2022/0039(COD) | [ParlTrack]

Proposal for a regulation
Recital 6

(6) The conclusions of the European Council of 21-22 March 2019 stressed that the Union needs to go further in developing a competitive, secure, inclusive and ethical digital economy with world-class connectivity, as the Union needs a sovereign system with an encryption system that governments and businesses can use.

Amendment 26 #

Proposal for a regulation
Recital 7 a (new)

(7a) The aim of this Regulation is to make it possible to implement state-of-the- art connectivity infrastructure and a means of protecting critical infrastructure, ensuring surveillance and strengthening the economic, security and defence functions of the Member States.

Amendment 27 #

Proposal for a regulation
Recital 8

(8) The Union should ensure the provision of resilient, global, guaranteed and flexible satellite communication solutions for evolving governmental needs, built on an EU technological and industrial base, space currently being a congested and contested area, in order to increase the resilience of Member States’ and Union institutions’ operations by guaranteed and uninterrupted access to satellite communication.

Amendment 28 #

Proposal for a regulation
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. Also, given the increasing frequency and severity of natural disasters linked to Climate Change, there is a demand for ensuring data gathering capacities for response in adverse conditions, in full respect of Regulation (EU) 2016/679.

Amendment 29 #

Proposal for a regulation
Recital 10

(10) Therefore, it is important to establish a new, Union Secure Connectivity Programme (‘the Programme’) to provide for the Union satellite based communication infrastructure, thereby reducing the Union’s dependence on foreign companies, which should be built upon the GOVSATCOM component of the Union Space Programme and which should also take advantage of additional national and European capacities, which exist at the time the action is being carried out and develop further the European Quantum Communication Infrastructure (EuroQCI) initiative.

Amendment 30 #

Martina DLABAJOVÁ

Proposal for a regulation
Recital 25

(25) This Regulation lays down a financial envelope, which is to constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources22 , for the European Parliament and the Council during the annual budgetary procedure. The Programme is a new initiative that was not envisaged when the Multiannual Financial Framework (MFF) for 2021- 2027 was established. In order to avoid any reduction of the amounts awarded to other Union programmes, the financial envelope allocated to the Programme should be drawn, to the extent possible, from the unallocated margins under the MFF ceilings or mobilised through the non-thematic MFF special instruments. _________________ 22 OJ L 433 I, 22.12.2020, p. 28.

Amendment 31 #

Proposal for a regulation
Recital 25

(25) This Regulation lays down a financial envelope, which is to constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources22 , for the European Parliament and the Council during the annual budgetary procedure. The Secure Connectivity programme is a new initiative and should not undermine the implementation of other Union programmes and the achievement of their objectives. _________________ 22 OJ L 433 I, 22.12.2020, p. 28.

Amendment 32 #

Martina DLABAJOVÁ

Proposal for a regulation
Recital 25 a (new)

(25 a) The next revision of the MFF should provide adequate funding for the Programme, to ensure its coherence, ambition and long-term financing.

Amendment 33 #

Proposal for a regulation
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 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 34 #

Martina DLABAJOVÁ

Proposal for a regulation
Recital 28 a (new)

(28 a) In order to ensure that the Programme is implemented successfully, it is important to ensure that sufficient resources are available. Member States should therefore make a financial contribution to the Programme that would be additional to the amount available through the Union budget. It should also be possible for Member States to make in- kind contributions to the Programme. Additional financial contributions and in- kind contributions from other parties should also be possible.

Amendment 35 #

Proposal for a regulation
Recital 28 a (new)

(28 a) The programme will be funded partly by contributions from the Member states and the private sector, in addition to the Union budget. The successful implementation of the programme depends on sufficient such contributions. Member States’ contributions should be made in accordance with their needs and demand for services made available through the programme.

Amendment 36 #

Monika HOHLMEIER

Proposal for a regulation
Recital 28 a (new)

(28 a) The funding needs of the Programme should be taken into consideration in the mid-term review of the Multiannual Financial Framework, with a view to ensuring the stability of the Programme and avoiding any cuts to the financial envelopes of other Union programmes.

Amendment 37 #

Monika HOHLMEIER

Proposal for a regulation
Recital 28 b (new)

(28 b) Several Member States have programmed funds from the Recovery and Resilience Facility (RRF) for space activities. In order to ensure synergies between the current MFF and the RRF and to provide financial support beyond the envisaged financial framework of the Programme, Member States should be encouraged to align their national investment plans with the needs of the Programme.

Amendment 38 #

Proposal for a regulation
Recital 28 b (new)

(28 b) To maximise the efficiency of the financial resources and promote synergies between national initiatives and Union programmes, Member States should ensure complementarity of their recovery and resilience plans with the Programme.

Amendment 39 #

Proposal for a regulation
Recital 33

(33) Procurement contracts concluded under the Programme for activities financed by the Programme should comply with Union rules and the specific principles outlined in Article 17 of this Regulation. In that context, the Union should also be responsible for defining the objectives to be pursued as regards public procurement. The Union should promote wide geographic participation among economic actors in all Member States in procurement procedures. The contracting agency should favour technical solutions that are feasible in the long term.

Amendment 40 #

Proposal for a regulation
Recital 38

(38) A public-private partnership is the most appropriate scheme to ensure that the objectives of the Programme could be pursued. It would permit to build upon the existing EU satellite communication technological and infrastructural base and to provide robust and innovative governmental services, while allowing the private partner to complement the Programme infrastructure with additional capabilities to offer commercial services through additional own investments. Such a scheme would furthermore optimise deployment and operation costs by sharing development and deployment costs on components common to both governmental and commercial infrastructures, as well as operational costs by allowing a high level of capacity mutualisation. It would stimulate innovation in particular for New Space by enabling the sharing of Research and Development risks between public and private partners. The public-private partnerships should also ensure that changing climate conditions, disaster risk and potential climate change mitigation and adaptation measures are identified and considered during the entire project cycle from development, design to implementation of each individual project. The projects should adhere to the 'Do No Significant Harm' principle and to the 'Polluter Pays' principle.

Amendment 41 #

Proposal for a regulation
Recital 39

(39) The implementation model could take the form of a concession contract or other contractual arrangements, in line with Union rules. Regardless of the implementation model, several key principles complementing the rules included in the Financial Regulation and specific to this programme should be put in place. The contract should establish a clear distribution of tasks and responsibilities between the public and private partners. Thus, it should avoid any overcompensation of the private partner for the provision of governmental services, allow the provision of commercial services to be established by the private sector and ensure an appropriate prioritisation of governmental user needs. The Commission should be able to assess and approve such services to ensure that the Union’s essential interests and Programme’s objectives are preserved and adequate safeguards are put in place to prevent potential distortions of competition stemming from the provision of commercial services; such safeguards could include separation of accounts between governmental and commercial services, open, fair and non-discriminatory access to infrastructure necessary for the provision of commercial services. The public-private partnership should foster the participation of start-ups and SMEs along the whole value chain of the concession and across Member States, hereby incentivising the development of innovative and disruptive technologies

Amendment 42 #

Proposal for a regulation
Recital 41

(41) Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They are therefore able to make a major contribution to the Programme, especially in its implementation. They ~~might~~should, to the extent of their available resources, cooperate with the Union to promote the Programme’s services and applications and ensure coherence between the relevant national initiatives and the Programme. The Commission ~~might~~should be able to mobilise the means at Member States’ disposal, benefit from their assistance and, subject to mutually agreed conditions, entrust the Member States with non- regulatory tasks in the implementation of the Programme. Moreover, the Member States concerned should take all necessary measures to ensure the protection of the ground infrastructure established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and protected at the adequate level to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council35 . _________________ 35 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).

Amendment 43 #

Proposal for a regulation
Recital 42

(42) In accordance with Article 17 of the Treaty on European Union (‘TEU’) and as a promoter of the Union’s general interest, it is the Commission’s responsibility to implement the Programme, assume overall responsibility and promote its use. In order to optimise the resources and competences of the various stakeholders, the Commission should be able to entrust certain tasks to other entities under justifiable circumstances. Having the overall responsibility for the Programme, the Commission should determine the main technical and operational requirements necessary to implement systems and services evolution. It should do so after having consulted Member States’ experts, users and other relevant stakeholders. Finally, in accordance with Article 4(3) TFEU, the exercise of competence by the Union does not result in Member States being prevented from exercising their competences. However, to make good use of the Union funds, it is appropriate that the Commission ensures, as far as possible, the coherence of activities performed in the context of the Programme, with those of the Member States, including those funded under their recovery and resilience plans.

Amendment 44 #

Proposal for a regulation
Recital 45

(45) In order to ensure the operation of the governmental infrastructure and facilitate the provision of the governmental services, the Agency should be allowed to entrust, by means of contribution agreements, specific activities to other entities, in areas of their respective competence, under the conditions of indirect management applying to the Commission and set out in the Financial Regulation.

Amendment 45 #

Proposal for a regulation
Recital 64

(64) ~~In principle, t~~The governmental services should, as a general rule, be provided free of charge to users of the governmental services. However, capacity for those services is limited. If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted, if duly justified, to develop a pricing policy as part of those detailed rules on the service provision in order to match supply and demand of services and avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Amendment 46 #

Proposal for a regulation
Recital 64

(64) In principle, the governmental services should be provided free of charge to users of the governmental services. ~~If, after analysi~~However, supply of those services could become limited. If, after thorough analysis and consultation with relevant stakeholders, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Amendment 47 #

Monika HOHLMEIER

Proposal for a regulation
Recital 69 a (new)

(69 a) All essential financial and legal requirements should be established in this Regulation to ensure predictability of the Programme's implementation. It is also necessary to set out the scope of cooperation between the Commission and the relevant industry partners, with a view to ensuring that there is a clear framework for the Programme's milestones and targets.

