60 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0039(COD)
Amendment 103 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) According to the Digital Economy and Society Index (DESI) for 2021, connectivity across the Union has improved in ‘very high-capacity networks' (VHCN) and is available in 59% of the Union households but it is still far from universal coverage of Gigabit networks.
Amendment 107 #
Proposal for a regulation
Recital 4
Recital 4
(4) The EU adopted the GOVSATCOM component of Regulation (EU) 2021/696 on 28 April 2021, to ensure the long-term availability of reliable, secure, scalable and cost-effective satellite communications services for GOVSATCOM users. Regulation (EU) 2021/696 envisages that in a first phase, of the GOVSATCOM component until approximately 2025, existing capacity would be used. In that context, the Commission is to procure GOVSATCOM capacities from Member States with national systems and space capacities and from commercial satellite communication or service providers, taking into account the essential security interests of the Union. In that first phase, GOVSATCOM services are to be introduced by a step-by-step approach. It is also based on the premise that if in the course of the first phase a detailed analysis of future supply and demand reveals that this approach was insufficient to cover the evolving demand, will be necessary to move to a second phase and develop additional bespoke space infrastructure or capacities through cooperation with the private sector, e.g. with Union satellite operators.
Amendment 110 #
Proposal for a regulation
Recital 7
Recital 7
(7) The effect of hybrid operations in space not only affects the military and defence domain but can also have a significant impact on civil commercial activities that increasingly rely on space capabilities. In order to tackle this challenge the Commission’s ‘Action Plan on synergies between civil, defence and space industries’ of 22 February 2021, states that it aims to ‘enable access to high-speed connectivity for everyone in Europe, and provide a resilient connectivity system allowing Europe to remain connected whatever happens’19 . _________________ 19 COM(2021) 70 final.
Amendment 113 #
Proposal for a regulation
Recital 9
Recital 9
(9) Satellite communication can increase the overall resilience of communication networks. A space-based communication system is the only viable option in situations where ground-based systems are non-existent, disrupted or unreliable. For example, it can provide means for digital communication in areas where terrestrial networks are absent, including over oceans and during flights, as well as over remote areas, or where local networks have been destroyed due to natural disasters, or they cannot be trusted in crisis situations thus reducing the digital divide across the Union.
Amendment 121 #
Proposal for a regulation
Recital 12
Recital 12
(12) Since June 2019, Member States have signed the European Quantum Communication Infrastructure (EuroQCI) Declaration, agreeing to work together, with the Commission and with the support of ESA, towards the development of a quantum communication infrastructure covering the whole EU. According to that Declaration, EuroQCI aims at deploying a certified secure end-to-end quantum communication infrastructure, enabling information and data to be transmitted and stored ultra-securely and capable of linking critical public communication assets all over the Union. To that purpose an interconnected space infrastructure and terrestrial infrastructure, should be built to enable the generation and distribution of cryptographic keys based on quantum information theory. The Programme will contribute to meet the objectives of the EuroQCI Declaration by developing a EuroQCI space infrastructure integrated into the space and ground infrastructure of the Programme, while also ensuring interoperability with High-Performance Computing across the EU. The EuroQCI space infrastructure should be developed in the Programme in two main phases, a preliminary validation phase and a full deployment phase, which should see full integration with the Programme, including appropriate solutions for inter-satellite connectivity and data relay between satellites and the ground. The Programme should integrate the EuroQCI in its governmental infrastructure, as it will provide future-proof cryptographic systems that offer unprecedented levels of secure communications by resisting future quantum computing attacks.
Amendment 127 #
Proposal for a regulation
Recital 15
Recital 15
(15) The services enabled by the Programme should connect strategic areas such as the Arctic and, Africa, and contribute to geopolitical resilience by Black Sea and Atlantic-Mediterranean regions offering additional connectivity in line with policy targets in these regions and the Global Gateway strategy20 . _________________ 20 JOIN(2021) 30 final.
Amendment 135 #
Proposal for a regulation
Recital 20
Recital 20
(20) Operational requirements for the governmental services should be based on the use-case analysisthe assessment of Member States’ needs. When assessing these requirements the current market capacities should be used to the largest extent possible. From those operational requirements, in combination with security requirements and evolving demand of governmental services, the portfolio of governmental services should be developed. The service portfolio should establish the applicable baseline for the governmental services. The service portfolio for the governmental services should take into account the service portfolio of the GOVSATCOM services established within the framework of Regulation (EU) 2021/696. In order to maintain the best possible match between the demand and supplied services, the service portfolio for governmental services should be regularly updated after consulting Member States and industry.
