Explanatory Memorandum to COM(2009)139 - Amendment of Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes - Main contents
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| dossier | COM(2009)139 - Amendment of Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European ... |
|---|---|
| source | COM(2009)139  |
| date | 24-03-2009 |
Grounds for and objectives of the proposal To bring the provisions of Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes into line with those of Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo). In recital 17 of Regulation (EC) No 683/2008, the European Parliament and the Council also invited the Commission to ‘put forward a proposal in order to align formally the management structures of the programmes as set out in Regulation (EC) No 1321/2004 with the new roles of the Commission and the Authority’.
General background In order to reflect the fact that the Galileo Joint Undertaking would cease activities on 31 December 2006, Regulation (EC) No 1321/2004, amended by Council Regulation (EC) No 1942/2006 of 12 December 2006, established a Community agency, called the European GNSS (Global Navigation Satellite System) Supervisory Authority. The Authority’s original role and tasks were defined in order to meet the requirements of the system provided for at that time for the concession for the management and financing of the Galileo programme’s deployment and operational phases. This system was discontinued in 2007, and responsibility for the management and financing of the deployment phase of the programme will no longer lie with the private sector. Regulation (EC) No 683/2008, which entered into force on 25 July 2008, defines the new framework for the public governance and financing of the Galileo and EGNOS programmes. It sets out the principle of the strict division of responsibilities between the European Community, represented by the Commission, the Authority and the European Space Agency, granting the Commission responsibility for the management of the programmes and setting out precisely the tasks given at that time to the Authority. It also provides that the Authority will accomplish such tasks entrusted to it whilst respecting the Commission’s role as manager of the programmes and in accordance with guidelines issued by the Commission. Regulation (EC) No 683/2008 therefore implicitly and substantially amended Regulation (EC) No 1321/2004. For the three reasons given above, it is now important to bring certain provisions of Regulation (EC) No 1321/2004 into line with those of Regulation (EC) No 683/2008. Firstly, the current situation, characterised by the coexistence of two texts which contradict each other in places, is unsatisfactory from a legal point of view. The uncertainty and ambiguity created by this situation must be removed as soon as possible, so as to ensure the credibility of the programmes’ legal framework, particularly vis-à-vis third parties. Secondly, a solid framework for security is urgently required. Regulation (EC) No 683/2008 stipulates that the Commission is to manage all questions relating to the security of the systems, but also makes the Supervisory Authority responsible for ensuring security accreditation. The precise role of the Authority in this regard therefore needs to be quickly clarified. Thirdly, there is a need to ensure good governance for these programmes. Although Regulation (EC) No 683/2008 implicitly and comprehensively amended the Supervisory Authority’s responsibilities, it had no impact on its internal organisation, and the Commission’s influence in this area continues to be very limited. In order to ensure that the Authority acts while respecting the ‘Commission’s role as manager of the programmes’ and ‘in accordance with guidelines issued by the Commission’, as is now provided for by Regulation (EC) No 683/2008, it is necessary to make changes to increase the Commission’s influence within the Authority’s internal organisation. This approach also reflects the new policy defined by the Commission with regard to Community agencies.
Existing provisions in the area of the proposal Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes, amended by Council Regulation (EC) No 1942/2006 of 12 December 2006. Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo). The aim of the proposal is to amend the first of these two regulations.
Consistency with the other policies and objectives of the Union The Galileo and EGNOS programmes fall entirely within the framework of the ‘Lisbon Strategy’.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of stakeholders
The consultation of stakeholders does not apply in this case, since the proposal involves bringing an existing text into line with another one, adopted more recently.
Collection and use of expertise
It has not been necessary to call in outside expertise.
Impact assessment The only logical option is to bring the text of Regulation (EC) No 1321/2004 into line with the provisions of Regulation (EC) No 638/2008, which came into force on 25 July 2008. The other option would be to leave the text of Regulation (EC) No 1321/2004 unchanged, which would not be satisfactory from a legal point of view, would cause major security problems and would not ensure the good governance of these programmes.
Summary of the proposed action Amendment to Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes.
Legal basis Article 156 of the Treaty.
Subsidiarity principle The proposal concerns an area that falls under exclusive Community competence. The subsidiary principle therefore does not apply.
Proportionality principle The proposal complies with the proportionality principle for the following reasons.
The action proposed is proportional to its desired objective in so far as, firstly, only a regulation may amend a previous regulation, and secondly, the measures proposed solely involve amending the text in the light of the legal situation resulting from the entry into force of Regulation (EC) No 683/2008.
The financial and administrative work resulting from the proposal are insignificant, given that the financial and administrative questions relating to the Galileo and EGNOS programmes have already been discussed in Regulation (EC) No 683/2008.
Choice of instruments
Proposed instrument(s): Regulation.
Other instruments would not have been appropriate for the following reasons. Under the principle of congruent forms, only a regulation may amend a previous regulation.
The proposal has no implication for the Community budget.
ADDITIONAL INFORMATION
Simplification
The proposal simplifies the legislative framework.
The measures proposed help avoid any risk of confusion or ambiguity in legal terms between two successive texts which contradict each other in part. They are therefore designed to rationalise the Community acquis.
Repeal of existing legislation The adoption of this proposal will mean that some legislative provisions must be repealed.
European Economic Area This draft instrument concerns a matter covered by the EEA Agreement and should therefore be extended to the European Economic Area.
Detailed explanation of the proposal by chapter or by article To amend the aim and objective, tasks and name of the Community agency established under Regulation (EC) No 1321/2004, so as to amend them to reflect the provisions of Regulation (EC) No 683/2008. To increase the role and the powers of the Commission within this agency in order to ensure that, in accordance with the provisions of Regulation (EC) No 683/2008, the agency performs its task whilst respecting the Commission's role as manager and in accordance with the guidelines provided by the Commission. To set up a framework within which the agency assumes the responsibility for providing security accreditations, which it has been entrusted with, and to this end, to set up, within the agency, a committee for European GNSS systems’ security accreditations. To remove the provisions of Regulation (EC) No 1321/2004 on the ownership of systems, once the European Community becomes owner of these systems in accordance with the provisions of Regulation (EC) No 683/2008.