PURPOSE: to conclude the Cooperation Agreement between
the EU and its Member States of the one part, and the Swiss
Confederation, of the other, on the European Satellite Navigation
Programmes.
PROPOSED ACT: Council Decision.
BACKGROUND: by its Decision of 29 June 2010, the
Council authorised the Commission to open negotiations with
Switzerland for establishing a cooperation agreement on satellite
navigation. Switzerland is one of the Unions closest partners
in the Galileo programme since the early days of the programme and
has contributed politically, technically and financially to all
phases of the programme through its membership in the European
Space Agency (ESA) and its informal participation in the
Galileo-specific EU governance structures over the years. The
Agreement will formalise and deepen this close integration of
Switzerland in the European GNSS programmes. Without this
Agreement, there would be uncertainty about the nature of the
collaboration in areas such as security, export control,
standardisation, certification and radio spectrum. Moreover, the
Agreement allows the EU to set overall principles including
safeguard measures in the areas of security and export
control.
IMPACT ASSESSMENT: no impact assessment was
undertaken. The Special Committee of the Council, authorities of
the Member States and Switzerland have been consulted and support
the close integration of Switzerland in cooperation in the European
GNSS programmes matters and underlined the importance of including
issues such as security and export control in the
Agreement.
LEGAL BASIS: Article 172 in conjunction with Article
218(6)(a) of the Treaty on the Functioning of the European
Union.
CONTENT: the proposal provides for the approval of the
Cooperation Agreement on the European Satellite Navigation
Programmes between the EU and its Member States and Switzerland.
The main points of the Agreement are as follows:
Objective: the aim of
the Agreement is to encourage, facilitate and enhance long-term
cooperation between the Parties in satellite navigation under civil
control and in particular by the participation of Switzerland in
the European GNSS programmes.
Principles of cooperation: the Parties agree to apply the following principles
to cooperation activities covered by the Agreement:
·
mutual benefit based on an overall balance of
rights and obligations including contributions and access to all
services as laid down in the Agreement;
·
reciprocal opportunities to engage in
cooperative activities in the European Union and Swiss GNSS
projects;
·
timely exchange of information that may affect
cooperative activities;
·
adequate and effective protection of
intellectual property rights as referred to in the
Agreement;
·
freedom to provide satellite navigation services
in the territories of the Parties;
·
unrestricted trade in European GNSS goods in the
territories of the Parties.
Cooperation activities:
the sectors for cooperation activities in satellite navigation and
timing are:
·
radio- spectrum,
·
scientific research and training,
·
procurement,
·
industrial cooperation,
·
intellectual property rights,
·
export control,
·
trade and market development,
·
standards, certification and regulatory
measures,
·
security,
·
exchange of classified information,
·
staff exchanges, and
·
access to services.
The Agreement contains separate provisions on all
these sectors. It further provides that the Agreement shall not
affect the institutional autonomy of the EU to regulate the
European GNSS programmes nor the structure established by the
European Union for the purpose of the operations of the European
GNSS programmes. Nor does the Agreement affect the applicable
regulatory measures implementing non-proliferation commitments,
export control, controls of intangible transfers of technology nor
does it affect national security measures.
Safeguard measures: each
Party may, after consultations within the Joint Committee, take
appropriate safeguard measures, including the suspension of one or
several cooperation activities, if it finds that an equivalent
degree of export control or security is no longer assured between
the Parties.
Funding: Switzerland
shall contribute to the funding of the European GNSS programmes.
The Swiss contribution shall be calculated on the basis of the
proportionality factor, which is obtained by establishing the ratio
between Switzerlands gross domestic product, at market
prices, and the sum of gross domestic products, at market prices,
of the Member States of the European Union.
For the period 2008-2013, the Swiss financial
participation to the European GNSS programmes amounts to EUR 80
050 870.
This amount shall be paid as follows:
- 2012: EUR 20 000 000;
- 2013: EUR 40 000 000;
- 2014: EUR 20 050 870.
As of 2014, the Swiss contribution shall be paid
annually.
The Agreement contains clauses on the settlement of
disputes, revision, termination, entry into force and
arbitration.
BUDGETARY IMPLICATIONS: the proposal has only a
positive implication for the Union budget. Switzerland will
participate financially in the European GNSS programmes following
the same formula as for the Swiss participation in the 7th EU RTD
Framework Programmes (FP7). The Swiss
contribution shall be calculated on the basis of the
proportionality factor which is obtained by establishing the ratio
between Switzerland's gross domestic product, at market prices, and
the sum of the gross domestic products, at market prices of the
Member States of the European Union.