Amendment 48 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effective satellite communication services to governmental users in accordance with paragraphs 1 to 3 of Article 7, which supports protection of critical infrastructures, surveillance, external actions, crisis management and applications that are critical for the economy, climate and environment, security and defence, thereby increasing the resilience of Member States;

Amendment 49 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) establish criteria for the award of the contracts referred to in Article 15 ensuring the participation of start-ups and small and medium-sized enterprises (SMEs) from across the UnMember States and their regions, and along the whole relevant value chain;

Amendment 50 #

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) require that the contractor referred to in Article 15(2) provides a plan on the integration of start-ups and SMEs from across the UnMember States and their regions in the activities under the contracts referred to in Article 15;

Amendment 51 #

Proposal for a regulation
Article 7 – paragraph 4

4. The provision of commercial services shall be financed by the contractor referred to in Article 15(2). The terms and conditions for the provision of commercial services shall be determined in the contracts referred to in Article 15. They shall in particular specify how the Commission ~~will~~is to 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 52 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1

By way of derogation from paragraph 3, the Commission may, ~~in duly justified cases and on an exceptional b~~where strictly necessary to match supply and demand of governmental services basis, and only in duly justified casies, determine, by means of implementing acts, a pricing policy.

Amendment 53 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1

By way of derogation from paragraph 3, the Commission may, in duly justified cases ~~and~~, on an exceptional basis and after thorough analysis and consultations with relevant stakeholders, determine, by means of implementing acts, a pricing policy.

Amendment 54 #

Proposal for a regulation
Article 9 – paragraph 3

3. Third countries and international organisations may become the Programme participants in accordance with Article 36, except countries covered by the European sanctions regime.

Amendment 55 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Programme shall be complemented by funding implemented under the Horizon Europe Programme, 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 0,15220 billion respectively. This funding shall be implemented in accordance with Regulation (EU) No 2021/695, Regulation (EU) No 2021/696 and Regulation (EU) No. 2021/947 respectively.

Amendment 56 #

Proposal for a regulation
Article 11 – paragraph 3 – point b

(b) information and communication activities, including corporate communication on the policy priorities of the Union where they are directly linked to the objectives of this Regulation, with a particular view to creating synergies with other Union policies;deleted

Amendment 57 #

Proposal for a regulation
Article 16 – paragraph 3 – point b

(b) the legitimate interests of ~~all stakeholders concerned~~the Member States and of the Union;

Amendment 58 #

Proposal for a regulation
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 from the Member States, in particular start-ups, new entrants and SMEs, including in the case of sub- contracting by the tenderers;

Amendment 59 #

Proposal for a regulation
Article 17 – paragraph 2 – point b

(b) to ensure effective competition in the tendering process, while taking into account the objectives of technological independence ~~and~~, continuity of services and long-term technological feasibility;

Amendment 60 #

Proposal for a regulation
Article 17 – paragraph 2 – point h

(h) to satisfy environmental and social sustainability criteria;

Amendment 61 #

Proposal for a regulation
Article 23 – paragraph 2

2. The Commission shall ensure a clear division of tasks and responsibilities between the various entities involved in the Programme and ~~shall~~ coordinate the activities of those entities. The Commission shall also ensure that all the entrusted entities involved in the implementation of the Programme protect the interests of the Union and the Member States, guarantee the sound management of the Union’s funds and comply with the Financial Regulation and this Regulation.

Amendment 62 #

Proposal for a regulation
Article 36 – paragraph 1 – point c

(c) third countries, other than those third countries covered in points (a) and (b), except countries covered by the European sanctions regime. .

Amendment 63 #

Proposal for a regulation
Article 39 – title

Monitoring and Evaluation

Amendment 64 #

Proposal for a regulation
Article 39 – paragraph 1

1. The Commission shall carry out continuous monitoring and periodic evaluations of the Programme ~~in a timely manner~~ to feed into the decision-making process and ensure the highest impact, as well as the most effective and efficient use of resources .

Amendment 65 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – introductory part

By [DATE 32 YEARS AFTER THE ENTRY INTO FORCE], and every four years thereafter, the Commission shall evaluate the implementation of the Programme. The evaluation shall take into account the views of relevant stakeholders, at both Union and national levels. It shall assess:

Amendment 66 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – introductory part

By [DATE 32 YEARS AFTER THE ENTRY INTO FORCE], and every ~~four~~two years thereafter, the Commission shall evaluate the implementation of the Programme. It shall assess:

Amendment 67 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)

(b a) the evaluation also needs to include an assessment of possible overspending, the timeliness in meeting the established project deadlines and of possible mismanagement of the project.

Amendment 68 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)

(b a) the effectiveness, efficiency, relevance, coherence, and Union added value of the Programme’s activities;

Amendment 69 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b b (new)

(b b) the synergy and complementarity of the Programme with relevant Union, national and, where relevant, regional initiatives.

Amendment 70 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2

If appropriate, the evaluation shall be accompanied by an a~~ppropri~~dequate proposal.

Amendment 71 #

Proposal for a regulation
Article 46 – paragraph 1

If necessary, appropriations ~~may~~should 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.

source: 732.635

2022/06/21 ITRE 2 amendments...

source: 734.111

2022/06/24 ITRE 317 amendments...

Amendment 102 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Recital 1

(1) There is a growing demand by the Union governmental actors for secure and reliable satellite communication services, particularly because they are the only viable option in situations where ground- based communication systems are non- existent, disrupted or unreliable. Affordable and cost-effective access to satellite-based communication is also indispensable in remote regions and in the high seas and airspace. For instance, where lack of high-bandwidth communication currently limits the ability to take full advantage of new sensors and platforms observing the 71% of our planet that is ocean, satellite communication ensures the long-term availability of worldwide uninterrupted access.deleted

Amendment 103 #

Proposal for a regulation
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 104 #

Proposal for a regulation
Recital 3

(3) On 22 March 2017 the Council Political and Security Committee endorsed High Level Civil Military User Needs for Governmental Satellite Communications18 which were prepared by the EEAS on the military user's requirements identified by the European Defence Agency in its Common Staff Target adopted in 2014 and the civilian user needs collected by the Commission have been merged to produce the High Level Civil Military User Needs for Governmental Satellite Communications. _________________ 18 CSDP/PSDC 152, CFSP/PESC 274, COPS 103.deleted

Amendment 105 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 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 106 #

Proposal for a regulation
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 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~~pooled and shared through the GOVSATCOM Hub. 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, also in light of the scaling up of the GOVSATCOM Hub infrastructure capabilities. 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~~it may 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 107 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 108 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 5

(5) It is now clear that the Union’s current satellite communication assets cannot meet new needs of the governmental users who are moving towards higher security solutions, low latency and global coverage. Although rRecent technical progress has allowed non- geostationary-orbit (NGSO) communications constellations to emerge and gradually offer high-speed and low- latency connectivity services. There is a window of opportunity for addressing the evolving needs of the governmental users by developing and deploying additional infrastructure as filings for the frequencies necessary to provide the required services are currently available within the European Union. If not used, these filings will become obsolete and be attributed to other players. As frequencies are an increasingly scarce resource, the EU may not get this opportunity again.

Amendment 109 #

Proposal for a regulation
Recital 5

(5) I~~t is now clear that the Union’s current satellite communication assets cannot meet new needs of the~~n a rapidly evolving scenario, governmental users ~~who~~ are moving towards higher security solutions, low latency and global coverage~~. Although r~~ to meet their new needs. Recent technical progress has allowed non- geostationary-orbit (NGSO) communications constellations to emerge and gradually offer high-speed and low- latency connectivity services. There is a window of opportunity for addressing the evolving needs of the governmental users by developing and deploying additional infrastructure as filings for the frequencies necessary to provide the required services are currently available within the European Union. If not used, these filings will become obsolete and be attributed to other players. As frequencies are an increasingly scarce resource, the ~~EU may not get this opportunity again~~Commission may take the opportunity to conclude dedicated licensing agreements with those Member States providing the frequencies filings. This open and transparent process should take place for frequencies filings for the provision of governmental services based on the governmental infrastructure.

Amendment 110 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Adriana MALDONADO LÓPEZ, Eva KAILI, Carlos ZORRINHO

Proposal for a regulation
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 111 #

Proposal for a regulation
Recital 8

(8) The Union should ensure the provision of resilient, global, guaranteed and flexible satellite communication solutions for evolving governmental ~~needs~~, social needs and the public interest, built on an EU technological and industrial base, in order to increase the resilience of Member States’ and Union institutions’ operations by guaranteed and uninterrupted access to satellite communication.

Amendment 112 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Recital 9

Amendment 113 #

Proposal for a regulation
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 114 #

Proposal for a regulation
Recital 9 a (new)

(9 a) In order to honour and recognise the contribution of women in science and technology, it is appropriate to follow the model of Galileo and Copernicus constellations and assign a recognisable name to the constellation established under this Regulation. To that regard, the constellation should be designated as "Aemilia".

Amendment 115 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 10

(10) Therefore, it is important to establish a new, Union Secure Connectivity Programme (‘the Programme’) to provide for the Union satellite based communication infrastructure, ~~which should be built upon~~based on the demand of governmental entities. It should complement the GOVSATCOM component of the Union Space Programme and ~~which~~ should also take advantage of additional national and European capacities~~, which exist at the time the action is being carried out and develop further the European Quantum Communication Infrastructure (EuroQCI) initiative~~. In the context of the Programme, the European Quantum Communication Infrastructure (EuroQCI) initiative should be developed further to obtain secure services through new technologies in the mid-term.

Amendment 116 #

Proposal for a regulation
Recital 10

(10) Therefore, it is important to establish a new, Union Secure Connectivity Programme (‘the Programme’) to provide for the Union satellite based communication infrastructure, which should be built upon the GOVSATCOM component of the Union Space Programme and ~~which should also~~related infrastructure, takeing advantage of additional national and European capacities~~, which exist at the time the~~ from an infrastructure, communication capaciti~~on is being carried out and develop further~~es and service perspective, with gradual integration of the European Quantum Communication Infrastructure (EuroQCI) initiative.

Amendment 117 #

(10) Therefore, it is important to establish a new~~, Union Secure Connectivity Programme~~ programme for a connectivity constellation, Aemilia (‘the Programme’) to provide for the Union satellite based communication infrastructure, which should be built upon the GOVSATCOM component of the Union Space Programme and which should also take advantage of additional national and European capacities, which exist at the time the action is being carried out and develop further the European Quantum Communication Infrastructure (EuroQCI) initiative.

