Activities of Evžen TOŠENOVSKÝ related to 2022/0039(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Union Secure Connectivity Programme for the period 2023-2027
Amendments (38)
Amendment 155 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) The Programme relies on complex and constantly changing technologies. The reliance on such technologies results in uncertainty and risk for public contracts concluded under the 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, particularly in order to enable cross-border participation of SMEs and start-ups. Finally, given the technological uncertainties that characterise the Programme’s components, 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 161 #
Proposal for a regulation
Recital 43
Recital 43
(43) The mission of the European Union Agency for the Space Programme (‘the Agency’) is to contribute to the Programme, particularly as regards security accreditation and operational security. Certain tasks linked to those areas should therefore be entrusted 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 of the governmental services and infrastructure. Furthermore, the Agency should perform the tasks which the Commission confers on it. When entrusting tasks to the Agency, either as own or as delegated tasks, adequate human, administrative and financial resources should be made available. For this purpose, the Commission should also accordingly update the ‘Legislative Financial Statement’ attached to this Regulation and propose adequate budget for the Agency in the framework of the annual budgetary procedure.
Amendment 165 #
Proposal for a regulation
Recital 53
Recital 53
(53) Where appropriate, after the risk and threat analysis, the Commission should identify a sA security monitoring structure for the Programme should be based on the extension in scope of Galileo Security Monitoring Centres operated by the Agency in accordance with Regulation (EU) 2021/696, namely a Space Security mMonitoring structureCenter. That security monitoring structure should be the entity responding to instructions developed under the scope of Decision (CFSP) 2021/698.
Amendment 168 #
Proposal for a regulation
Recital 57
Recital 57
(57) Considering the importance for the Programme of its ground governmental infrastructure and the impact thereof on its security, the location of such infrastructure should be determined by the Commission. The deployment of the ground governmental infrastructure of the Programme should continue to follow an open and transparent process, which could involve the Agency where appropriate based on its field of competence. For the sake of synergies, cost savings and security, use of the ground infrastructure of the Union Space Programme's components should be assessed as the first option.
Amendment 172 #
Proposal for a regulation
Recital 61
Recital 61
(61) The Programme should be open to participation of third countries and international organisations. A priority should be given to Members of the European Free Trade Association (EFTA) which are members of the European Economic Area (EEA), particularly to those that already become GOVSATCOM participants, which may be allowed, as well as acceding countries, candidate countries and potential candidates as well as, the European Neighbourhood Policy countries and other third countries may be allowed, to participate in the Programme only on the basis of an agreement to be concluded in accordance with Article 218 TFEU.
Amendment 187 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘EU classified information’ means EU classified information as defined in Article 2(25) of Regulation (EU) 2021/696;
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
Article 2 – paragraph 1 – point 9 b (new)
(9 b) ‘Sensitive non-classified information’ means sensitive non- classified information as defined in Article 2(26) of Regulation (EU) 2021/696;
Amendment 227 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) development and validation activities, comprising the construction and launch of the initiadditional space and ground infrastructure required to provide governmental services;
Amendment 228 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) (-a) development of the GOVSATCOM infrastructure, particularly of the GOVSATCOM Hub, serving as a foundation for the Programme;
Amendment 229 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) development and gradual integration of the space and related ground segment of the European Quantum Communication Infrastructure into the space and ground infrastructure of the secure connectivity system
Amendment 231 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The exploitation activities referred to in paragraph 1, point (d), shall begin progressively with the provision of a preliminary set of services by 2024. Those early services shall cover primarily the whole European territory of all Member States, and shall be improved through the gradual deployment of the space and ground infrastructure leading to full operational capability aimed by 2027.
Amendment 242 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Where it is not possible to locate the centre in the territory of the Member States, the Commission may determine the location of such centre in the territory of aMembers of EFTA which are members of EEA or of other third country, subject to a hosting agreement between the Union and the third country concerned concluded in accordance with Article 218 TFEU.
Amendment 249 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Programme shall support an innovative and competitive Union space sector and stimulate the New Space industry in the Union, both upstream and downstream, and in particular the initiatives and activities listed in Article 6 of Regulation (EU) 2021/696, including, where appropriate, support of commercial services.
Amendment 259 #
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 binding plan on the integration of start-ups and SMEs from across the Union in the activities under the contracts referred to in Article 15;
Amendment 268 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall adopt, by means of implementing acts, the operational requirements for governmental services, in the form of technical specifications for use-cases related in particular to crisis management, surveillance and key infrastructure management, including diplomatic communication networks. Those operational requirements shall be based on the detailed analysis of the requirements of the Programme users, shall take into accountbe based on requirements stemming from existing user equipment and networks and operational requirements for GOVSATCOM services according to Article 63(2) of the Space Programme Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
Amendment 273 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The provision of commercial services shall be entirely 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 279 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
By determining this pricing policy, the Commission shall ensure that the provision of the governmental services does not distort competition, that there is no shortage of the governmental services and that the price identified will not result in an overcompensation of the beneficiarycontractor.
