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19.11.2013 Official
Journal
of
the
European
Union
L
309/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) No 1159/2013
of 12 July 2013
supplementing Regulation (EU) No 911/2010 of the European Parliament and of the Council on the
European Earth monitoring programme (GMES) by establishing registration and licensing conditions
for GMES users and defining criteria for restricting access to GMES dedicated data and GMES
service information
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
ments ( 4 ) adopted in the context of the Commission
Communication of 26 August 2010 entitled ‘A Digital
Agenda for Europe’ ( 5 ).
Having regard to the Treaty on the Functioning of the European
Union,
(3) Registration
and
licensing
conditions
for
GMES
users
should be established and criteria for restricting access
to GMES dedicated data and GMES service information
Having regard to Regulation (EU) No 911/2010 of the
should be defined. The access conditions of other data
European Parliament and of the Council of 22 September
and information used as inputs to GMES services should
2010 on the European Earth monitoring programme (GMES)
be defined by their providers.
and its initial operations (2011 to 2013) ( 1 ), and in particular
Article 9(2) thereof,
(4) The
Commission,
in
its
Communication
of
28
October
2009 entitled ‘Global Monitoring for Environment and
Security (GMES): Challenges and Next Steps for the Space
Whereas:
Component’ ( 6 ), indicated its intention to pursue the
implementation of a free and open access policy for
the Sentinels.
(1) GMES
data
and
information
policy
should
be
consistent
with other relevant Union policies, instruments and
(5) Access
to
Sentinel
data
should
be
free,
full
and
open,
in
actions. In particular, it should be compliant with the
line with the Joint Principles for a Sentinel Data Policy ( 7 )
requirements of Directive 2007/2/EC of the European
adopted by the Programme Board for Earth Observation
Parliament and of the Council of 14 March 2007 estab
(PB-EO) of the European Space Agency.
lishing an Infrastructure for Spatial Information in the
European Community (INSPIRE) ( 2 ). This policy should
respect the rights and principles recognized in the
(6) Third countries or international organisations
Charter of Fundamental Rights of the EU, in particular
contributing to the operations of GMES under Article 7
the right for private life, the protection of personal data,
of Regulation (EU) No 911/2010 should have access to
the right to intellectual property, the freedom of arts and
GMES dedicated data and GMES service information
science and the freedom to conduct business.
under the same conditions which apply to Member
States.
(2) GMES
data
and
information
policy
should
strongly (7) As
indicated
in
recital
28
of
Regulation
(EU)
No
contribute to the open data policy promoted by the
911/2010, GMES should be considered as a European
Union, initiated by Directive 2003/98/EC of the
contribution to building the Global Earth Observation
European Parliament and of the Council of 17 November
System of Systems (GEOSS). Therefore, the GMES open
2003 on the re-use of public sector information ( 3 ) and
dissemination should be fully compatible with GEOSS
reinforced by Commission Decision 2011/833/EU of
data sharing principles.
12 December 2011 on the reuse of Commission docu
( 4 ) OJ L 330, 14.12.2011, p. 39.
( 1 ) OJ L 276, 20.10.2010, p. 1.
( 5 ) COM(2010) 245 final/2 of 26 August 2010.
( 2 ) OJ L 108, 25.4.2007, p. 1.
( 6 ) COM(2009) 589 final.
( 3 ) OJ L 345, 31.12.2003, p. 90.
( 7 ) ESA/PB-EO(2009)98, rev. 1.