Amendment 118 #

Henna VIRKKUNEN

Proposal for a regulation
Recital 11

(11) The Programme should ensure the provision of the governmental services and allow for the provision of the commercial services through a dedicated governmental and commercial infrastructure. The Programme should therefore consist of developlong-term provision and availability of worldwide uninterrupted access to secure and cost-effective satellite communication services, supporting the protection of critical infrastructure, surveillance, external actions, crisis management, a~~nd va~~s well as applidcation ~~actions for the construction of the initial space and ground infrastructure and for the launch of the initial space infrastructure~~s that are critical for Member States’ economy, security and defence, through a dedicated governmental infrastructure while integrating the capacities of GOVSATCOM. The Programme should ~~then~~ meet the new governmentail ~~deployment activities aimed at completing both the space and gr~~needs for higher security solutions, low latency and global coverage. The services enabled by the Programme shounld ~~infrastructure required for~~provide connectivity over geographical areas of strategic interest, such as Africa, Mediterranean, Arctic, Black Sea and Atlantic. Furthermore, the pPro~~vision of governmental services. T~~gramme should allow for the provision of ~~government~~commercial services, by the ~~operation, maintenance and continuous impr~~European private sector, taking into account a market survey including consultation of government of the infrastructure, once deployed, as well as the development of the future generations of the governmental services should be part of the exploitation activities. The exploitation activities should begin as soon as possible with the provision of the initial set of services aimed by 2024 to al users, through a commercial infrastructure that can enable access to advanced, reliable and fast connections and services to citizens and businesses including, but not limited to, availability of high-speed broadband and seamless connectivity, removing communication dead zones and increasing cohesion across Member State territories and Union outermost regions, including rural, peripheral, remote and isolated areas and islands where deploymeent ~~as soon as possible the evolving needs of the governmental users~~of broadband-fibre would be too expensive and connectivity could only be achieved with satellite infrastructure.

Amendment 119 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Recital 11

(11) The Programme should ensure the provision of ~~the~~ governmental ~~services and allow for the provision of the commercial services through a dedicated governmental and commercial~~and commercial services through respective dedicated infrastructures. The Programme should therefore consist of development and validation actions for the construction of the initial space and ground infrastructure and for the launch of the initial space infrastructure. The Programme should then entail deployment activities aimed at completing both the space and ground infrastructure required for the provision of governmental services. The provision of governmental services, the operation, maintenance and continuous improvement of the infrastructure, once deployed, as well as the development of the future generations of the governmental services should be part of the exploitation activities. The exploitation activities should begin as soon as possible ~~with the provision of the initial set of services aimed by 2024 to meet as soon as possible~~based on the evolving needs of the governmental users.

Amendment 120 #

Proposal for a regulation
Recital 11

(11) The Programme should ensure the provision of the governmental services and allow for the provision of the commercial services through a dedicated governmental and commercial infrastructure. The Programme should therefore consist of development and validation actions for the construction of the initial space and ground infrastructure and for the launch of the initial space infrastructure. The Programme should then entail deployment activities aimed at completing both the space and ground infrastructure required for the provision of governmental services. The provision of governmental services, the operation, maintenance and continuous improvement of the infrastructure, once deployed, as well as the development of the future generations of the governmental services should be part of the exploitation activities. The exploitation activities should begin as soon as possible with the provision of the initial set of services ~~aimed by 2024~~, based on existing infrastructure, by 2023, in order to meet as soon as possible the evolving needs of the governmental users.

Amendment 121 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 122 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 13

(13) To optimise ~~all~~ available satellite communication resources, in order to guarantee access in unpredictable situations, such as natural disasters, and to ensure operational efficiency and short turn-around times, a ground segment is required. It should be designed on the basis of operational and security requirements.

Amendment 123 #

Proposal for a regulation
Recital 14

(14) In order to expand the Union satellite communication capacities, the Programme infrastructure should ~~integrate~~be based on the infrastructure developed for the purposes of the of the GOVSATCOM component of the Union Space Programme. In particular, the Programme’s ground infrastructure should ~~encompass~~be based on the GOVSATCOM Hubs, a~~nd other ground segment asset~~s progressively scaled up through other ground segment assets, on the basis of users and service needs.

Amendment 124 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Recital 14

(14) In order to expand the Union satellite communication capacities, the Programme should be integrated with the GOVSATCOM governance structures and all infrastructure should ~~integrate~~be linked to the infrastructure developed for the purposes of the ~~of the~~ GOVSATCOM component of the Union Space Programme. In particular, the Programme’s ground infrastructure should encompass the GOVSATCOM Hubs and other ground segment assets.

Amendment 125 #

Proposal for a regulation
Recital 14 a (new)

(14 a) In order to ensure the functioning of the Programme and the protection of Union interests, it is essential to secure, as soon as possible, the orbital slots and frequencies necessary for the deployment of the services. This requires the speedy establishment of the services portfolio, an adequate allocation of rights to use frequencies, and the rapid deployment of the first batch of satellites in 2024.

Amendment 126 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
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 offering additional connectivity in line with policy targets in these regions and the Global Gateway strategy20 . _________________ 20 JOIN(2021) 30 final.deleted

Amendment 127 #

Proposal for a regulation
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 128 #

Proposal for a regulation
Recital 15

(15) The services ~~enabl~~provided by the Programme should connect strategic areas such as the Arctic and Africa, and contribute to geopolitical resilience by offering additional connectivity in line with policy targets in these regions and the Global Gateway strategy20 . _________________ 20 JOIN(2021) 30 final.

Amendment 129 #

Proposal for a regulation
Recital 16

(16) It is appropriate that the satellites built for the purposes of the Programme arcould be equipped with payloads that can allow to increase the capacity and services of the components of the Union Space Programme, enabling thereby the development of additional missions under the conditions set out in Regulation (EU) 2021/696~~It could~~. They could be developed to offer alternative positioning, navigation and timing services complementing Galileo, ensure the broadcast of EGNOS/SBAS messages with a lower latency, provide space based sensors for space surveillance and support enhancement of current Copernicus capabilities in particular for emergency and civil security services. Commercial payloads can also be carried on the Aemilia satellites.

Amendment 130 #

Proposal for a regulation
Recital 17

(17) It is vital for the security of the Union and its Member States and for ensuring the security and integrity of the governmental services, that, where possible, the space assets of the Programme are launched from the Union territory of the Member States. Furthermore, microlaunchers ~~are able to~~could provide additional flexibility to allow for a rapid deployment of the space assets from the Union territory. Except case of force majeur such launches should take place exclusively from within the Union territory.

Amendment 131 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 17

(17) It is vital for the security of the Union and its Member States and for ensuring the security and integrity of the governmental services, that~~, where possible,~~ the space assets of the Programme are launched from the territory of the Member States. ~~Furthermore, microlaunchers are able~~In duly justified cases where that is not possible launches should also be able to take place from third countries. Microlaunchers should be used in order to provide additional flexibility to allow for a rapid deployment of the space assets.

Amendment 132 #

Proposal for a regulation
Recital 17

(17) ~~It is vital for the security of the Union and its Member States and for ensuring the security and integrity of the governmental services, that, where possible,~~To ensure the security and integrity of the governmental services and the competitiveness of the Union in a rapidly evolving market, it is vital that the space assets of the Programme are launched from the territory of the ~~Member States~~Union. Furthermore, microlaunchers ~~are able to~~may provide additional flexibility to allow for a rapid deployment of the space assets.

Amendment 133 #

Proposal for a regulation
Recital 18

(18) It is important that the Union owns all tangible and intangible assets related to governmental infrastructure while ensuring the respect of the Charter of Fundamental Rights of the European Union, including its Article 17. Despite the ownership by the Union of those assets, it should be possible for the Union, in accordance with this Regulation and, where ~~it is deeme~~necessary for the public interest and appropriate on a case- by-case assessment, to make those assets available to third parties or to dispose of them.

Amendment 134 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Recital 19

(19) The Programme should provide services aimed at meeting the needs of the governmental users. The High Level Civil Military User Needs for Governmental Satellite Communications21 , which was endorsed by the Council Security Committee in March 2017, identified three pillars of governmental services use- cases: surveillance, crisis management and connection and protection of key infrastructures. _________________ 21 EEAS(2017) 359 regarding crisis management and connection and protection of key infrastructures. The Programme should not provide military and defences services outside the borders of the Union and its Member States.

Amendment 135 #

Proposal for a regulation
Recital 20

(20) Operational requirements for the governmental services should be based on the ~~use-case analysis~~the 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 136 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 20

(20) Operational requirements for the governmental services should be based on the ~~use-case analysi~~needs of governmental users, while also taking into account the capabilities of current market offerings. 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~~be based on 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.

Amendment 137 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Recital 21

(21) Satellite communications is a finite resource limited by the satellite capacity, frequency and geographical coverage. In order to be cost-effective and to capitalise on economies of scale, the Programme should optimise the ~~match between the supply and~~supply according to demand of ~~the~~ governmental user~~vice~~s. Since the demand and the potential supply both change over time, the Commission should monitor and report the needs to adjust the portfolio for the governmental services ~~whenever this appears necessary~~every five years to Union institutions and Member States.

Amendment 138 #

Proposal for a regulation
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 139 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 22

(22) The Programme should prioritise the delivery of governmental services and 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, and provide connectivity over geographical areas of strategic interest.

Amendment 140 #

Proposal for a regulation
Recital 22

(22) The Programme should also allow for the provision of commercial services by the private sector. Such commercial services cshould 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~~, and provide connectivity over geographical areas of strategic interest~~.

Amendment 141 #

Proposal for a regulation
Recital 22

(22) The Programme should ~~also allow for the provision of commercial services by the private sector. Such commercial~~guarantee public infrastructure for the provision of strategic services. Such services cshould in particular contribute to availability of affordable high-speed broadband and seamless connectivity throughout Europe, removing communication dead zones and increasing cohesion between Member States and across Member State territories, including rural, peripheral, remote and isolated areas and islands~~, and provide connectivity over geographical areas of strategic interest~~.

Amendment 142 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Recital 23

(23) Member States, the Council, the Commission, the European Parliament and the European External Action Service (‘EEAS’), as well as Union agencies and bodies should be able to become the Programme participants, insofar as they choose to authorise users of governmental services or provide capacities, sites or facilities. Taking into consideration that it is for the Member States to decide whether to authorise national users of governmental services, Member States should not be obliged to become Programme participants or to host Programme infrastructure.

Amendment 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 144 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 25

(25) This Regulation lays down a financial envelope, which is to constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources22 , for the European Parliament and the Council during the annual budgetary procedure. Since the Programme is a new initiative that was not part of the Multiannual Financial Framework for 2021-2027, new financial resources should be deployed. Priority should be given to unallocated margins under the MFF ceilings or mobilized through the non-thematic MFF special instruments, in order to limit cuts to other Union programmes. _________________ 22 OJ L 433 I, 22.12.2020, p. 28.

