Legal provisions of SEC(2004)640 - Signature and provisional application of the Agreement on the Promotion, Provision and Use of GALILEO and GPS Satellite-based Navigation Systems and Related Applications

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dossier SEC(2004)640 - Signature and provisional application of the Agreement on the Promotion, Provision and Use of GALILEO and GPS ...
document SEC(2004)640 EN
date May 19, 2004
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52004SC0640

Proposal for a Decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the signature and provisional application of the Agreement on the Promotion, Provision and Use of GALILEO and GPS Satellite-based Navigation Systems and Related Applications /* SEC/2004/0640 final */


Proposal for a DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL on the signature and provisional application of the Agreement on the Promotion, Provision and Use of GALILEO and GPS Satellite-based Navigation Systems and Related Applications


(presented by the Commission)


EXPLANATORY MEMORANDUM

In January 1998, the Commission presented a Communication entitled 'Towards a Trans-European Positioning and Navigation Network, including a European Strategy for Global Navigation Satellite Systems (GNSS) '. This set out a strategy for developing an integrated network of navigation aids, making best use of satellite navigation to achieve an optimal service for the whole of Europe, including the northernmost latitudes, at an acceptable price.

COM(1998) 29 final of 21 January 1998.

On 10 February 1999, the Commission adopted a Communication entitled 'GALILEO - involving Europe in a new generation of Satellite Navigation Services .' This sets out a strategy for developing GALILEO, a global European component of GNSS-2 in four phases; definition, development and validation, deployment and operational phase. GALILEO will be independent but fully interoperable with the US GPS system and open to cooperation with other third countries.

COM(1999) 54 final of 10 February 1999.

On 19 July 1999, the Council adopted a Resolution welcoming the Commission Communication and inviting the Commission to explore possibilities for cooperation.

On 30 September 1999, on the basis of a Commission proposal of 14 July 1999, the Council adopted negotiation directives authorising the Commission to open negotiations with the United States of America with a view to establishing an Agreement concerning the development of a civil Global Navigation Satellite System (GNSS).

On 5 April 2001, the Council adopted a Resolution in which it encourages the continuation, under its political control, of the contacts with non-member States that are interested in contributing to the development of GALILEO. Furthermore it called for active preparations to be made for WRC-2003 in order to consolidate the achievements of WRC 2000 by establishing the appropriate common approach for the GALILEO spectrum.

Council Resolution on GALILEO, OJ C 157, 30 May 2001.

Proposed decision

The Commission recommends to the Council, on the basis of Articles 133 and 170, in conjunction with the first sentence of the first subparagraph of Article 300 (2) of the Treaty establishing the European Community, to authorise the signature and provisional application of the Agreement between the European Community and its Member States and the United States on the promotion, provision and use of Galileo and GPS satellite-based navigation systems and related applications.


Proposal for a Decision of the Council and the Representatives of the Governments of the Member States of the European Union, meeting within the Council on the signature and provisional application of the Agreement on the Promotion, Provision and Use of GALILEO and GPS Satellite-based Navigation Systems and Related Applications


THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 170, in conjunction with the first sentence of the first subparagraph of Article 300 (2) thereof,

Whereas:

(1) The Commission has negotiated an Agreement with the United States of America on cooperation of the Galileo and GPS satellite-based navigations systems.

(2) These negotiations have been concluded and the Agreement was initialled on 11 May 2004.

(3) Pursuant to Article 20 paragraph 3 of the Agreement it should be provisionally applied by the Parties pending its entry into force.

(4) The Agreement should be signed on behalf of the Community and accompanied by a decision on provisional application,

HAVE DECIDED AS FOLLOWS:

Contents

Article 1

(1) Subject to its subsequent conclusion, the signature of the Agreement on the Promotion, Provision and Use of GALILEO and GPS Satellite-based Navigation Systems and Related Applications between the European Community and its Member States, of the one part, and the United States of America, of the other part, is hereby approved on behalf of the Community.

(2) The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community.

Article 2

(1) The Agreement shall be applied on a provisional basis pending its entry into force. The provisional application begins on the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose. This date will be published in the Official Journal of the European Union.

(2) The text of the Agreement is attached to this Decision.

Article 3

(1) The Community and the Member States shall be represented in the working groups established under Article 13 of the Agreement by representatives of the Commission and the Member States, as appropriate.

(2) The information referred to under Article 19 paragraph 2 of the Agreement shall be provided jointly by the European Community and the Member States. The Commission shall present the information on behalf of the European Community and the Member States.

(3) The position to be taken by the Community under paragraph 6 of the Annex of the Agreement shall be adopted by the Council, on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty.

This Decision is addressed to the Member States.