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L 309/2
EN
Official Journal of the European Union
19.11.2013
(8) To
serve
the
objectives
of
GMES
data
and
information
critical infrastructure, as defined under Article 2(a) of
policy stated in Article 9 of Regulation (EU) No
Council Directive 2008/114/EC of 8 December 2008
911/2010, users should be provided with the necessary
on the identification and designation of European
authorisation to use GMES dedicated data and GMES
critical infrastructures and the assessment of the need
service information to the fullest extent possible. Users
to improve their protection ( 1 ), should be taken into
should also be allowed to re-distribute GMES dedicated
account as an important sensitivity criterion.
data and GMES service information, with or without
modifications.
(9) GMES dedicated data and GMES service information
(15) Where
necessary, Member States should be able to
should be free of charge for the users to capitalise on
request that restrictions be applied to the provision of
the social benefits arising from an increased use of GMES
specific GMES dedicated data and GMES service
dedicated data and GMES service information.
information. In examining such requests, or under its
own initiative, the Commission should ensure an
efficient and effective response to protect the security
interests of the Union or the Member States, while
striving for the least possible interruption of data and
(10) The
GMES
open
dissemination
policy
may
be
reviewed
information flows to users.
and where necessary adapted, taking into consideration
the needs of users, the needs of the Earth observation
industry and technological developments.
(16) GMES
dissemination
platforms
may
face
technical
limi
(11) In the interest of a wide distribution of GMES data and
tations which could make it impossible for them to
information, it is appropriate not to provide for any
honour all the requests for data or information. In
express or implied warranty, including as regards
such exceptional circumstances, the technical accessibility
quality and suitability for any purpose.
of GMES dedicated data and GMES service information
should be reserved to users from countries and inter
national organisations contributing to the operations of
GMES activities to ensure service continuity. Where
appropriate, the benefit of the reservation of services
(12) The
Commission
should
apply
restrictions
on
the
GMES
should be made conditional upon some form of regis
open dissemination, where the free, full and open access
tration. Such reservation should not prevent those users
to some GMES dedicated data and GMES service
who have obtained data or information benefiting from
information would affect the rights and principles
the reservation from exercising the rights granted under
enshrined in the Charter of Fundamental Rights of the
this Regulation, including the right to re-distribute such
EU such as the right for private life privacy, the
data or information.
protection of personal data or intellectual property
rights on data used as inputs in the production process
of GMES services,.
(17) Four
levels
of
registration
of
users
should
be
provided
as
(13) Where
necessary,
restrictions
should
protect
the
security
regards the access to GMES dedicated data and GMES
interests of the Union, as well as the national security
service information. First, in the interest of a wide use
interests of the Member States. As far as national security
of GMES dedicated data and GMES service information,
interests are concerned, such restrictions should respect
discovery and view services within the meaning of
the obligations of Member States that have adhered to a
Article 11(1)(a) and (b) of Directive 2007/2/EC should
common defence organisation under international
be provided without registration. Secondly, it should be
treaties. The assessment of the sensitivity criteria for
possible to require a light form of registration as regards
restricting the dissemination of GMES dedicated data
download services within the meaning of Article 11(1)(c)
and GMES service information should ensure the ex-
of Directive 2007/2/EC. The registration process should
ante clearance of security issues allowing for the uninter
not deter users from accessing the data and information,
rupted delivery of GMES dedicated data and GMES
but it should be possible to use it to collect user stat
service information.
istics. Thirdly, an intermediate level of registration should
allow the implementation of the reservation of access to
certain groups of users. Fourthly, a strict registration
procedure should be used to address the need to
restrict access for security reasons requiring the
(14) The sensitivity criteria should capture the different
unequivocal identification of the user,
parameters which are likely to constitute a risk for the
security of the Union or its Member States. The threats to
( 1 ) OJ L 345, 23.12.2008, p. 75.