Amendment 145 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Josianne CUTAJAR

Proposal for a regulation
Recital 26

(26) The Programme objectives are coherent and complementary with those of other Union programmes, particularly Horizon Europe established by Regulation (EU) 2021/695 of the European Parliament and of the Council23 , the Digital Europe Programme established by Regulation (EU) 2021/694 of the European Parliament and of the Council24 , the Neighbourhood, Development and International Cooperation Instrument – Global Europe established by Regulation (EU) 2021/947 of the European Parliament and of the Council25 , the Connecting Europe Facility established by Regulation (EU) 2021/1153 of the European Parliament and of the Council26 and, in particular, the Union Space Programme established by Regulation (EU) 2021/696 of the European Parliament and of the Council~~27 .~~ , which is why it needs to be included in it. _________________ 23 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 24 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1). 25 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1). 26 Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38). 27 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 146 #

Proposal for a regulation
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 147 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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, especially leveraging the impact of small- and medium-sized enterprises and start-ups. 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 148 #

Proposal for a regulation
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 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 and completion of the GOVSATCOM Hub which will ~~form part of~~be necessary for 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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Recital 28

(28) Due to its inherent implications on the security of the Union and its Member States, the Programme also shares objectives and principles with the European Defence Fund established by Regulation (EU) 2021/697 of the European Parliament and of the Council28 . Therefore, part of the funding from that Programme should be provided to fund the activities under this Programme, particularly the actions related to the deployment of its infrastructure. _________________ 28 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149).deleted

Amendment 150 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 28

(28) Due to its inherent implications on the security of the Union and its Member States, the Programme also shares objectives and principles with the European Defence Fund established by Regulation (EU) 2021/697 of the European Parliament and of the Council28 . Therefore, part of the funding from that Programme should be provided to fund the activities under this Programme, particularly the actions related to the deployment of its governmental infrastructure. _________________ 28 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149).

Amendment 151 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 152 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 30

(30) In accordance with Article 191(3) of the Financial Regulation, in no circumstances are the same costs to be financed twice by the Union budget. There should be mechanisms for ensuring this and this aspect should be included in the regular review on the implementation of the Programme.

Amendment 153 #

Proposal for a regulation
Recital 30 a (new)

(30 a) In the context of the mid-term review of the Multiannual Financial Framework 2021-2027, a solid budgetary assessment of the initiative should be carried out in order to provide adequate resources to the Programme.

Amendment 154 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
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 155 #

Proposal for a regulation
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 156 #

Proposal for a regulation
Recital 38

(38) A public-private partnership ~~is the most appropriate~~could be a scheme to ensure that the objectives of the Programme ~~could~~will be pursued. It wshould permit to build upon the existing EU satellite communication technological and infrastructural base and to provide robust and innovative governmental services, ~~while allowing th~~and incentivise private partners to complement the ~~Programme infrastructure~~Aemilia services with additional capabilities ~~to offe~~for commercial services through ~~additional~~ own investments. Such a scheme wshould furthermore optimise deployment and operation costs by sharing development and deployment costs on components common to both governmental and commercial infrastructures, as well as operational costs by allowing a high level of capacity mutualisation. It wshould stimulate innovation in particular for New Space by enabling the sharing of Research and Development risks between public and private partners.

Amendment 157 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Angelika NIEBLER, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 40 a (new)

(40 a) With regard to the environmental impact of the Programme, it must be acknowledged that while the space based assets do not emit greenhouses gases, their manufacturing and associated ground facilities do have an environmental impact, and there are measures that can be taken to minimise and mitigate that. Beyond that, there are legitimate concerns on the protection of space environment that are being discussed (e.g. in the United Nations’ Committee on the Peaceful Uses of Outer Space (COPUOS) and Inter-Agency Space Debris Coordination Committee (IADC)) and the Union must show leadership in space activities sustainability.

Amendment 158 #

Proposal for a regulation
Recital 40 a (new)

(40 a) The results of the feasibility study for SMEs in the space industry “New Space Solutions for Long-term Availability of Reliable, Secure, Cost Effective Space Based Connectivity” are not yet available. The results of this study should be taken into account prior to the adoption of this legislative proposal and are crucial for the participation of SMEs in the secure connectivity initiative and its feasibility.

Amendment 159 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Gheorghe FALCĂ, Marian-Jean MARINESCU, Angelika NIEBLER, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 40 b (new)

(40 b) Union-wide initiatives, such as the secure connectivity initiative, are shaped by the broad participation of innovative small, medium and large enterprises from all over Europe. The innovative potential in the Union vastly lies in small and medium sized “New Space” undertakings.

Amendment 160 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Recital 41 a (new)

(41 a) To optimise the efficiency and impact of the Programme, actions should be taken to promote the use and development of open standards, open source technologies and interoperability in the architecture of the secure connectivity system. A more open conception of the system could allow better synergies with other components of the Union Space Programme or national services and applications, optimise costs by avoiding duplication in the development of the same technology, and improve reliability.

Amendment 161 #

Proposal for a regulation
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 162 #

Proposal for a regulation
Recital 44

(44) Building on the expertise developed in the past years in management, operation and service provision related to the Galileo and EGNOS components of the Union Space Programme, the Agency is the most appropriate body to develop capacities to implement, under the supervision of the Commission, all the tasks relating to the operation of the governmental infrastructure and provision of governmental services. The Agency should therefore take steps in order to meet the requirements to be entrusted with the operation of the governmental infrastructure and the provision of governmental services.

Amendment 163 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Recital 46

(46) ESA is an international organisation with extensive expertise in the space domain including in satellite communication and is therefore an important partner in the implementation of the different aspects of the Union’s space policy. In that regard, ESA should be able to provide technical expertise to the Commission, including for the preparation of the technical aspects of the Programme as well as the inclusion of New Space players, particularly including SMEs and start-ups. To this purpose, ESA may be entrusted with the development and validation activities of the Programme, and support the evaluation of the contracts concluded in the context of the implementation of the Programme.

Amendment 164 #

Proposal for a regulation
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 165 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Recital 53

(53) ~~Where appropriate, after the risk and threat analysis, the Commission should identify a s~~A 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 ~~structure~~Center. That security monitoring structure should ~~be the entity~~ respond~~ing~~ to instructions developed under the scope of Decision (CFSP) 2021/698.

Amendment 166 #

Proposal for a regulation
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 167 #

Proposal for a regulation
Recital 56

(56) An important objective of the Programme is to ensure the ~~security~~well- functioning of the Union and the Member States and to strengthen the resilience across key technologies and value chains. In specific cases, that objective requires conditions for eligibility and participation to be set, to ensure the protection of the integrity, security and resilience of the operational systems of the Union. That should not undermine the need for competitiveness and cost-effectiveness.

Amendment 168 #

Proposal for a regulation
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 169 #

Giorgos GEORGIOU, Marisa MATIAS

Proposal for a regulation
Recital 58

(58) ~~The Programme’s governmental services will be used in security and safety critical missions and operations by Union and Member State actors. Therefore, i~~In order to protect the essential security interest of the Union and its Member States, measures to ensure a necessary level of non-dependence on third parties (third countries and entities from third countries) are needed, covering all Programme elements. This includes space and ground technologies at component, subsystem and system level, manufacturing industries, owners and operators of space systems, and physical location of ground system components.

Amendment 170 #

Proposal for a regulation
Recital 58

(58) The Programme’s governmental services will be used in ~~security and safety critical missions and~~civil operations by Union and Member State actors. Therefore, in order to protect the essential security interest of the Union and its Member States, measures to ensure a necessary level of non-dependence on third parties (third countries and entities from third countries) are needed, covering all Programme elements. This includes space and ground technologies at component, subsystem and system level, manufacturing industries, owners and operators of space systems, and physical location of ground system components.

Amendment 171 #

Proposal for a regulation
Recital 60

(60) Given its worldwide coverage, the Programme has a strong international dimension. International partners, their governments and citizens will be recipients of the Programme’s array of services with accrued benefits to the international cooperation of the Union and the Member States with these partners. For matters relating to the Programme, the Commission might coordinate, on behalf of the Union and in its field of competence, the activities on the international scene. In particular, the Commission, as regards the Programme, would defend the interests of the Union and the Member States in international fora, including in the area of frequencies, without prejudice to Member States’ competence in that area.

Amendment 172 #

Proposal for a regulation
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 173 #

Proposal for a regulation
Recital 63

(63) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to adoption of the location of the centres belonging to the ground governmental infrastructure, the operational requirements for governmental services, the service portfolio for governmental services, as well as the establishment of additional requirements for the participation of third countries and international organisations in the Programme. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council41. _________________ 41 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 174 #

Proposal for a regulation
Recital 64

(64) In principle, the governmental services should be provided free of charge to users of the governmental services. If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

Amendment 175 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 64

Amendment 176 #

Proposal for a regulation
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~~, however a pricing policy could be developed ex ante in order to dpreve~~lop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market~~nt distortions of the market and to apply in case of 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 177 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Recital 64

(64) In principle, the governmental services should be provided free of charge to users of the governmental services. ~~If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the~~A pricing policy should be developed for additional use of service provisions in order to ~~avoid a~~prevent 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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 179 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Recital 71 a (new)

(71 a) The Programme complements the existing Union Space Programme, by integrating and extending its objectives and actions to create a secure and space- based connectivity system for the Union. Therefore, in the future, this Programme should be integrated in the Union Space Programme.

Amendment 180 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article -1 (new)

Article -1 Changes to the Union Space Programme 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 No541/2014/EU is amended by inclusion of a new title VIII- B after the Title VIII as follows.