Amendment 286 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Each Programme participant shall designate one Secure Connectivity Competent authority. Where GOVSATCOM participants referred to in Article 68 of Regulation (EU) 2021/696, participating in the Programme, designated a competent authority in accordance with Article 68(4) of Regulation 2021/696, they shall designate the same authority as Secure Connectivity Competent authority.
Amendment 287 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Amendment 296 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Programme shall be complemented by funding implemented under the Horizon Europe Programme,by relevant activities under the Cluster 4 of Horizon Europe Programme, the GOVSATCOM component of the Union Space Programme and the Neighbourhood, Development and International Cooperation Instrument (NDICI) for a maximum indicative amount of EUR 0,430 billion, EUR 0,220 billion and EUR 0,150 billion respectively. This funding shall be implemented in accordance with Regulation (EU) No 2021/695. This funding shall be implemented in full compliance with the objectives, rules and procedures set out in Regulation (EU) No 2021/695, Council Decision (EU) 2021/764, Regulation (EU) No 2021/696 and Regulation (EU) No. 2021/947 respectively.
Amendment 300 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) Third countrieMembers of EFTA which are members of EEA or other third countries and international organisations participating in the programme;
Amendment 304 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Possible revenues generated pursuant to Article 8(4) shall be paid into the Union budget and used to finance the Programme.
Amendment 305 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The additional financial contribution referred to in paragraph 1 and 1a of this Article and revenues pursuant to Article 8(4) shall be treated as external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 (the ‘Financial Regulation’).
Amendment 337 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 339 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. For contracts above EUR 10 million, the contracting authority shall ensure that at least 35 % of the value of the contract is subcontracted by competitive tendering at various levels of subcontracting to companies outside the group of the prime tenderer, particularly in order to enable the cross-border participation of SMEs.
Amendment 340 #
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
Amendment 341 #
Proposal for a regulation
Article 18 – paragraph 2 c (new)
Article 18 – paragraph 2 c (new)
2 c. The Commission shall inform the Programme committee referred to in Article 42 on the fulfilment of the objective referred to in paragraph 2a for contracts signed after the entry into force of this Regulation and on the information received from the contracting authority in accordance with paragraph 2b.
Amendment 346 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The own task of the Agency shall be to ensure, through its Security Accreditation Board, the security accreditation of the governmental infrastructure and governmental services in accordance with Chapter II of Title V of Regulation (EU) 2021/696.:
Amendment 347 #
Proposal for a regulation
Article 24 – paragraph 1 – point a (new)
Article 24 – paragraph 1 – point a (new)
(a) to ensure, through its Security Accreditation Board, the security accreditation of the governmental infrastructure and governmental services in accordance with Chapter II of Title V of Regulation (EU) 2021/696;
Amendment 348 #
Proposal for a regulation
Article 24 – paragraph 1 – point b (new)
Article 24 – paragraph 1 – point b (new)
(b) operational security of the governmental infrastructure, including cybersecurity, risk and threat analysis, security monitoring (particularly through its Security Monitoring Centres referred to in Article 34(5)(b) of Regulation (EU) 2021/696), in particular setting technical specifications and operational procedures, and monitoring their compliance with the general security requirements referred to in Article 27(2).
Amendment 349 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. The Commission mayshall entrust, by means of one or more contribution agreements, the following tasks to the Agency:
Amendment 352 #
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) operational management of the governmental infrastructure of the Programme;
Amendment 353 #
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
Amendment 354 #
Proposal for a regulation
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) provision of the governmental services, in particular through the GOVSATCOM Hub;
Amendment 356 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
Amendment 358 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where activities are entrusted to the Agency, either as own tasks referred to in paragraph 1 or as delegated tasks referred to in paragraph 2 and 2a, appropriate financial, human and administrative resources shall be ensured for their implementation. For this purpose, the Commission mayshall allocate part of the budget for the activities entrusted to the Agency for the funding of human resources necessary for their implementation.
Amendment 389 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
For the period 2028-2034, the Programme shall be fully integrated into the Union Space Programme and its governmental part merged with GOVSATCOM component. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses necessary to fulfil the objectives provided for in Article 3, to enable the management of actions not completed by the end of the Programme, as well as expenses covering critical operational activities and services provision.
Amendment 401 #
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 participating in the development of the infrastructure Indicator 2: Overall percentage of the value of the contracts subcontracted by the prime tenderers to SMEs other than those affiliated with the tenderer’s group and share of their cross-border participation