Amendment 138 #
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 commercial services could in particular contribute to availability of high-speed broadband and seamless connectivity throughout Europe, removing communication dead zones and increasing cohesion across Member State territories, including rural, peripheral, remote and isolated areas and islands, while bridging the digital divide across the Union, and provide connectivity over geographical areas of strategic interest such as the Arctic, Africa, Black Sea and Atlantic-Mediterranean regions.
Amendment 143 #
(24) Each Programme participant should designate a Secure Connectivity Competent Authority to monitor whether users, and other national entities that play a role in the Programme, comply with the applicable rules and security procedures as laid down in the security requirements. The Programme should not undermine the implementation of other Union programmes and therefore the amount of the financial envelop should be drawn from the unallocated margins under the MFF ceilings or mobilised through the non-thematic MFF special instruments.
Amendment 146 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Horizon Europe Programme will allocate a dedicated share of its Cluster 4 components to R&I activities related to development and validation of the secure connectivity system, including for the potential technologies that would be developed under New Space. The allocation of the funds should not detract from other R&I activities conducted under Cluster 4, which are essential for the Union's competitiveness and the green and digital transitions. The Neighbourhood, Development and International Cooperation Instrument (NDICI) will allocate a dedicated share of its Global Europe funds for activities related to the operation of the system and the worldwide provision of services that will allow to offer an array of services to international partners. The Union Space Programme will allocate a dedicated share of its GOVSATCOM component for the activities related to the development of the GOVSATCOM Hub which will form part of the ground infrastructure of the Secure Connectivity system. The funding stemming from these programmes should be implemented in accordance with the rules of these programmes. Since those rules may differ significantly from the rules under this Regulation, the need to achieve effectively the intended policy objectives should be taken into account when deciding to finance actions from both the allocated funds from Horizon Europe and NDICI and from the Union Secure Connectivity Programme.
Amendment 149 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 151 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) In addition to the Union budget the Programme should be funded partly by contributions from the Member states and the private sector, including in-kind contributions. Member States’ contributions should be made in accordance with their needs and demand for services made available through the Programme.
Amendment 154 #
Proposal for a regulation
Recital 33
Recital 33
(33) Procurement contracts concluded under the Programme for activities financed by the Programme should comply with Union rules. The Union should ensure the participation of new entrants, SMEs and start-ups from all Member States in procurement procedures. In that context, the Union should also be responsible for defining the objectives to be pursued as regards public procurement.
Amendment 164 #
Proposal for a regulation
Recital 52
Recital 52
(52) The cybersecurity of the Programme infrastructures, both ground and space, is key to ensuring the continuity of the service and the operations of the system. TCybersecurity threats to satellites are key concern for space sustainability and therefore the need to protect the system and its services against cyberattacks, including by making use of new technologies, should therefore be duly taken into account when establishing security requirements.
Amendment 166 #
Proposal for a regulation
Recital 56
Recital 56
(56) An important objective of the Programme is to ensure the security 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. These requirements should be defined in close cooperation with Member States, taking into account established security accreditations. That should not undermine the need for competitiveness and cost-effectiveness.
Amendment 177 #
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 theA pricing policy should be developed for additional use of service provisions in order to avoid aprevent distortions of the market and to avoid a shortage of capacities. 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 178 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) The Commission should develop a holistic methodology for conducting environmental and social impact assessment applying to all operations covered by this Programme. The methodology will set the minimal environmental and social criteria that will need to be satisfied to be eligible for financing. The assessment of environmental impact should include, inter alia, the impact on ground-based astronomical observations, including the on wide-field surveys in the optical and infrared, air pollution from re-entering mega-constellation satellites, impact on animals, and general impact on health.
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Union Secure Connectivity Programme (‘the Programme’). It lays down the objectives of the Programme in accordance with Regulation (EU) 2021/696, and the rules on the activities of the Programme, infrastructure and services of the Programme, participants of the Programme, the budget for the period 2023-2027, the forms of Union funding and the rules for providing such funding, as well as the rules for the implementation of the Programme.
Amendment 192 #
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, and environmentally friendly 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 economy, environment, security and defence, thereby increasing the resilience of Member States;
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) safeguard EU sovereignty and security and avoid excessive reliance on non-EU based solutions, in particular for security-sensitive functions;
Amendment 203 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) improve the resilience of the Union communication serviceensure resilient and secure connections with advanced technological features meeting Union needs on a globally competitive basis by developing, building and operating a multi-orbital connectivity infrastructure, continuously adapted to evolution of demand for satellite communications, while taking into account the existing and future assets of the Member States used in the frame of the GOVSATCOM component of the Union Space Programme established by Regulation (EU) 2021/69643 ; _________________ 43 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(a a) provide the Union with an appropriate level of strategic autonomy in terms of technologies, assets, operations and services;
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) improve, create synergies and expand the capabilities and services of other components of the Union Space Programme;
Amendment 211 #
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) incentivise the deployment of innovative and disruptive technologies, in particular by leveraging the New Space industry and encourage New Space companies to get involved with their own projects or as subcontractors in the implementation of the Programme in line with the policy for active involvement and capacity building in all Member States; and
Amendment 215 #
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) allow further development of high- speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Unaddressing growing data and service demands, removing communication dead zones in support of the inclusive, cohesive and sustainable development of Union regions while bridging the digital divide, and allow connectivity over geographical areas of strategic interest of the Union such as the Arctic, Africa, Black Sea and Atlantic- Mediterranean regions.