Amendment 181 #

Proposal for a regulation
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 182 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation establishes the ~~Union Secure Connectivity Programme~~Aemilia (‘the Programme’). It lays down the objectives of the Programme, 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 183 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 2 – paragraph 1 – point 6

~~(6) ‘New Space industry’ means private companies, small and medium- sized enterprises and start-ups that develop novel space technologies and applications;~~deleted

Amendment 184 #

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘New Space ~~industry’ means private companies,~~ecosystem’ means new business models where non-traditional space players, in particular small and medium- sized enterprises and start-ups ~~that~~ develop innovelative, market-driven space technologies and applications. Such ecosystem covers the whole space value chain, encompassing upstream, midstream and downstream segments;

Amendment 185 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 2 – paragraph 1 – point 6

(6) ‘New Space industry’ means ~~private companies,~~ small and medium- sized enterprises and start-ups that develop novel space technologies and applications, established after the year 2000;

Amendment 186 #

Proposal for a regulation
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 187 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 188 #

Proposal for a regulation
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 189 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 190 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. The general objective of the Programme is to establish a secure and autonomous space-based connectivity system for the provision of guaranteed and resilient satellite communication services, through the integration of the capacities of the GOVSATCOM component of the Union Space Programme, in particular to:

Amendment 191 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. The general objective of the Programme is to establish a secure and autonomous space-based connectivity system, under civil control, for the provision of guaranteed and resilient satellite communication services for civil operations, in particular to:

Amendment 192 #

Proposal for a regulation
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 193 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effective satellite governmental 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 194 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ensure the long-term availability of ~~worldwide uninterrupted~~ access to secure and ~~cost-effective~~reliable, resilient, satellite communication services to civilian 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 195 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effective satellite communication services to governmental users in accordance with paragraphs 1 to 3 of Article 7, which supports protection of critical infrastructures, ~~surveillance, external actions,~~ crisis management and applications that are critical for the public interest, economy, environment, s~~ecurity and defence~~ocial progress, thereby increasing the resilience of Member States;

Amendment 196 #

Proposal for a regulation
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 197 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) allow for the provision of commercial services by the private sector to further develop worldwide high-speed broadband and seamless connectivity and to ensure the provision of commercial services to governmental entities, in accordance with Article 7(4).

Amendment 198 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) ~~allow for~~enable the provision of commercial services ~~by the private sector in accordance with Article 7(4)~~or services offered to governmental users based on commercial infrastructure at market conditions by the private sector in line with applicable Union’s competition law.

Amendment 199 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) allow for the provision of commercial services by the private sector in accordance with Article 7(4), including services to further develop worldwide high-speed broadband and seamless connectivity.

Amendment 200 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) ~~allow for the provision of commercial~~ensure the long-term availability of high-speed broadband services by the public or private sector in accordance with Article 7(4).

Amendment 201 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) allow for the ~~provision of commercial services by the private sector in accordance with Article 7(4)~~development of an ambitious public infrastructure and services.

Amendment 202 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1 a. Allow for the provision of further commercial activities by the private sector.

Amendment 203 #

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) ~~improve the resilience of the Union communication service~~ensure 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 204 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) improve the resilience of the Union communication services by developing, building and operating a multi-orbital connectivity infrastructure, continuously adapted to evolution of demand for satellite communications, ~~while taking into account~~built on the exploitation of the existing and future assets and communication capacities 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 205 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) improve the resilience of the Union communication services by developing, building and operating a multi-orbital connectivity infrastructure, continuously adapted to evolution of demand for satellite communications, ~~while taking into account~~complementing and interlinking with 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)

(a a) provide the Union with an appropriate level of strategic autonomy in terms of technologies, assets, operations and services;

Amendment 207 #

Proposal for a regulation
Article 3 – paragraph 2 – point b

(b) contribute to cyber resilience ~~by proactive and reactive defence against cyber and electromagnetic threats~~ and operational cybersecurity, and integrate the space and related ground segment of the European Quantum Communication Infrastructure to enable secure transmission of cryptographic keys;

Amendment 208 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 3 – paragraph 2 – point c

(c) ~~improve and expand the~~where possible, improve and complement the communication capabilities and services of other components of the Union Space Programme;

Amendment 209 #

Proposal for a regulation
Article 3 – paragraph 2 – point c

Amendment 210 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 3 – paragraph 2 – point d

~~(d) incentivise the deployment of innovative and disruptive technologies, in particular by leveraging the New Space industry; an~~deleted

Amendment 211 #

Proposal for a regulation
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 212 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) incentivise the deployment of innovative and disruptive technologies, in particular by leveraging the ~~New Space industry; and~~potential of New Space actors such as SMEs and start-ups;

Amendment 213 #

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) incentivise the deployment of innovative and disruptive technologies~~, in particular by leveraging~~ and new business models provided by the New Space ~~industry~~ecosystem; and

Amendment 214 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 3 – paragraph 2 – point d

(d) ~~incentivise the~~guarantee the geographically balanced deployment of innovative and disruptive technologies~~, in particular by leveraging the New Space industry; and~~ across the Union;

Amendment 215 #

Proposal for a regulation
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 Un~~addressing 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 216 #

Henna VIRKKUNEN

Proposal for a regulation
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~~improve secure connectivity over geographical areas of strategic interest ~~outside of the Union.~~, such as Africa and the Arctic;

Amendment 217 #

Proposal for a regulation
Article 3 – paragraph 2 – point e

(e) allow further development and affordable access tof high- speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion between Member States and across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Union, exclusively for civil operations.

Amendment 218 #

Proposal for a regulation
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 Union~~.

Amendment 219 #

Proposal for a regulation
Article 3 – paragraph 2 – point e

(e) ~~allow further~~provide accessible and affordable internet access services by 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.

Amendment 220 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

(e a) enhance the safety and sustainability of outer space activities, by implementing appropriate measures to display and promote responsible behaviour in space when implementing the Programme, including through seeking to prevent the proliferation of space debris.

Amendment 221 #

Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)

(e a) secure access to orbital slots and the right to use relevant frequencies.

Amendment 222 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Article 3 – paragraph 2 – point e b (new)

(e b) enhance the safety and sustainability of outer space activities by implementing appropriate measures to display and promote responsible behaviour in space when implementing the Programme, including by means of the sharing of real time localisation and identity information of the satellites and the prevention of the proliferation of space debris.

Amendment 223 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. The provision of the governmental services referred to in Article 7(1) shall complement and interface with the Govsatcom component of the Union Space Programme and be ensured through the implementation of the following activities:

Amendment 224 #

Proposal for a regulation
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 225 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) development ~~and~~, validation a~~ctivities, comprising the construction and launch of the initial~~nd related deployment activities of the space and ground infrastructure required to provide first governmental services based on existing infrastructure by 2023;

Amendment 226 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) design, development and validation activities, comprising the construction and launch of the initial space and ground infrastructure required to provide governmental services;

Amendment 227 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) development and validation activities, comprising the construction and launch of ~~the initi~~additional space and ground infrastructure required to provide governmental services;

Amendment 228 #

Proposal for a regulation
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 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 230 #

Proposal for a regulation
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 be improved through the gradual~~, based on the exploitation of the GOVSATCOM Hub infrastructure. Those early services shall be improved through the gradual scaling up of the GOVSATCOM Hub infrastructure. They may be further improved through the deployment of the space and ground infrastructure leading to full operational capability aimed by 2027.

Amendment 231 #

Proposal for a regulation
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 232 #

Pilar DEL CASTILLO VERA

Proposal for a regulation
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 based on existing Union infrastructure by 20243. Those early services shall be improved through the gradual deployment of the space and ground infrastructure leading to full operational capability aimed by 2027.

Amendment 233 #

Proposal for a regulation
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 20243 based on existing Union infrastructure. Those early services shall be improved through the gradual deployment of the space and ground infrastructure leading to full operational capability aimed by 2027.

Amendment 234 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 latest by 20247. Those early services shall be improved through the gradual deployment of the space and ground infrastructure leading to full operational capability aimed by 202730.

Amendment 235 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3 a. The Programme implementation, infrastructure, exploitation, services provision and maintenance shall be in line with the Union space traffic management legislation.

Amendment 236 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part

The governmental infrastructure of the secure connectivity system shall ~~include~~be built upon the GOVSATCOM Hub ground segment infrastructure as set out in Article 67 of Regulation (EU) 2021/696 and include progressively all the related ground and space assets which are required for the provision of the governmental services, as set out in Article 7(1), including the following assets:

Amendment 237 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e

~~(e) the GOVSATCOM ground segment infrastructure as set out in Article 67 of Regulation (EU) 2021/696, including the GOVSATCOM Hubs.~~deleted

Amendment 238 #

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3

The governmental infrastructure shall support additional payloads that may be used as part of the space-based infrastructure of the components of the Union Space Programme listed in Article 3 of Regulation (EU) 2021/696 under the terms and conditions set out in that Regulation.deleted

Amendment 239 #

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1

The Commission shall, by means of ~~implementing~~delegated acts, lay down, where necessary, measures required to determine the location of the centres belonging to the ground governmental infrastructure, ~~except the GOVSATCOM Hubs~~geographically balanced, in accordance with security requirements, following an open and transparent process. Those ~~implementing~~delegated acts shall be adopted in accordance with the ~~examination~~ procedure referred to in Article 4~~2(2)~~3 of this Regulation. ~~The location of the GOVSATCOM Hubs shall be determined in accordance with Article 67(2) of regulation (EU) 2021/696.~~

Amendment 240 #

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2

For the protection of the security interests of the Union and its Member States the centres referred to in the first subparagraph shall be, ~~where possible,~~ located in the territory of the Member States and governed by a hosting agreement taking the form of an administrative agreement between the Union and the Member State concerned.

Amendment 241 #

Proposal for a regulation
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 a third country, subject to a hosting agreement between the Union and the third country concerned concluded in accordance with Article 218 TFEU.deleted

Amendment 242 #

Proposal for a regulation
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 243 #

Giorgos GEORGIOU, Marisa MATIAS

Proposal for a regulation
Article 5 – paragraph 4

4. The commercial infrastructure referred to in paragraph 1 shall include all space and ground assets other than those being part of the governmental infrastructure. The commercial infrastructure shall be entirely financed by the contractor referred to in Article 15(2).deleted

Amendment 244 #

Proposal for a regulation
Article 5 – paragraph 4

4. The commercial infrastructure referred to in paragraph 1 shall include all space and ground assets other than those being part of the governmental infrastructure. The commercial infrastructure and any related risks, shall be entirely financed by the contractor referred to in Article 15(2).

Amendment 245 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 5 – paragraph 4

4. The commercial infrastructure referred to in paragraph 1 shall include all space and ground assets other than those being part of the governmental infrastructure. The commercial infrastructure, and any related risk, shall be entirely financed by the contractor referred to in Article 15(2).

