governmental Satellite Communications21 , which was endorsed by the Council Security Committee in March 2017, identified three pillars of governmental services use- cases: surveillance, crisis management and connection and protection of key infrastructures. _________________ 21 EEAS(2017) 359 regarding crisis management and connection and protection of key infrastructures. The Programme should not provide military and defences services outside the borders of the Union and its Member States.
Amendment 141 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should also allow for the provision of commercial services by the private sector. Such commercialguarantee public infrastructure for the provision of strategic services. Such services cshould in particular contribute to availability of affordable high-speed broadband and seamless connectivity throughout Europe, removing communication dead zones and increasing cohesion between Member States and across Member State territories, including rural, peripheral, remote and isolated areas and islands, and provide connectivity over geographical areas of strategic interest.
Amendment 142 #
Proposal for a regulation
Recital 23
Recital 23
(23) Member States, the Council, the Commission, the European Parliament and the European External Action Service (‘EEAS’), as well as Union agencies and bodies should be able to become the Programme participants, insofar as they choose to authorise users of governmental services or provide capacities, sites or facilities. Taking into consideration that it is for the Member States to decide whether to authorise national users of governmental services, Member States should not be obliged to become Programme participants or to host Programme infrastructure.
Amendment 167 #
Proposal for a regulation
Recital 56
Recital 56
(56) An important objective of the Programme is to ensure the securitywell- functioning of the Union and the Member States and to strengthen the resilience across key technologies and value chains. In specific cases, that objective requires conditions for eligibility and participation to be set, to ensure the protection of the integrity, security and resilience of the operational systems of the Union. That should not undermine the need for competitiveness and cost-effectiveness.
Amendment 174 #
Proposal for a regulation
Recital 64
Recital 64
(64) In principle, the governmental services should be provided free of charge to users of the governmental services. If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The general objective of the Programme is to establish a secure and autonomous space-based connectivity system, under civil control, for the provision of guaranteed and resilient satellite communication services for civil operations, in particular to:
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effective satellite communication services to governmental users in accordance with paragraphs 1 to 3 of Article 7, which supports protection of critical infrastructures, surveillance, external actions, crisis management and applications that are critical for the public interest, economy, environment, security and defenceocial progress, thereby increasing the resilience of Member States;
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) allow for the provision of commercial services by the private sector in accordance with Article 7(4)development of an ambitious public infrastructure and services.
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) incentivise theguarantee the geographically balanced deployment of innovative and disruptive technologies, in particular by leveraging the New Space industry; and across the Union;
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) allow further development and affordable access tof high- speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion between Member States and across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Union, exclusively for civil operations.
Amendment 264 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. require that the contractor referred to in Article 15(2) proves that its activities are in line with the EU taxonomy criteria, with the EU climate targets and the European Pillar of Social Rights.
Amendment 271 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The provision of commercial services and any related risks, shall be financed by the contractor referred to in Article 15(2). The terms and conditions for the provision of commercial services shall be determined in the contracts referred to in Article 15. They shall in particular specify how the Commission will assess and approve the provision of commercial services to ensure that the Union’s essential interests and the Programme’s general and specific objectives referred to in Article 3 are preserved. They shall also include adequate safeguards to prevent distortions of competition in the provision of commercial services, to avoid any conflict of interest, undue discrimination and any other hidden indirect advantages to the contractor referred to in Article 15(2). Such safeguards may include the obligation of accounting separation between the provision of governmental services and the provision of commercial services, including the setting up of a structurally and legally separate entity from the vertically integrated operator for the provision of governmental services, and the provision of open, fair and non- discriminatory access to infrastructure necessary for the provision of commercial services.
Amendment 277 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By way of derogation from paragraph 3, the Commission may, in duly justified cases, where strictly necessary to match supply and demand of governmental services, for a limited period and on an exceptional basis, determine, by means of implementing acts, a pricing policy.
Amendment 284 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States, the Council, the Commission, the European Parliament and the European External Action Service (EEAS) shall be the Programme participants insofar as they authorise the users of the governmental services.
Amendment 292 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The financial envelope for the implementation of the Programme for the period from 1 January 2023 to 31 December 2027 and for covering the associated risks relating to the governmental infrastructure only, shall be EUR 1,600 billion in current prices.
Amendment 299 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. The amount referred to in paragraph 1 may not be used to cover any risks relating to the commercial infrastructure
Amendment 326 #
Proposal for a regulation
Article 17 – paragraph 2 – point h
Article 17 – paragraph 2 – point h
(h) to satisfy environmental criteria; and comply with the Union climate targets;
Amendment 332 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. to ensure high- quality jobs and apply the principles of the European Pillar of Social Rights