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EN
19.11.2013 Official
Journal
of
the
European
Union
L
309/3
HAS ADOPTED THIS REGULATION:
Article 4
Financial conditions
CHAPTER 1
Free access shall be given to GMES dedicated data and GMES
GENERAL PROVISIONS
service information made available through GMES dissemi
Article 1
nation platforms under pre-defined technical conditions
referred to in Article 5(1).
Subject matter
This Regulation establishes
Article 5
Conditions regarding characteristics, format and
(a) conditions for full and open access to information produced
dissemination media
by the GMES services and of data collected through the
GMES dedicated infrastructure;
1. For each type of GMES dedicated data and GMES service
information, the providers of these data and information shall
define at least one set of characteristics, format and dissemi
(b) criteria for restricting access to that information and data;
nation media under the supervision of the Commission and
shall communicate that definition on GMES dissemination plat
(c) conditions for registration of GMES users.
forms.
Article 2
2. GMES dedicated data and GMES service information shall
comply with the requirements of Directive 2007/2/EC to the
Definitions
extent that the data and information fall within the scope of
those provisions.
For the purpose of this Regulation, the following definitions
shall apply:
Article 6
(a) ‘GMES services’ means the service component referred to in
Conditions regarding GMES dissemination platforms
Article 2(2)(a) of Regulation (EU) No 911/2010;
GMES dedicated data and GMES service information shall be
disseminated to users through GMES dissemination platforms
(b) ‘GMES service information’ means information and its
provided by, or under the supervision of, the Commission.
metadata produced by GMES services;
Article 7
(c) ‘GMES dedicated data’ means data collected through the
GMES dedicated infrastructure and their metadata;
Conditions regarding use
1. Access to GMES dedicated data and GMES service
(d) ‘metadata’ means structured information on data or
information shall be given for the purpose of the following
information allowing their discovery, inventory and use;
use in so far as it is lawful:
(e) ‘GMES dissemination platform’ means technical systems
(a) reproduction;
used to disseminate GMES dedicated data and GMES
service information to users;
(b) distribution;
(f) ‘discovery services’, means discovery services as defined in
(c) communication to the public;
point 1.(a) of Article 11 of Directive 2007/2/EC;
(d) adaptation, modification and combination with other data
(g) ‘view services’ means view services as defined in point 1.(b)
and information;
of Article 11 of Directive 2007/2/EC;
(e) any combination of points (a) to (d).
(h) ‘download services’ means ‘download services’ as defined in
point 1.(c) of Article 11 of Directive 2007/2/EC.
2. GMES dedicated data and GMES service information may
be used worldwide without limitations in time.
CHAPTER 2
Article 8
OPEN DISSEMINATION OF GMES DEDICATED DATA AND
GMES SERVICE INFORMATION – LICENSING CONDITIONS
Conditions regarding information to be given by users
Article 3
1. When
distributing
or
communicating
GMES
dedicated
data and GMES service information to the public, users shall
The open dissemination principles
inform the public of the source of that data and information.
Users shall have free, full and open access to GMES dedicated
data and GMES service information under the conditions laid
2. Users
shall
make
sure
not
to
convey
the
impression
to
the
down in Articles 4 to 10, subject to the restrictions laid down
public that the user’s activities are officially endorsed by the
in Articles 11 to 16.
Union.

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L 309/4
EN
Official Journal of the European Union
19.11.2013
3. Where
that
data
or
information
has
been
adapted
or (a) the technical characteristics of the data, including spatial
modified, the user shall clearly state this.
resolution and spectral bands;
Article 9
(b) the time between acquisition and dissemination of the data;
Absence of warranty
GMES dedicated data and GMES service information are
(c) the existence of armed conflicts, threats to international or
provided to users without any express or implied warranty,
regional peace and security, or to critical infrastructures
including as regards quality and suitability for any purpose.
within the meaning of point (a) of Article 2 of Directive
2008/114/EC in the area the GMES dedicated data relate to;
Article 10
Conditions in the event of restrictions to the open
(d) the existence of security vulnerabilities or the likely use of
dissemination
GMES dedicated data for tactical or operational activities
harming the security interests of the Union, its Member
Where the Commission restricts access to GMES dedicated data
States or international partners.
and GMES service information to certain users in accordance
with Article 12, those users shall register under a procedure
allowing their unequivocal identification before they are
2. Where
GMES
dedicated
data
are
produced
by
a
space-
allowed access.
based observation system which does not meet any of the char
acteristics listed in the Annex, the GMES dedicated data are
presumed not to be sensitive.
CHAPTER 3
RESTRICTIONS
Article 14
Article 11
Sensitivity criteria for GMES service information
Conflicting rights
The Commission shall assess the sensitivity of GMES service
Where the open dissemination of certain GMES dedicated data
information using the following criteria:
or GMES service information conflicts with international
agreements or the protection of intellectual property rights
attached to data and information used as inputs in the
(a) the sensitivity of inputs used in the production of GMES
production processes of GMES service information, or would
service information;
affect in a disproportionate manner the rights and principles
recognized in the Charter of Fundamental Rights of the EU,
such as the right for private life or the protection of personal
data, the Commission shall take the necessary measures
(b) the time between acquisition of inputs and dissemination of
pursuant to Article 13(1) of Regulation (EU) No 911/2010 to
the GMES service information;
avoid any such conflict or to restrict the dissemination of the
GMES dedicated data or GMES service information in question.
(c) the existence of armed conflicts, threats to international or
regional peace and security, or to critical infrastructures
Article 12
within the meaning of point (a) of Article 2 of Directive
2008/114/EC in the area the GMES service information
Protection of security interests
relates to;
1. Where the open dissemination of GMES dedicated data
and GMES service information presents an unacceptable
degree of risk to the security interests of the Union or its
(d) the existence of security vulnerabilities or the likely use of
Member States due to the sensitivity of the data and
GMES service information for tactical or operational
information, the Commission shall restrict their dissemination
activities harming the security interests of the Union, its
pursuant to Article 13(1) of Regulation (EU) No 911/2010.
Member States or international partners.
2. The Commission shall assess the sensitivity of the GMES
Article 15
dedicated data and GMES service information using the sensi
tivity criteria set out in Articles 13 to 16.
Request for reassessment of sensitivity
Where the conditions under which the assessment made
according to Article 13 or 14 have changed, the Commission
Article 13
may reassess the sensitivity of GMES dedicated data or GMES
Sensitivity criteria for GMES dedicated data
service information on its own initiative or at the request of a
Member State with a view to restricting, suspending or allowing
1. Where
GMES
dedicated
data
are
produced
by
a
space- the acquisition of GMES dedicated data or the dissemination of
based observation system meeting at least one of the character
GMES service information. Where a Member State has
istics listed in the Annex, the Commission shall assess the data
submitted a request, the Commission shall have regard to the
sensitivity on the basis of the following criteria:
limits of the restriction in time and scope requested.

