2014/0176(COD) | [ParlTrack]

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Awaiting committee decision

2014/0176(COD) Dissemination of Earth observation satellite data for commercial purposes
Next event: Vote scheduled in committee, 1st reading/single reading 2015/11/10

Role	Committee	Rapporteur	Shadows
Opinion	IMCO	NILSSON Jens (S&D)
Opinion	INTA
Lead	ITRE	KREHL Constanze (S&D)	PATRICIELLO Aldo (EPP), TOŠENOVSKÝ Evžen (ECR), VAN NIEUWENHUIZEN Cora (ALDE), REIMON Michel (Verts/ALE), BORRELLI David (EFD)
Opinion	LIBE	WEIDENHOLZER Josef (S&D)

Lead committee dossier: ITRE/8/00585
Legal Basis TFEU 114-p1

Subjects

Links

Activites

2015/11/10 Vote scheduled in committee, 1st reading/single reading
2015/01/15 Referral to associated committees announced in Parliament
2014/07/17 Committee referral announced in Parliament, 1st reading/single reading
2014/06/17 Legislative proposal published
- COM(2014)0344 summary
  
  PURPOSE: to ensure the proper functioning and development of the internal market of Earth observation satellite data for commercial purposes. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the Commission Communication on the EU Space Industrial Policy from February 2013 “Releasing the potential for economic growth in the space sector” identifies as one of the objectives for an EU space industrial policy the establishment of a comprehensive regulatory framework in order to improve legal coherence and foster the emergence of a European market for space products and services. In this context, the Communication refers in particular to the establishment of a possible regulatory initiative for the production and dissemination of high resolution satellite data for commercial purposes. The Council Conclusions of 30 May 2013 recognised the need to examine existing legal frameworks with a view to promote the security, safety, sustainability and economic development of space activities and invite the Commission to assess the need for the development of a legislative framework on the matter. The dissemination of high resolution satellite data by commercial operators has until now been regulated individually by the Member States where they are registered. There has been no common approach at the national regulatory level for the treatment of high resolution satellite data and for services and products deriving from these data. This leads to a fragmented regulatory framework across the Union, characterised by a lack of coherence, transparency and predictability, which was therefore preventing the market from developing to its full potential. The number of Member States with high resolution satellite data capabilities is increasing, and national regulatory frameworks become more and more diverged. The Commission considers that a functioning internal market for high resolution satellite data and derivative products and services would foster the development of a competitive Union space and services industry, maximise opportunities for Union enterprises to develop and provide innovative earth observation systems and services, and promote the use of high resolution satellite data. IMPACT ASSESSMENT: option 3, basic legislative instrument, is the preferred option combining a good level of economic, strategic and social benefits with a high level of effectiveness and efficiency, while at the same time leaving as much room as possible for Member States for controlling the data-providing businesses in their territory. CONTENT: the Directive seeks to ensure the proper functioning and development of the internal market of Earth observation satellite data for commercial purposes by establishing a transparent, fair and consistent legal framework across Member States. This proposal shall apply to the dissemination of Earth observation data generated by Earth observation systems. The main elements of the proposal are as follows: Definition of high resolution satellite data (HRSD): High resolution satellite data is defined on the basis of precise technical specifications. These technical specifications are set out in the Annex. With the establishment of common technical parameters of HRSD it will be possible to set up a common scope of application of the advanced legal regime and to delimit the internal market of HRSD, as a specific component of the Earth Observation market. Further, the clarification as to which kind or quality of satellite data could possibly harm security interests; and which therefore needs to be disseminated with respect to certain conditions, allows the setting of the most appropriate procedural requirements to safeguard the public. Dissemination of Earth observation data: Member States shall not prohibit, restrict or otherwise impede the dissemination or free circulation of other than high resolution satellite data for reasons of the dissemination being considered sensitive. Any data falling outside the definition will be considered "business - ready", prone for free dissemination without delay enabling the unhindered business cycles. Basic procedure for the dissemination of HRSD: it is foreseen that the dissemination of HRSD approved in accordance with this directive cannot be reassessed, impeded or restricted subsequently, as long as the dissemination is in compliance with the screening or authorisation conducted. The present proposal provides for the basic procedures for the dissemination of HRSD, promoting the equal and non-discriminatory treatment of all EU data resellers by data providers, preventing likely distortions of competition, and additionally enhancing the market opportunities available in the domain of the HRSD.
- DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, TAJANI Antonio