Amendment 246 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ

Proposal for a regulation
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 247 #

Proposal for a regulation
Article 5 – paragraph 5

5. In order to protect the security interests of the Union, the space assets of the secure connectivity system shall be launched by a launch service provider that complies with the conditions set out in Article 19 and~~, where possible,~~ from the territory of the Member States. By way of derogation, in duly justified cases the launch can be executed from the territory of a third country. Microlaunchers shall be used in order to provide additional flexibility to allow for a rapid deployment of the space assets.

Amendment 248 #

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5 a. By way of derogation from the first subparagraph, the Commission may allow a provider to launch a space asset from the territory of a third country in case of force majeure.

Amendment 249 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 250 #

Proposal for a regulation
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~~, and in particular the initiatives and activities listed in Article 6 of Regulation (EU) 2021/696, including, where appropriate, support of commercial services.

Amendment 251 #

Giorgos GEORGIOU, Marisa MATIAS

Proposal for a regulation
Article 6 – paragraph 1

1. The Programme shall support an innovative and ~~competit~~public interest driven Union space sector ~~and stimulate the New Space industry~~ in the Union, and in particular the initiatives and activities listed in Article 6 of Regulation (EU) 2021/696, including, where appropriate, support of commercial services.

Amendment 252 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Ensure the inclusion of New Space, in particular SMEs and start-ups in the use downstream market of the data created through Aemilia.

Amendment 253 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The Commission shall ~~contribute to the activities referred to in paragraph 1~~stimulate the New Space ecosystem in the Union, by taking the following measures:

Amendment 254 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Josianne CUTAJAR

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) establish criteria for the award of the contracts referred to in Article 15 ensuring the participation of start-ups and small and medium-sized enterprises (SMEs) from across the Union and along the whole relevant value chain, and enforce their participation, where applicable, based on quotas;

Amendment 255 #

Proposal for a regulation
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 a~~cross the Union~~ll Member States and along the whole relevant value chain;

Amendment 256 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) require that the contractor referred to in Article 15(2) provides a plan on the integration of the New Space industry, start-ups and SMEs from across the Union in the activities under the contracts referred to in Article 15;

Amendment 257 #

Proposal for a regulation
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 a~~cross the Union~~ll Member States in the activities under the contracts referred to in Article 15;

Amendment 258 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Henna VIRKKUNEN, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) require that the contractor referred to in Article 15(2) provides a plan onto maximise the integration of start-ups and SMEs from across the Union in the activities under the contracts referred to in Article 15;

Amendment 259 #

Proposal for a regulation
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 260 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) ~~require through the contracts referred to in Article 15 that start-ups and SMEs are able to deliver~~support SMEs and start-ups to deliver own services to end-users and within the value chain, including own ~~services to end-users~~the downstream market;

Amendment 261 #

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)

(c a) promote the use and development of open standards, open source technologies and interoperability in the architecture of the secure connectivity system, in order to allow synergies, optimise costs and improve reliability;

Amendment 262 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ, Bart GROOTHUIS

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)

(c a) ensure the inclusion of New Space, in particular SMEs and start-ups, in the use downstream market of the data created through Aemilia;

Amendment 263 #

Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)

(c b) promote the development and production in the Union of user terminals, which are required to exploit governmental and commercial communication services;

Amendment 264 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2 a. require that the contractor referred to in Article 15(2) proves that its activities are in line with the EU taxonomy criteria, with the EU climate targets and the European Pillar of Social Rights.

Amendment 265 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 7 – paragraph 1

1. The provision of governmental services shall be ensured as laid down in the service portfolio referred to in paragraph 3 and in accordance with the operational requirements set out in in paragraph 2, according to the following categories: (a) services offered to governmental users based on the governmental infrastructure; (b) services offered to governmental users based on the commercial infrastructure; (c) quantum key distribution service.

Amendment 266 #

Proposal for a regulation
Article 7 – paragraph 1

1. The ~~provision of governmental services shall be ensured as laid down in the service portfolio referred to in paragraph 3 and in accordance with the operational requirements set out in in paragraph 2~~services portfolio shall consist at least of the following categories of services: (a) services offered to governmental users based on the governmental infrastructure; (b) services offered to governmental users based on the commercial infrastructure; (c) quantum communication services. These categories complement the portfolio of GOVSATCOM services referred to in Article 63(3) of Regulation (EU) 2021/696.

Amendment 267 #

Proposal for a regulation
Article 7 – paragraph 2

2. The Commission shall adopt, by means of ~~implementing~~delegated 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 enhance, interoperate and interconnect with existing GOVSATCOM and take into account 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 268 #

Proposal for a regulation
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 account~~be 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 269 #

Proposal for a regulation
Article 7 – paragraph 3

3. The Commission shall adopt, by means of implementing acts, the service portfolio for the governmental services in the form of a list of services and their attributes, ~~including geographical~~ensuring full European Union coverage, frequency, bandwidth, user equipment, and security features. Those implementing acts shall be based on the operational requirements referred to in paragraph 2 of this Article and applicable security requirements referred to in Article 27(2). These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).

Amendment 270 #

Proposal for a regulation
Article 7 – paragraph 4

4. The ~~provision of commercial services shall be financed by the contractor referred to in Article 15(2). T~~Commission shall adopt by means of delegated act the terms and conditions for the provision of commercial services. They shall ~~be determined in the contracts referred to in Article 15. They shall in particular specify~~in particular specify the demand side, a pricing policy, the types of services, the specific needs they answer to and 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. Any commercial offer shall be subject to a price regulation based on the need to ensure affordable access to service. This must not exceed 5€ per month for unlimited data and a minimum speed of 100 mb/s.

Amendment 271 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 7 – paragraph 4

4. The provision of commercial services and any related risks, shall be financed by the contractor referred to in Article 15(2). The terms and conditions for the provision of commercial services shall be determined in the contracts referred to in Article 15. They shall in particular specify how the Commission will assess and approve the provision of commercial services to ensure that the Union’s essential interests and the Programme’s general and specific objectives referred to in Article 3 are preserved. They shall also include adequate safeguards to prevent distortions of competition in the provision of commercial services, to avoid any conflict of interest, undue discrimination and any other hidden indirect advantages to the contractor referred to in Article 15(2). Such safeguards may include the obligation of accounting separation between the provision of governmental services and the provision of commercial services, including the setting up of a structurally and legally separate entity from the vertically integrated operator for the provision of governmental services, and the provision of open, fair and non- discriminatory access to infrastructure necessary for the provision of commercial services.

Amendment 272 #

Proposal for a regulation
Article 7 – paragraph 4

4. The provision of commercial services shall be financed entirely 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~~shall 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 273 #

Proposal for a regulation
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 274 #

Proposal for a regulation
Article 8 – paragraph 2

2. The Commission shall adopt, by means of ~~implementing~~delegated acts, detailed rules on the provision of governmental services taking into account Article 66 of the Space Programme Regulation and the expected demand for the different use-cases, dynamic allocation of the resources and prioritisation of the governmental services according to relevance and criticality of the users’ needs and, where appropriate, the cost-efficiency.

Amendment 275 #

Proposal for a regulation
Article 8 – paragraph 4

4. By way of derogation from paragraph 3, the Commission may, in duly justified cases and on an exceptional basis, determine, by means of implementing acts, a pricing policy. 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 beneficiary.deleted

Amendment 276 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1

~~By way of derogation from paragraph 3, the Commission may, in duly justified cases and on an exceptional basis, determine, by means of implementing acts, a pricing policy~~The costs of providing the governmental services shall be calculated and took into account when determining the source of the governmental services provided. The users shall be able to benefit from the services with the lowest costs including those provided by the market, as long as the security requirements are met.

Amendment 277 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1

By way of derogation from paragraph 3, the Commission may, in duly justified cases, where strictly necessary to match supply and demand of governmental services, for a limited period and on an exceptional basis, determine, by means of implementing acts, a pricing policy.

Amendment 278 #

Proposal for a regulation
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 ~~beneficiar~~contractor. Any revenue from the pricing policy shall be used to increase capacity of the secure connectivity system or to procure additional capacity.

Amendment 279 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2

Amendment 280 #

Proposal for a regulation
Article 8 – paragraph 5

~~5. The implementing acts referred to in paragraphs 2 and 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 42(2).~~deleted

Amendment 281 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 8 – paragraph 5

5. The implementing acts referred to in paragraphs 2 ~~and 4~~ of this Article shall be adopted in accordance with the examination procedure referred to in Article 42(2).

Amendment 282 #

Henna VIRKKUNEN

Proposal for a regulation
Article 8 – paragraph 6 a (new)

6 a. The provision of the services shall be equal within the Union Member States in the terms of service portfolio, geographical availability, and the service performance and quality levels.

Amendment 283 #

Proposal for a regulation
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 284 #

Proposal for a regulation
Article 9 – paragraph 1

1. Member States, the Council, the Commission, the European Parliament and the European External Action Service (EEAS) shall be the Programme participants insofar as they authorise the users of the governmental services.

Amendment 285 #

~~3. Third countries and international organisations may become the Programme participants in accordance with Article 36.~~deleted

Amendment 286 #

Proposal for a regulation
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

That requirement shall be deemed to be complied with by the Programme participants, if they satisfy the following criteria: (a) they are also GOVSATCOM participants referred to in Article 68 of Regulation (EU) 2021/696; and (b) they have designated a competent authority in accordance with Article 68(4) of Regulation 2021/696.deleted

Amendment 288 #

Proposal for a regulation
Article 9 – paragraph 5 – point c

(c) user equipment necessary for the use of the governmental services and associated electronic communication connections and information are used and managed in accordance with applicable security and sustainability requirements;

Amendment 289 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 9 – paragraph 5 – point d

(d) a central point of contact is established to assist as necessary in the reporting of security risks and threats, in particular the detection of potential collisions and potentially harmful electromagnetic interference affecting the services under the Programme.

Amendment 290 #

Proposal for a regulation
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. This amount shall be drawn primarily from unallocated margins under the MFF 2021-2027 ceilings or mobilized through the non- thematic MFF special instruments.

Amendment 291 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ

Proposal for a regulation
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 292 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1

The financial envelope for the implementation of the Programme for the period from 1 January 2023 to 31 December 2027 and for covering the associated risks relating to the governmental infrastructure only, shall be EUR 1,600 billion in current prices.