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EN
19.11.2013 Official
Journal
of
the
European
Union
L
309/5
Article 16
(c) international organisations contributing to the operations of
GMES.
Balance of interests
1. In the assessment of the sensitivity of the GMES dedicated
2. The
users
for
whom
access
is
reserved
in
accordance
with
data and GMES service information in accordance with
paragraph 1 shall register in order to gain access, providing
Article 12, security interests shall be balanced against the
their identity, contact information, area of activity and
interests of users and the environmental, societal and
country of establishment.
economic benefits of the collection, production and open
dissemination of the data and information in question.
Article 18
Registration
2. The
Commission
shall
consider,
when
making
its
security 1. To access download services, users shall register online on
assessment, whether restrictions will be effective if similar data
the GMES dissemination platforms. Registration shall be free of
are in any event available from other sources.
charge. Users shall be required to register only once and shall be
accepted automatically. The registration process shall require the
CHAPTER 4
following:
RESERVATION OF ACCESS AND REGISTRATION
(a) the creation by the user of a user account and password;
Article 17
(b) statistical information limited to no more than 10 items to
Reservation of access
be given by the user.
1. Where
the
requests for access exceed the capacity of the GMES
2. No
registration
shall
be
required
for
discovery
services
and
dissemination platforms, access to GMES resources may be
view services.
reserved to any of the following users:
CHAPTER 5
(a) the public services, industry, research organisations and
FINAL PROVISIONS
citizens in the Union;
Article 19
(b) the public services, industry, research organisations and
This Regulation shall enter into force on the twentieth day
citizens in third countries contributing to the operations
following that of its publication in the Official Journal of the
of GMES;
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 July 2013.
For the Commission
The President
José Manuel BARROSO

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L 309/6
EN
Official Journal of the European Union
19.11.2013
ANNEX
Characteristics of space-based observation system as referred to in Article 13
(a) The system is technically capable of generating data of a geometric resolution of 2,5 metres or less in at least one
horizontal direction.
(b) The system is technically capable of generating data of a geometric resolution of 5 metres or less in at least one
horizontal direction in the 8–12 microns spectral range (thermal infrared).
(c) The system is technically capable of generating data of a geometrical resolution of 3 metres or less in at least one
horizontal direction in the spectral range from 1 millimetre to 1 metre (microwave).
(d) The system has more than 49 spectral channels and is technically capable of generating data of a geometric resolution
of 10 metres or less in at least one horizontal direction in at least one spectral channel.

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Document Outline

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