Documents

Legislative proposal published: COM(2014)0344

Amendments	Dossier
26	2014/0176(COD) 2015/06/17 LIBE 26 amendments... Amendment 15 # Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL Proposal for a directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 and 114(1) thereof, Amendment 16 # Aldo PATRICIELLO Proposal for a directive Recital 5 (5) There has been no common ~~approach~~framework at the national regulatory level for the treatment of high resolution satellite data ~~and~~or for services and products deriving from these data. This leads to a fragmented regulatory framework across the Union, characterised by a lack of coherence, transparency and predictability, which was therefore preventing the market from developing to its full potential. Amendment 17 # Tomáš ZDECHOVSKÝ Proposal for a directive Recital 7 (7) To overcome those problems, this Directive should ensure the proper functioning and development of the internal market for high resolution satellite data ~~and~~. This Directive should also ensure the proper functioning and development of the internal market for derivative products and services by establishing a transparent, fair and consistent legal framework across the Union. The approximation of the Member States' legislation in the field of dissemination of high resolution satellite data to ensure coherence as regards of the procedures to control its dissemination should reduce bureaucratic barriers for industry and ease the compliance with legislative requirements. This Directive will enhance business predictability as there would be clearer conditions for the establishment and operation of businesses. Amendment 18 # Monika HOHLMEIER Proposal for a directive Recital 8 a (new) (8a) An internal market for high- resolution satellite data and products and services based on them should be attractive and readily accessible, particularly for SMEs and start-ups, and Member States should therefore introduce preferential procedures for such undertakings. Amendment 19 # Tomáš ZDECHOVSKÝ Proposal for a directive Recital 9 (9) In order to introduce a common Union standard for high resolution satellite data a definition of high resolution satellite data should be provided for which is based on the technical capabilities of the Earth observation system, of its sensors and of the sensor modes which are used to generate the Earth observation data. The technical capabilities of the Earth observation system, its sensors and sensor modes that should be taken into account, are the spectral resolution, the spectral coverage, the spatial resolution, the radiometric resolution, the temporal resolution and the positional accuracy. The definition should be based on the availability of similar Earth observation data on the global markets and should be based on the potential prejudice to the interests, including internal and external security interests, of the Union or of the Member States which can derive from the dissemination of the Earth observation data. This definition also allows the identification of Earth observation satellite data other than high resolution data and is the basis for guaranteeing the free circulation for this data based on the fact that they do not have the potential to cause prejudice to the abefore-mentioned interests. Amendment 20 # Monika HOHLMEIER Proposal for a directive Recital 11 (11) The screening of high resolution satellite data at its first entry on the market in a dedicated screening procedure should guarantee the promotion of the use of high resolution satellite data and the strengthening of Earth observation markets in the Union while preventing prejudice to the interests of the Union or of one or more Member States. The criteria for the screening procedure should take into account all relevant factors of the dissemination of high resolution satellite data in order to ensure that the Member States can set up the most appropriate conditions by the specification of those criteria and by combining the resulting standards within the most suitable procedure. The criteria should describe the metadata of the envisaged dissemination, which ensures, that the screening can be done without assessing the high resolution satellite data itself and therefore can be done prior to the generation and the dissemination of the data. In particular through its transparency, its affordability and its capacity to deliver for clear results allowing a fast and automatic implementation, thereby making it an efficient filtering system, the screening procedure should foster the commercial use of the high resolution satellite data and the businesses involved. Both the costs of procedures and the administrative burden that they entail should be kept as low as possible, and the costs of an application should on no account exceed the actual costs of administration. Amendment 21 # Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL Proposal for a directive Recital 12 (12) In order to ensure that business and administrative needs can be met the most effective and efficient way, Member States may allow for the screening procedure to be carried out by the data provider himself or by any other appropriate p~~rivate~~ublic entity. Amendment 22 # Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL Proposal for a directive Recital 19 (19) The provisions of this Directive should be without prejudice to the application of the general rules on contractual law, and any other relevant law in other areas including competition law, intellectual or industrial property rights, confidentiality, trade secrets, data protection, privacy and consumer rights. Amendment 23 # Monika HOHLMEIER Proposal for a directive Recital 22 a (new) (22a) To enable two or more Member States to apply a common screening and authorisation procedure, the power to adopt legislative acts establishing a common screening and authorisation procedure should be delegated to the Commission pursuant to Article 290 of the Treaty on the Functioning of the European Union. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Amendment 24 # Cornelia ERNST Proposal for a directive Article 2 – paragraph 3 a (new) 3a. This Directive shall not apply to the processing of personal data. Amendment 25 # Cornelia ERNST Proposal for a directive Article 3 – point 8 a (new) (8a) 'personal data' means personal data as defined in Article 2(a) of Directive 95/46/EC; Amendment 26 # Cornelia ERNST Proposal for a directive Article 3 – point 8 b (new) (8b) 'processing of personal data' means processing of personal data as defined in Article 2(b) of Directive 95/46/EC. Amendment 27 # Cornelia ERNST Proposal for a directive Article 7 – paragraph 2 (2) The screening procedure shall determine whether the requirements of Article 2 are met and whether the dissemination is non-sensitive and can be carried out without further authorisation, or whether the dissemination is considered sensitive and requires an authorisation in accordance with Article 8. Amendment 28 # Monika HOHLMEIER Proposal for a directive Article 7 – paragraph 6 (6) Member States shall determine the appropriate ~~private or~~ public entity responsible to carry out the screening procedure. This entity shall notify the result of the screening procedure to the requesting party without undue delay. Amendment 29 # Cornelia ERNST Proposal for a directive Article 7 – paragraph 6 (6) Member States shall determine the appropriate ~~private or~~ public entity responsible to carry out the screening procedure. This entity shall notify the result of the screening procedure to the requesting party without undue delay. The correct application of Article 2(3a) of this Directive shall be monitored by the competent national authority, established pursuant to Article 28 of Directive 95/46/EC, and the European Data Protection Supervisor. Amendment 30 # Monika HOHLMEIER Proposal for a directive Article 8 – paragraph 3 – introductory part (3) The competent national authority may refuse the request for an authorisation of the dissemination of high resolution satellite data, or restrict the dissemination, if it considers that the dissemination could undermine any of the following: Amendment 31 # Cornelia ERNST Proposal for a directive Article 8 – paragraph 3 – point c a (new) (ca) the fundamental rights of a citizen of the Union or any other person present in the territory of a Member State. Amendment 32 # Monika HOHLMEIER Proposal for a directive Article 8 – paragraph 3 – point c a (new) (ca) the fundamental rights of a citizen of the Union; Amendment 33 # Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL Proposal for a directive Article 8 – paragraph 3 – point c a (new) (ca) the right to respect for private and family life, home and communications and the right to the protection of personal data of an individual; Amendment 34 # Monika HOHLMEIER Proposal for a directive Article 8 – paragraph 10 (10) Member States may impose charges for the requests referred to in paragraph 2 as long as these ~~are reasonable and proportionate to~~do not exceed the costs of the authorisation procedure for the competent national authority. Amendment 35 # Monika HOHLMEIER Proposal for a directive Article 8 – paragraph 10 a (new) (10a) Member States shall develop procedures whose administrative burden and costs are as low as possible to attain the purpose of this Directive and facilitate access to the earth observation data market particularly for SMEs and start- ups. Amendment 36 # Monika HOHLMEIER Proposal for a directive Article 8 a (new) Article 8a Joint procedures (1) To implement the provisions of Articles 7 and 8, two or more Member States may apply a joint procedure. (2) The Commission shall be assigned the power to adopt delegated acts as referred to in Article 11b in order to establish a joint procedure pursuant to paragraph 1. (3) The application of a joint procedure as referred to in paragraph 1 shall be without prejudice to the provisions referred to in Article 8(3). Amendment 37 # Louis MICHEL, Angelika MLINAR, Gérard DEPREZ Proposal for a directive Article 9 a (new) Article 9a Protection of personal data European Union legislation on the protection of personal data shall apply in full, particularly that concerning penalties. Amendment 38 # Cornelia ERNST Proposal for a directive Article 11 a (new) Article 11a Protection of personal data Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC and Regulation (EC) No 45/2001, shall apply. Amendment 39 # Monika HOHLMEIER Proposal for a directive Article 11 a (new) Article 11a Joint competent authority (1) For the purpose of carrying out the tasks described in Articles 6, 7, 8, 10 and 11, two or more Member States may appoint a joint competent authority. The joint competent authority shall be located in one of the participating Member States and shall constitute the competent authority as referred to in Article 10 of this Directive. (2) The participating Member States shall share the costs of the joint competent authority. (3) The performance of the tasks described in this Directive by a joint competent authority shall not affect the right of Member States to refuse or restrict dissemination pursuant to Article 8(3). (4) The participating Member States shall inform the Commission of the establishment of a joint competent authority. Amendment 40 # Monika HOHLMEIER Proposal for a directive Article 11 b (new) Article 11b Exercise of delegation (1) The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. (2) The power to adopt delegated acts referred to in Article 8a shall be conferred on the Commission for a period of five years from ….* The Commission shall draw up a report in respect of the delegation of powers not later than nine months before the end of this period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. (3) The delegation of power referred to in Article 8a 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 the 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. (4) As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. (5) A delegated act adopted pursuant to Article 8a shall enter into force only if no objection has been expressed either by the European Parliament or 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 2 months at the initiative of the European Parliament or the Council. ________________________  OJ: please insert date of entry into force. source: 557.141