Amendment 224 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The provision of the governmental services referred to in Article 7(1) shall be ensured through the implementation of the following activities: , in line with the objectives of the Union Space Programme as referred to in Article 4 of Regulation (EU) 2021/696 :
Amendment 246 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Where the governmental and commercial services rely on common assets, the contracts referred to in Article 15 shall determine which of those assets shall be part of the governmental infrastructure in order to ensure the protection of the security interests of the Union and its Member States.
Amendment 255 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) establish criteria for the award of the contracts referred to in Article 15 ensuring the participation of new entrants, start-ups and small and medium-sized enterprises (SMEs) from across the Unionll Member States and along the whole relevant value chain;
Amendment 257 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) require that the contractor referred to in Article 15(2) provides a plan on the integration of new entrants, start-ups and SMEs from across the Unionll Member States in the activities under the contracts referred to in Article 15;
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6 a. The provision of the services shall be equal within the Member States in the terms of service portfolio, geographical availability, service performance and quality levels.
Amendment 291 #
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 shall be EUR 1,600 billion in current prices. That amount shall be drawn from the unallocated margins under the MFF 2021-2027 ceilings or mobilised through the non-thematic MFF special instruments.
Amendment 293 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – indent 1
Article 11 – paragraph 1 – subparagraph 2 – indent 1
Amendment 294 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – indent 2
Article 11 – paragraph 1 – subparagraph 2 – indent 2
Amendment 307 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. The implementation of the systems shall benefit all European citizens in order to promote competitiveness for all sectors of the economy, with particular emphasis on the participation of "New Space" companies, as well as capacity building and development in all Member States;
Amendment 315 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7 a. The contracts referred to in this Article shall contain provisions on the establishment of a scheme to mitigate risks of cyber attacks, establish cyber resilience plans and provision of rights to access and to audit, according to the number of governmental and commercial users, the core characteristic or level of the service or component contracted or procured and the size of the tenderer.
Amendment 320 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Procurement under the Programme shall be carried out in accordance with the rules on procurement laid down by the Financial Regulation as an essential element in ensuring transparency and efficiency in the process.
Amendment 321 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) to promote in all Member States throughout the Union and throughout the supply chain, the widest and most open participation possible by economic operators, in particular start-ups, new entrants and SMEs, including in the case of sub-contracting by the tenderers, by performing, where possible, previous consultations with stakeholders, SMEs, research organisations regarding the field of the tender;
Amendment 323 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) to protect the security and public interest of the Union and its Member States, including through a reinforcement of the autonomy of the Union, in particular in technological terms, thus avoiding the supply of components, products and services from single suppliers or single third countries, or if not possible, by performing according risk assessments and implementing disruption risk mitigation measures when only one supplier is available;
Amendment 324 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) to protect the security and public interest of the Union and its Member States, including through a reinforcement of the digital sovereignty and strategic autonomy of the Union, in particular in technological terms;
Amendment 325 #
Proposal for a regulation
Article 17 – paragraph 2 – point g
Article 17 – paragraph 2 – point g
(g) to promote service accessibility, continuity and reliability;
Amendment 327 #
Proposal for a regulation
Article 17 – paragraph 2 – point h
Article 17 – paragraph 2 – point h
(h) to satisfy environmental and social sustainability criteria;
Amendment 329 #
Proposal for a regulation
Article 17 – paragraph 2 – point h a (new)
Article 17 – paragraph 2 – point h a (new)
(h a) to ensure space sustainability;
Amendment 334 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. To encourage new entrants, SMEs and start-ups across the Union and their cross-border participation, and to offer the widest possible geographical coverage while protecting the Union’s strategic autonomy, the contracting authority shall request that the tenderer subcontracts part of the contract by competitive tendering at the appropriate levels of subcontracting to companies other than those affiliated with the tenderer’s group.