Amendment 293 #

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – indent 1

~~— EUR 950 million from Heading 1;~~deleted

Amendment 294 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – indent 2

~~— EUR 500 million from Heading 5;~~deleted

Amendment 295 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 11 – paragraph 2

2. The Programme shall be complemented by funding implemented under the Horizon Europe Programme, 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, Regulation (EU) No 2021/696 and Regulation (EU) No. 2021/947 respectively, and with full respect for their objectives, criteria and implementation modalities.

Amendment 296 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 297 #

Angelika NIEBLER, Markus PIEPER, Hildegard BENTELE, Christian EHLER, Marion WALSMANN, Jens GIESEKE

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2 a. At least 40% of the whole budget shall be allocated to SMEs in order to boost innovation and intensify cooperation in the market.

Amendment 298 #

Proposal for a regulation
Article 11 – paragraph 3 a (new)

3 a. The amount referred to in paragraph 1 may not be used to cover any risk related to the commercial infrastructure.

Amendment 299 #

Proposal for a regulation
Article 11 – paragraph 3 a (new)

3 a. The amount referred to in paragraph 1 may not be used to cover any risks relating to the commercial infrastructure

Amendment 300 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) ~~Third countrie~~Members of EFTA which are members of EEA or other third countries and international organisations participating in the programme;

Amendment 301 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) European Space Agency (ESA) or other international organisations in line with relevant agreements.,

Amendment 302 #

Proposal for a regulation
Article 13 – paragraph 1 – point d

(d) ~~European Space Agency (ESA) or~~ other international organisations in line with relevant agreements.

Amendment 303 #

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)

(d a) private sector contributions.

Amendment 304 #

Proposal for a regulation
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 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a regulation
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 306 #

Proposal for a regulation
Article 13 – paragraph 2 a (new)

2 a. The ESA may, in accordance with its internal procedures, financially support development and validation activities comprised in contracts awarded in accordance with Article 15.

Amendment 307 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 308 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a regulation
Article 15 – paragraph 2

2. The roles, responsibilities, financial scheme and allocation of risks between the Union and the contractor for their implementation shall be set out in contracts, which ~~may~~shall take the form of a concession contract, ~~a supply, service or works contract or a mixed contract,~~ taking into account the ownership regime under Article 16 and the funding of the Programme under Chapter III.

Amendment 309 #

Proposal for a regulation
Article 15 – paragraph 2

2. The roles, responsibilities, financial scheme and allocation of risks between the Union and the contractor for their implementation shall be set out in contracts, which may take the form of a concession contract, or a s~~upply, service or works contract or a mixed~~ervice contract, taking into account the ownership regime under Article 16 and the funding of the Programme under Chapter III.

Amendment 310 #

Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 15 – paragraph 2

Amendment 311 #

Proposal for a regulation
Article 15 – paragraph 2

2. The roles, responsibilities, financial scheme and allocation of risks between the Union and the contractor for their implementation shall be set out in contracts, which may take the form of ~~a concession contract, a~~framework agreements, supply, service or works contracts or a mixed contract, taking into account the ownership regime under Article 16 and the funding of the Programme under Chapter III.

Amendment 312 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a regulation
Article 15 – paragraph 4

4. If the procurement procedure referred to in paragraph 2 takes the form of a concession contract and such procedure leads to the failure to conclude the concession contract, the Commission shall restructure the procurement and implement a supply, service or works contract, as appropriate for an optimal implementation of the Programme.deleted

Amendment 313 #

Pilar DEL CASTILLO VERA

Proposal for a regulation
Article 15 – paragraph 4

4. If the procurement procedure referred to in paragraph 2 ~~takes the form of a concession contract and such procedure~~ leads to the failure to conclude the concession contract, the Commission shall restructure the procurement and implement a supply, service or works contract, as appropriate for an optimal implementation of the Programme.

Amendment 314 #

Proposal for a regulation
Article 15 – paragraph 4

Amendment 315 #

Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Marcos ROS SEMPERE, Nicolás GONZÁLEZ CASARES, Alicia HOMS GINEL, Lina GÁLVEZ

Proposal for a regulation
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 316 #

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point b

(b) the right to prioritise the provision of the governmental services over the commercial services~~, according to terms and conditions to be established in the contracts referred to in Article 15 and~~ considering the users of the governmental services referred to in Article 10(1).

Amendment 317 #

Proposal for a regulation
Article 16 – paragraph 2 – point b

(b) the acquisition of the ownership or license rights in respect of other tangible and intangible assets necessary for the implementation of the Programme, in relation to the provision of governmental services.

Amendment 318 #

Proposal for a regulation
Article 16 – paragraph 3 – point b

~~(b) the legitimate interests of all stakeholders concerned;~~deleted

Amendment 319 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 16 – paragraph 4

4. The Commission shall, in particular, ensure that the relevant contracts, agreements and other arrangements include the possibility of transferring those intellectual property rights to third parties or of granting third- party licences for those rights, including to the creator of the intellectual property, and that such third parties can freely enjoy those rights where necessary for carrying out their tasks under this Regulation.deleted

Amendment 320 #

Proposal for a regulation
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 #

Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Marcos ROS SEMPERE, Nicolás GONZÁLEZ CASARES, Alicia HOMS GINEL, Lina GÁLVEZ

Proposal for a regulation
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 322 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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-contract~~ing by the tenderer~~ors, by requiring, where appropriate, a minimum number of operators established in different Member States;

Amendment 323 #

Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Marcos ROS SEMPERE, Nicolás GONZÁLEZ CASARES, Alicia HOMS GINEL, Lina GÁLVEZ

Proposal for a regulation
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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 17 – paragraph 2 – point g

(g) to promote service accessibility, continuity and reliability;

Amendment 326 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 17 – paragraph 2 – point h

(h) to satisfy environmental criteria; and comply with the Union climate targets;

Amendment 327 #

Proposal for a regulation
Article 17 – paragraph 2 – point h

(h) to satisfy environmental and social sustainability criteria;

Amendment 328 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
Article 17 – paragraph 2 – point h

(h) to satisfy environmental criteria, in accordance with Article 17a;

Amendment 329 #

Proposal for a regulation
Article 17 – paragraph 2 – point h a (new)

(h a) to ensure space sustainability;

Amendment 330 #

Proposal for a regulation
Article 17 – paragraph 2 – point i

(i) to ensure the effective promotion of equal opportunities for all, and the implementation of gender mainstreaming, and of the gender dimension and shall aim to address the causes of gender imbalance. Particular attention shall be paid to ensure gender balance in evaluation panels.;

Amendment 331 #

Proposal for a regulation
Article 17 – paragraph 2 – point i a (new)

(i a) to ensure the protection of privacy and personal data during the design and implementation of the systems and that the appropriate safeguards are included therein in accordance with Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.

Amendment 332 #

Proposal for a regulation
Article 17 – paragraph 2 a (new)

2 a. to ensure high- quality jobs and apply the principles of the European Pillar of Social Rights

Amendment 333 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 17 a (new)

Article 17 a Environmental criteria (1) The Commission shall adopt delegated acts specifying the sustainability criteria to be met for the development, production, operation and end of life for the ground and space based infrastructure included in the of the constellation. The delegated acts shall be adopted in accordance with Article XX Exercise of the delegation. (2) Such delegated acts shall include provisions on measuring, minimising and mitigating at least: a) the greenhouse emissions, including offset measures where the emissions cannot be avoided; b) use of raw materials, especially the one available in limited supply or potentially harmful upon re-entry; c) visible and invisible radiation pollution that can hamper astronomical observations or any other type of research and observations; d) the use of limited resources such as radio frequency and orbits; e) the potential for debris generation, including requirements on end of life de- orbit. (3) In order to facilitate the monitoring and operation of the constellation, the European Commission shall maintain a database of space assets including at least a unique identifier, description of the asset, list of raw materials and their quantities, estimated lifetime and end of life procedures.

Amendment 334 #

Proposal for a regulation
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 335 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 18 – paragraph 1 a (new)

1 a. For contracts above EUR 10 million, the contracting authority shall ensure that at least 30 % 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 336 #

Proposal for a regulation
Article 18 – paragraph 2

~~2. The tenderer shall justify any derogation from a request made under paragraph 1.~~deleted

Amendment 337 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO

Proposal for a regulation
Article 18 – paragraph 2

~~2. The tenderer shall justify any derogation from a request made under paragraph 1.~~deleted

Amendment 338 #

Proposal for a regulation
Article 18 – paragraph 2

2. The tenderer shall duly justify any derogation from a request made under paragraphs 1 and 1a.

Amendment 339 #

Proposal for a regulation
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)

2 b. If the tenderer is not able to comply entirely with the request referred to in paragraph 1 or the percentage referred to in paragraph 2a, it shall provide the duly justified reasons therefore to the contracting authority, which can approve the derogation. The contracting authority shall submit that information to the Commission.

Amendment 341 #

Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Marcos ROS SEMPERE, Nicolás GONZÁLEZ CASARES, Alicia HOMS GINEL, Lina GÁLVEZ

Proposal for a regulation
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 342 #

Proposal for a regulation
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 343 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 19 – paragraph 1

Eligibility and participation conditions shall apply to the award procedures carried out in the implementation of the Programme, in relation to the provision of governmental services, 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.

Amendment 344 #

Proposal for a regulation
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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 346 #

Proposal for a regulation
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)

(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)

(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 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 24 – paragraph 2 – introductory part

2. The Commission ~~may~~shall entrust, by means of one or more contribution agreements, the following tasks to the Agency:

Amendment 350 #

Proposal for a regulation
Article 24 – paragraph 2 – introductory part

2. The Commission ~~may~~shall entrust, by means of one or more contribution agreements, the following tasks to the Agency:

Amendment 351 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 24 – paragraph 2 – point a

(a) management of the operation of the governmental infrastructure of the Programme;

Amendment 352 #

Proposal for a regulation
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

(b) operational security of the governmental infrastructure, including risk and threat analysis, security monitoring, in particular setting technical specifications and operational procedures, and monitoring their compliance with the general security requirements referred to in Article 27(2).deleted

Amendment 354 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 24 – paragraph 2 – point c

Amendment 355 #

Proposal for a regulation
Article 24 – paragraph 2 – point c

Amendment 356 #

Proposal for a regulation
Article 24 – paragraph 2 a (new)

2 a. The Commission may entrust, by means of one or more contribution agreements, other tasks to the Agency, provided that they do not duplicate activities performed by other entrusted entities in the context of the Programme and provided that they aim to improve the efficiency of the implementation of the Programme’s activities.