Amendments

Dossier

2014/0176(COD)

2015/06/17 LIBE 26 amendments...

Amendment 15 #

Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 and 114(1) thereof,

Amendment 16 #

Aldo PATRICIELLO

Proposal for a directive
Recital 5

(5) There has been no common ~~approach~~framework at the national regulatory level for the treatment of high resolution satellite data ~~and~~or for services and products deriving from these data. This leads to a fragmented regulatory framework across the Union, characterised by a lack of coherence, transparency and predictability, which was therefore preventing the market from developing to its full potential.

Amendment 17 #

Tomáš ZDECHOVSKÝ

Proposal for a directive
Recital 7

(7) To overcome those problems, this Directive should ensure the proper functioning and development of the internal market for high resolution satellite data ~~and~~. This Directive should also ensure the proper functioning and development of the internal market for derivative products and services by establishing a transparent, fair and consistent legal framework across the Union. The approximation of the Member States' legislation in the field of dissemination of high resolution satellite data to ensure coherence as regards of the procedures to control its dissemination should reduce bureaucratic barriers for industry and ease the compliance with legislative requirements. This Directive will enhance business predictability as there would be clearer conditions for the establishment and operation of businesses.

Amendment 18 #

Monika HOHLMEIER

Proposal for a directive
Recital 8 a (new)

(8a) An internal market for high- resolution satellite data and products and services based on them should be attractive and readily accessible, particularly for SMEs and start-ups, and Member States should therefore introduce preferential procedures for such undertakings.

Amendment 19 #

Tomáš ZDECHOVSKÝ

Proposal for a directive
Recital 9

(9) In order to introduce a common Union standard for high resolution satellite data a definition of high resolution satellite data should be provided for which is based on the technical capabilities of the Earth observation system, of its sensors and of the sensor modes which are used to generate the Earth observation data. The technical capabilities of the Earth observation system, its sensors and sensor modes that should be taken into account, are the spectral resolution, the spectral coverage, the spatial resolution, the radiometric resolution, the temporal resolution and the positional accuracy. The definition should be based on the availability of similar Earth observation data on the global markets and should be based on the potential prejudice to the interests, including internal and external security interests, of the Union or of the Member States which can derive from the dissemination of the Earth observation data. This definition also allows the identification of Earth observation satellite data other than high resolution data and is the basis for guaranteeing the free circulation for this data based on the fact that they do not have the potential to cause prejudice to the abefore-mentioned interests.