Amendment 342 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Eligibility and participation conditions shall apply to the award procedures carried out in the implementation of the Programme, where necessary and appropriate to preserve the security, integrity and resilience of the operational Union systems as set out in Article 24 of Regulation (EU) 2021/696, taking into account the objective to promote the Union's strategic autonomy, in particular in terms of technology across key technologies and value chains, while preserving an open economy. Thus, contracts and procurement procedures defined under Article 15 of this Regulation must ensure operations continuity, either by diversification of product, components and services supplies among providers and third countries or by implementing disruption risk measures.
Amendment 344 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Without prejudice to the tasks of the contractor referred to in Article 15(2), the Agency or other entrusted entities, the Commission shall ensure that the uptake and use of the services provided by the Programme is promoted and maximised. It shall ensure complementarity, consistency, synergies and links between the Programme and other Union actions and programmes at conditions that avoid distortions of competition and remain cost effective, protecting the sustainability of the Public- Private Partnership and of the financial interest of the Union. It shall ensure complementarity, consistency, synergies and links between the Programme and other Union actions and programmes. It shall ensure a secure operating environment in accordance with applicable standards and achieve synergies between the different components of the Union Space Programme (EGNOS, Galileo, GOVSATCOM, SSA and the new component on secure connectivity).
Amendment 345 #
Proposal for a regulation
Article 23 – paragraph 7 a (new)
Article 23 – paragraph 7 a (new)
7 a. The Commission shall develop a methodology to assess positive and negative environmental and social impacts of the Programme on the biophysical and human environment, covering identification, description and assessment of possible significant effects. It will set the minimal environmental and social criteria for projects to be considered eligible for financing.
Amendment 361 #
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(b a) The Commission shall ensure control over the infrastructure shared with the private partner. Contractual provisions shall be considered in the concession agreement such as buy-back option in case of default, veto right in case of acquisition by a third country company and vetting of key personnel.
Amendment 379 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
The objectives of the Programme in terms of programming, monitoring, evaluation and control activities should be in line with Title X of Regulation (EU) 2021/696. The Programme shall be implemented by the work programme referred to in Article 110 of the Financial Regulation. The work programme shall set out the actions and associated budget required to meet the objectives of the Programme and, where applicable, the overall amount reserved for blending operations. The work programme shall complement the work programme for GOVSATCOM component of the Union Space Programme referred to in Article 100 of Regulation (EU) 2021/696.
Amendment 381 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – introductory part
Article 39 – paragraph 2 – subparagraph 1 – introductory part
By [DATE 32 YEARS AFTER THE ENTRY INTO FORCE], and every fourtwo years thereafter, the Commission shall evaluate the implementation of the Programme. It shall assess:
Amendment 382 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) the synergy and complementarity of the Programme with the other components of the Union Space Programme.
Amendment 384 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b b (new)
Article 39 – paragraph 2 – subparagraph 1 – point b b (new)
(b b) the ecological footprint of the Programme based on the impact assessment as set out in Article 7a.
Amendment 386 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. with a view of improving the EU-wide communication about the benefits of space services, while including SMEs in awareness-raising in order to demonstrate their involvement in the development and delivery of space services to citizens.
Amendment 392 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 2
Annex I – paragraph 1 – subparagraph 2 – subparagraph 2
Indicator 2: Service availabilityThe system performance in term of coverage (over 99.5% availability), service availability (over 99.9%), bandwidth, and resilience to threats and potential attacks.
Amendment 397 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 5 a (new)
Annex I – paragraph 1 – subparagraph 2 – subparagraph 5 a (new)
Measurement of the environmental impact of space launches.
Amendment 403 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 5 – subparagraph 1
Annex I – paragraph 1 – subparagraph 5 – subparagraph 1
Indicator 1: Number of start-up, SME and midcap companies per Member State participating in the development of the infrastructure
Amendment 404 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 5 a (new)
Annex I – paragraph 1 – subparagraph 5 a (new)
Criteria for the award of the concession ensuring the participation of start-ups and SMEs along the whole value chain of the concession.
Amendment 405 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – introductory part
Annex I – paragraph 1 – subparagraph 6 – introductory part
Specific objective 5: Allow further development of high-speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Union such as the Arctic, Africa, Black Sea and Atlantic- Mediterranean regions.
Amendment 414 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – subparagraph 2 a (new)
Annex I – paragraph 1 – subparagraph 6 – subparagraph 2 a (new)
Location of system management and operations in the Union.
Amendment 415 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – subparagraph 2 b (new)
Annex I – paragraph 1 – subparagraph 6 – subparagraph 2 b (new)
Software produced and validated in the Union.
Amendment 416 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – subparagraph 2 c (new)
Annex I – paragraph 1 – subparagraph 6 – subparagraph 2 c (new)
Testing of technology in the Union.