Amendment 357 #

Proposal for a regulation
Article 24 – paragraph 3

3. By way of derogation from Article 62(1) of the Financial Regulation and subject to the Commission’s assessment of the protection of the Union’s interests, the Agency may entrust, by means of contribution agreements, specific activities to other entities, in areas of their respective competence, under the conditions of indirect management applying to the Commission.deleted

Amendment 358 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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 ~~may~~shall allocate part of the budget for the activities entrusted to the Agency for the funding of human resources necessary for their implementation.

Amendment 359 #

Proposal for a regulation
Article 24 – paragraph 4

4. Where activities are entrusted to the Agency, appropriate financial, human and administrative resources shall be ensured for their implementation. For this purpose, the Commission ~~may~~shall allocate part of the budget for the activities entrusted to the Agency for the funding of human resources necessary for their implementation.

Amendment 360 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Article 25 – paragraph 1 – introductory part

1. Provided that the interest of the Union is protected, ESA ~~may~~shall, within the field of its expertise, be entrusted with the following tasks:

Amendment 361 #

Proposal for a regulation
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 362 #

Proposal for a regulation
Article 28 – paragraph 1

~~Whenever the security of the Union or its Member States may be affected by the operation of the system or the provision of the governmental services, Decision (CFSP) XXX shall apply.~~deleted

Amendment 363 #

Proposal for a regulation
Article 30 – paragraph 1 a (new)

1a. All other relevant provisions of the European Union Space Programme shall apply accordingly.

Amendment 364 #

Proposal for a regulation
Article 31

Tasks and composition of the Security 1. Article 38, with the exception of points (c) to (f) of paragraph 2 and point (b) of paragraph 3, and Article 39 of Regulation (EU) 2021/696 shall apply to this Programme. 2. In addition to paragraph 1 and on an exceptional basis, representatives of the contractor referred to in Article 15(2) of this Regulation may be invited to attend the meetings of the Security Accreditation Board as observers for matters directly relating to that contractor.Article 31 deleted Accreditation Board

Amendment 365 #

Proposal for a regulation
Article 32

~~Voting rules of the Security Accreditation Article 40 of Regulation (EU) 2021/696 shall apply with regard to the voting rules of the Security Accreditation~~Article 32 deleted Board.

Amendment 366 #

Proposal for a regulation
Article 33 – paragraph 1

1. Article 41(1) to (4) of Regulation (EU) 2021/696 shall apply to the decisions of the Security Accreditation Board. For the purposes of this Regulation, the term ‘component’ in Article 41 of Regulation (EU) 2021/696 shall be read as ‘governmental infrastructure’.deleted

Amendment 367 #

Proposal for a regulation
Article 34 – paragraph 1

~~Article 42 of Regulation (EU) 2021/696 shall apply to this Programme.~~deleted

Amendment 368 #

Proposal for a regulation
Article 36 – paragraph 1 – introductory part

1. In accordance with the conditions laid down in a specific agreement concluded in accordance with Article 218 TFEU covering the participation of a third country to any Union programme, the Programme shall be open to the participation of members of the European Free Trade Association (EFTA) which are members of the European Economic Area (EEA)~~, as well as of the following third countries:~~.

Amendment 369 #

Proposal for a regulation
Article 36 – paragraph 1 – point a

(a) acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;deleted

Amendment 370 #

Proposal for a regulation
Article 36 – paragraph 1 – point b

(b) European Neighbourhood Policy countries, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or in similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;deleted

Amendment 371 #

Proposal for a regulation
Article 36 – paragraph 1 – point c

~~(c) third countries, other than those third countries covered in points (a) and (b).~~deleted

Amendment 372 #

Proposal for a regulation
Article 36 – paragraph 2

~~2. The Programme shall be open to the participation of international organisations in accordance with agreements concluded in accordance with Article 218 TFEU.~~deleted

Amendment 373 #

Proposal for a regulation
Article 36 – paragraph 3 – introductory part

3. The specific agreement referred to in paragraphs 1 ~~and 2~~ shall:

Amendment 374 #

Proposal for a regulation
Article 36 – paragraph 3 – point a

~~(a) ensure a fair balance as regards the contributions and benefits of the third country or international organisation participating in the Union programmes;~~deleted

Amendment 375 #

Proposal for a regulation
Article 36 – paragraph 3 – point c

~~(c) not confer on the third country or international organisation any decision- making power in respect of the Union programme;~~deleted

Amendment 376 #

Proposal for a regulation
Article 36 – paragraph 3 – point e

(e) be without prejudice to the obligations stemming from existing agreements entered into by the Union or the Member States, in particular with reference to the right of use of frequencies.

Amendment 377 #

Proposal for a regulation
Article 36 – paragraph 4

4. Without prejudice to the conditions laid down in paragraphs 1, 2 and 3, and in the interest of security, the Commission may, by means of implementing acts, establish additional requirements for the participation of third countries and international organisations in the Programme, to the extent compatible with the existing agreements referred to in paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).deleted

Amendment 378 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 37

Access to the governmental services by third countries and international Third countries and international organisations may have access to the governmental services provided that: (a) they conclude an agreement, in accordance with Article 218 TFEU, laying down the terms and conditions for access to governmental services; (b) they comply with Article 43(1) of Regulation (EU) 2021/696. For the purposes of this Regulation, the references to ‘the Programme’ in Article 43(1) of Regulation (EU) 2021/696 shall be construed as references to ‘the Programme’ established by this Regulation.rticle 37 deleted organisations

Amendment 379 #

Proposal for a regulation
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 380 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Article 39 – paragraph 1 a (new)

1 a. By [one year after the entry into force of this Regulation], the Commission shall inform the Parliament and Council on the main findings regarding the initial implementation, including the completion of definition activities, consolidation of user needs and implementation plans.

Amendment 381 #

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – introductory part

By [DATE 32 YEARS AFTER THE ENTRY INTO FORCE], and every ~~four~~two years thereafter, the Commission shall evaluate the implementation of the Programme. It shall assess:

Amendment 382 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 383 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)

(b a) the participation and leveraging of New Space, especially start-ups and SMEs, across the Union.

Amendment 384 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 385 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Article 39 – paragraph 3

3. The evaluation of the Programme shall take into consideration the results of the evaluation of the GOVSATCOM component of the Union Space Programme, carried out in accordance with Article 102 of Regulation (EU) 2021/696. If the Commission considers it appropriate, in view of the overall coherence of the Union space sector and in line with the Interinstitutional Agreement on Better Law-Making, the evaluation shall be accompanied by an appropriate proposal to integrate this Programme into the Union Space Programme.

Amendment 386 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 387 #

Proposal for a regulation
Article 45 a (new)

Article 45 a Evaluation and review By 28 June 2026, and every five years thereafter, the Commission shall evaluate the impact, effectiveness and efficiency of proposal, the possible need to modify the Union space programme to fully integrate Aemilia as a pillar of the Union Space programme.

Amendment 388 #

Proposal for a regulation
Article 46 – title

46 Continuity of services after 202730

Amendment 389 #

Proposal for a regulation
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 390 #

Proposal for a regulation
Article 46 – paragraph 1

If necessary, appropriations may be entered in the Union budget beyond 202730 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 391 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 1

Indicator 1: Member States governments and EU institutions, bodies, offices and agencies of the Union can access initial set of governmental services in 2025, with full capacity in 2027

Amendment 392 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 2

Indicator 2: ~~Service availability~~The system performance in term of coverage (over 99.5% availability), service availability (over 99.9%), bandwidth, and resilience to threats and potential attacks.

Amendment 393 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 2

Indicator 2: Service availability and reliability of infrastructure components of the secure connectivity system.

Amendment 394 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 4

Indicator 4: Annual number of major outages of the telecommunication networks in the Member States mitigated by the governmental services offered by the secure connectivity system

Amendment 395 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 4 a (new)

Indicator 4a: Annual number and severity of impact of cybersecurity incidents to the secure connectivity system

Amendment 396 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 5 a (new)

Indicator 6: Annual growth rate of users of governmental services in the Union

Amendment 397 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 5 a (new)

Measurement of the environmental impact of space launches.

Amendment 398 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 5 b (new)

Indicator 7: Rate of coverage of Programme participants and growth rate of third countries and international organisations participating in the Programme in accordance with Article 36

Amendment 399 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – subparagraph 5 c (new)

Indicator 8: Percentage of geographical availability of governmental services in Member States and remote and peripheral regions of the Union

Amendment 400 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 5 – introductory part

Specific objective 4: Incentivise the development of innovative and disruptive technologies, in particular by leveraging the New Space ~~industry~~ecosystem.

Amendment 401 #

Massimiliano SALINI, Cristian-Silviu BUŞOI, Maria da Graça CARVALHO, Pilar DEL CASTILLO VERA, Gheorghe FALCĂ, Marian-Jean MARINESCU, Christian EHLER, Ioan-Rareş BOGDAN

Proposal for a regulation
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

Amendment 402 #

Proposal for a regulation
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 and total value of the contracts allocated to them by their prime tenders

Amendment 403 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO

Proposal for a regulation
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 #

Ivo HRISTOV, Miapetra KUMPULA-NATRI, Eva KAILI, Adriana MALDONADO LÓPEZ, Carlos ZORRINHO, Josianne CUTAJAR

Proposal for a regulation
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 o~~utside o~~f the Union such as the Arctic, Africa, Black Sea and Atlantic- Mediterranean regions.

Amendment 406 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – subparagraph 1

Indicator 1: Speed, availability and reliability of the commercial satellite broadband

Amendment 407 #

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – subparagraph 1 a (new)

Specific objective 5b: Enhance the safety and sustainability of outer space activities by implementing appropriate measures to display and promote responsible behaviour in space when implementing the Programme, including by means of the sharing of real time localisation and identity information of the satellites and the prevention of the proliferation of space debris

Amendment 408 #

Christophe GRUDLER, Klemen GROŠELJ, Susana SOLÍS PÉREZ

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 6 – indent 1 (new)

- Indicator 1 (to Specific objective 5b): Greenhouse gas footprint of development, production and deployment of the Programme

Amendment 409 #