Amendment 20 #

Monika HOHLMEIER

Proposal for a directive
Recital 11

(11) The screening of high resolution satellite data at its first entry on the market in a dedicated screening procedure should guarantee the promotion of the use of high resolution satellite data and the strengthening of Earth observation markets in the Union while preventing prejudice to the interests of the Union or of one or more Member States. The criteria for the screening procedure should take into account all relevant factors of the dissemination of high resolution satellite data in order to ensure that the Member States can set up the most appropriate conditions by the specification of those criteria and by combining the resulting standards within the most suitable procedure. The criteria should describe the metadata of the envisaged dissemination, which ensures, that the screening can be done without assessing the high resolution satellite data itself and therefore can be done prior to the generation and the dissemination of the data. In particular through its transparency, its affordability and its capacity to deliver for clear results allowing a fast and automatic implementation, thereby making it an efficient filtering system, the screening procedure should foster the commercial use of the high resolution satellite data and the businesses involved. Both the costs of procedures and the administrative burden that they entail should be kept as low as possible, and the costs of an application should on no account exceed the actual costs of administration.

Amendment 21 #

Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL

Proposal for a directive
Recital 12

(12) In order to ensure that business and administrative needs can be met the most effective and efficient way, Member States may allow for the screening procedure to be carried out by the data provider himself or by any other appropriate p~~rivate~~ublic entity.

Amendment 22 #

Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL

Proposal for a directive
Recital 19

(19) The provisions of this Directive should be without prejudice to the application of the general rules on contractual law, and any other relevant law in other areas including competition law, intellectual or industrial property rights, confidentiality, trade secrets, data protection, privacy and consumer rights.

Amendment 23 #

Monika HOHLMEIER

Proposal for a directive
Recital 22 a (new)

(22a) To enable two or more Member States to apply a common screening and authorisation procedure, the power to adopt legislative acts establishing a common screening and authorisation procedure should be delegated to the Commission pursuant to Article 290 of the Treaty on the Functioning of the European Union. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 24 #

Cornelia ERNST

Proposal for a directive
Article 2 – paragraph 3 a (new)

3a. This Directive shall not apply to the processing of personal data.

Amendment 25 #

Cornelia ERNST

Proposal for a directive
Article 3 – point 8 a (new)

(8a) 'personal data' means personal data as defined in Article 2(a) of Directive 95/46/EC;

Amendment 26 #

Cornelia ERNST

Proposal for a directive
Article 3 – point 8 b (new)

(8b) 'processing of personal data' means processing of personal data as defined in Article 2(b) of Directive 95/46/EC.

Amendment 27 #

Cornelia ERNST

Proposal for a directive
Article 7 – paragraph 2

(2) The screening procedure shall determine whether the requirements of Article 2 are met and whether the dissemination is non-sensitive and can be carried out without further authorisation, or whether the dissemination is considered sensitive and requires an authorisation in accordance with Article 8.

Amendment 28 #

Monika HOHLMEIER

Proposal for a directive
Article 7 – paragraph 6

Amendment 29 #

Cornelia ERNST

Proposal for a directive
Article 7 – paragraph 6

(6) Member States shall determine the appropriate ~~private or~~ public entity responsible to carry out the screening procedure. This entity shall notify the result of the screening procedure to the requesting party without undue delay. The correct application of Article 2(3a) of this Directive shall be monitored by the competent national authority, established pursuant to Article 28 of Directive 95/46/EC, and the European Data Protection Supervisor.

Amendment 30 #

Monika HOHLMEIER

Proposal for a directive
Article 8 – paragraph 3 – introductory part

(3) The competent national authority may refuse the request for an authorisation of the dissemination of high resolution satellite data, or restrict the dissemination, if it considers that the dissemination could undermine any of the following:

Amendment 31 #

Cornelia ERNST

Proposal for a directive
Article 8 – paragraph 3 – point c a (new)

(ca) the fundamental rights of a citizen of the Union or any other person present in the territory of a Member State.

Amendment 32 #

Monika HOHLMEIER

Proposal for a directive
Article 8 – paragraph 3 – point c a (new)

(ca) the fundamental rights of a citizen of the Union;

Amendment 33 #

Angelika MLINAR, Gérard DEPREZ, Filiz HYUSMENOVA, Louis MICHEL

Proposal for a directive
Article 8 – paragraph 3 – point c a (new)

(ca) the right to respect for private and family life, home and communications and the right to the protection of personal data of an individual;

Amendment 34 #

Monika HOHLMEIER

Proposal for a directive
Article 8 – paragraph 10

(10) Member States may impose charges for the requests referred to in paragraph 2 as long as these ~~are reasonable and proportionate to~~do not exceed the costs of the authorisation procedure for the competent national authority.

Amendment 35 #

Monika HOHLMEIER

Proposal for a directive
Article 8 – paragraph 10 a (new)

(10a) Member States shall develop procedures whose administrative burden and costs are as low as possible to attain the purpose of this Directive and facilitate access to the earth observation data market particularly for SMEs and start- ups.

Amendment 36 #

Monika HOHLMEIER

Proposal for a directive
Article 8 a (new)

Article 8a Joint procedures (1) To implement the provisions of Articles 7 and 8, two or more Member States may apply a joint procedure. (2) The Commission shall be assigned the power to adopt delegated acts as referred to in Article 11b in order to establish a joint procedure pursuant to paragraph 1. (3) The application of a joint procedure as referred to in paragraph 1 shall be without prejudice to the provisions referred to in Article 8(3).

Amendment 37 #

Louis MICHEL, Angelika MLINAR, Gérard DEPREZ

Proposal for a directive
Article 9 a (new)

Article 9a Protection of personal data European Union legislation on the protection of personal data shall apply in full, particularly that concerning penalties.

Amendment 38 #

Cornelia ERNST

Proposal for a directive
Article 11 a (new)

Article 11a Protection of personal data Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC and Regulation (EC) No 45/2001, shall apply.

Amendment 39 #

Monika HOHLMEIER

Proposal for a directive
Article 11 a (new)

Article 11a Joint competent authority (1) For the purpose of carrying out the tasks described in Articles 6, 7, 8, 10 and 11, two or more Member States may appoint a joint competent authority. The joint competent authority shall be located in one of the participating Member States and shall constitute the competent authority as referred to in Article 10 of this Directive. (2) The participating Member States shall share the costs of the joint competent authority. (3) The performance of the tasks described in this Directive by a joint competent authority shall not affect the right of Member States to refuse or restrict dissemination pursuant to Article 8(3). (4) The participating Member States shall inform the Commission of the establishment of a joint competent authority.

Amendment 40 #

Monika HOHLMEIER

Proposal for a directive
Article 11 b (new)

Article 11b Exercise of delegation (1) The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. (2) The power to adopt delegated acts referred to in Article 8a shall be conferred on the Commission for a period of five years from ….* The Commission shall draw up a report in respect of the delegation of powers not later than nine months before the end of this period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. (3) The delegation of power referred to in Article 8a 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 the 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. (4) As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. (5) A delegated act adopted pursuant to Article 8a shall enter into force only if no objection has been expressed either by the European Parliament or 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 2 months at the initiative of the European Parliament or the Council. ________________________  OJ: please insert date of entry into force.

source: 557.141

History

(these mark the time of scraping, not the official date of the change)

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activities/2	date 2015-01-15T00:00:00 body EP type Referral to associated committees announced in Parliament
activities/3	date 2015-07-15T00:00:00 body EP type Vote scheduled in committee, 1st reading/single reading

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activities/0/body	Old EP New EC
activities/0/commission	DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio
activities/0/committees	body: EP shadows: group: EPP name: VAN NISTELROOIJ Lambert group: ECR name: FORD Vicky group: ALDE name: GUOGA Antanas group: Verts/ALE name: REDA Julia responsible: True committee: IMCO date: 2014-07-17T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: NILSSON Jens body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee: ITRE date: 2014-09-09T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: S&D name: KREHL Constanze body: EP responsible: False committee: LIBE date: 2014-11-05T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: WEIDENHOLZER Josef
activities/0/date	Old 2014-07-17T00:00:00 New 2014-06-17T00:00:00
activities/0/docs	url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0344 celexid: CELEX:52014PC0344:EN type: Legislative proposal published title: COM(2014)0344
activities/0/type	Old Committee referral announced in Parliament, 1st reading/single reading New Legislative proposal published
activities/1/body	Old EC New EP
activities/1/commission	DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio
activities/1/committees	body: EP responsible: False committee: IMCO date: 2014-07-17T00:00:00 committee_full: Internal Market and Consumer Protection (Associated committee) rapporteur: group: S&D name: NILSSON Jens body: EP responsible: False committee_full: International Trade committee: INTA body: EP shadows: group: EPP name: PATRICIELLO Aldo group: ECR name: TOŠENOVSKÝ Evžen group: ALDE name: VAN NIEUWENHUIZEN Cora group: Verts/ALE name: REIMON Michel group: EFD name: BORRELLI David responsible: True committee: ITRE date: 2014-09-09T00:00:00 committee_full: Industry, Research and Energy (Associated committee) rapporteur: group: S&D name: KREHL Constanze body: EP responsible: False committee: LIBE date: 2014-11-05T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: WEIDENHOLZER Josef
activities/1/date	Old 2014-06-17T00:00:00 New 2014-07-17T00:00:00
activities/1/docs	url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0344 title: COM(2014)0344 type: Legislative proposal published celexid: CELEX:52014PC0344:EN
activities/1/type	Old Legislative proposal published New Committee referral announced in Parliament, 1st reading/single reading
committees/0/committee_full	Old Internal Market and Consumer Protection New Internal Market and Consumer Protection (Associated committee)
committees/0/responsible	Old True New
committees/0/shadows	group: EPP name: VAN NISTELROOIJ Lambert group: ECR name: FORD Vicky group: ALDE name: GUOGA Antanas group: Verts/ALE name: REDA Julia
committees/2/committee_full	Old Industry, Research and Energy New Industry, Research and Energy (Associated committee)
committees/2/responsible	Old New True
committees/2/shadows	group: EPP name: PATRICIELLO Aldo group: ECR name: TOŠENOVSKÝ Evžen group: ALDE name: VAN NIEUWENHUIZEN Cora group: Verts/ALE name: REIMON Michel group: EFD name: BORRELLI David
procedure/dossier_of_the_committee	Old IMCO/8/00584 New ITRE/8/00585

2014-12-02Show (4) Changes | Timetravel

activities/1/committees/3/date	2014-11-05T00:00:00
activities/1/committees/3/rapporteur	group: S&D name: WEIDENHOLZER Josef
committees/3/date	2014-11-05T00:00:00
committees/3/rapporteur	group: S&D name: WEIDENHOLZER Josef

2014-11-14Show (2) Changes | Timetravel

activities/1/committees/0/shadows/0/mepref	Old 545fca37d1d1c5177a000000 New 4f1ada05b819f207b300004b
committees/0/shadows/0/mepref	Old 545fca37d1d1c5177a000000 New 4f1ada05b819f207b300004b

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activities/1/committees/0/shadows/0/mepref	545fca37d1d1c5177a000000
committees/0/shadows/0/mepref	545fca37d1d1c5177a000000

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activities/1/committees/0/date	2014-07-17T00:00:00
activities/1/committees/0/rapporteur	group: S&D name: NILSSON Jens
activities/1/committees/0/shadows/0	group EPP name VAN NISTELROOIJ Lambert
activities/1/committees/0/shadows/1	group ECR name FORD Vicky
committees/0/date	2014-07-17T00:00:00
committees/0/rapporteur	group: S&D name: NILSSON Jens
committees/0/shadows/0	group EPP name VAN NISTELROOIJ Lambert
committees/0/shadows/1	group ECR name FORD Vicky

2014-09-11Show (4) Changes | Timetravel

activities/1/committees/2/date	2014-09-09T00:00:00
activities/1/committees/2/rapporteur	group: S&D name: KREHL Constanze
committees/2/date	2014-09-09T00:00:00
committees/2/rapporteur	group: S&D name: KREHL Constanze

2014-09-03Show (2) Changes | Timetravel

activities/1/committees/0/shadows	group: ALDE name: GUOGA Antanas group: Verts/ALE name: REDA Julia
committees/0/shadows	group: ALDE name: GUOGA Antanas group: Verts/ALE name: REDA Julia

2014-07-31Show (1) Changes | Timetravel

activities/0/docs/0/text

PURPOSE: to ensure the proper functioning and development of the internal market of Earth observation satellite data for commercial purposes.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the Commission Communication on the EU Space Industrial Policy from February 2013 “Releasing the potential for economic growth in the space sector” identifies as one of the objectives for an EU space industrial policy the establishment of a comprehensive regulatory framework in order to improve legal coherence and foster the emergence of a European market for space products and services. In this context, the Communication refers in particular to the establishment of a possible regulatory initiative for the production and dissemination of high resolution satellite data for commercial purposes.

The Council Conclusions of 30 May 2013 recognised the need to examine existing legal frameworks with a view to promote the security, safety, sustainability and economic development of space activities and invite the Commission to assess the need for the development of a legislative framework on the matter.

The dissemination of high resolution satellite data by commercial operators has until now been regulated individually by the Member States where they are registered. There has been no common approach at the national regulatory level for the treatment of high resolution satellite data and for services and products deriving from these data.

This leads to a fragmented regulatory framework across the Union, characterised by a lack of coherence, transparency and predictability, which was therefore preventing the market from developing to its full potential.

The number of Member States with high resolution satellite data capabilities is increasing, and national regulatory frameworks become more and more diverged.

The Commission considers that a functioning internal market for high resolution satellite data and derivative products and services would foster the development of a competitive Union space and services industry, maximise opportunities for Union enterprises to develop and provide innovative earth observation systems and services, and promote the use of high resolution satellite data.

IMPACT ASSESSMENT: option 3, basic legislative instrument, is the preferred option combining a good level of economic, strategic and social benefits with a high level of effectiveness and efficiency, while at the same time leaving as much room as possible for Member States for controlling the data-providing businesses in their territory.

CONTENT: the Directive seeks to ensure the proper functioning and development of the internal market of Earth observation satellite data for commercial purposes by establishing a transparent, fair and consistent legal framework across Member States. This proposal shall apply to the dissemination of Earth observation data generated by Earth observation systems.

The main elements of the proposal are as follows:

Definition of high resolution satellite data (HRSD): High resolution satellite data is defined on the basis of precise technical specifications. These technical specifications are set out in the Annex. With the establishment of common technical parameters of HRSD it will be possible to set up a common scope of application of the advanced legal regime and to delimit the internal market of HRSD, as a specific component of the Earth Observation market. Further, the clarification as to which kind or quality of satellite data could possibly harm security interests; and which therefore needs to be disseminated with respect to certain conditions, allows the setting of the most appropriate procedural requirements to safeguard the public.

Dissemination of Earth observation data: Member States shall not prohibit, restrict or otherwise impede the dissemination or free circulation of other than high resolution satellite data for reasons of the dissemination being considered sensitive. Any data falling outside the definition will be considered "business - ready", prone for free dissemination without delay enabling the unhindered business cycles.

Basic procedure for the dissemination of HRSD: it is foreseen that the dissemination of HRSD approved in accordance with this directive cannot be reassessed, impeded or restricted subsequently, as long as the dissemination is in compliance with the screening or authorisation conducted.

The present proposal provides for the basic procedures for the dissemination of HRSD, promoting the equal and non-discriminatory treatment of all EU data resellers by data providers, preventing likely distortions of competition, and additionally enhancing the market opportunities available in the domain of the HRSD.

2014-07-26Show (1) Changes | Timetravel

procedure/subject/0

Old

2.10.03 Standardisation, EC standards and trade mark, certification, compliance

New

2.10.03 Standardisation, EC standards and trademark, certification, compliance

2014-07-19Show (3) Changes | Timetravel

activities/1	date 2014-07-17T00:00:00 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
procedure/dossier_of_the_committee	IMCO/8/00584
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2014-07-09Show (5) Changes

activities	date: 2014-06-17T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0344 celexid: CELEX:52014PC0344:EN type: Legislative proposal published title: COM(2014)0344 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio
committees	body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO body: EP responsible: False committee_full: International Trade committee: INTA body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links	European Commission url: http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2014&DocNum=0176 title: PreLex
other	body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: TAJANI Antonio
procedure	reference 2014/0176(COD) Mandatory consultation of other institutions Economic and Social Committee instrument Directive legal_basis Treaty on the Functioning of the EU TFEU 114-p1 stage_reached Preparatory phase in Parliament subtype Legislation title Dissemination of Earth observation satellite data for commercial purposes type COD - Ordinary legislative procedure (ex-codecision procedure) subject 2.10.03 Standardisation, EC standards and trade mark, certification, compliance 3.30.03.06 Communications by satellite 3.40.05 Aeronautical industry, aerospace industry

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