欧洲议会和理事会决定No 1104/2011/EU,关于根据伽利略计划成立的全球导航卫星系统所提供的公众监管服务访问规则

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011D1104

OJ编号:OJ L 287, 4.11.2011, p. 1-8

中文标题:欧洲议会和理事会决定No 1104/2011/EU,关于根据伽利略计划成立的全球导航卫星系统所提供的公众监管服务访问规则

原文标题:Decision No 1104/2011/EU of the European Parliament and of the Council of 25 October 2011 on the rules for access to the public regulated service provided by the global navigation satellite system established under the Galileo programme

分类:13.20.60_信息技术、远程通信和数据处理

文件类型:二级立法 Decision|决定

生效日期:2011-11-05

废止日期:2058-12-31

法规全文:查看欧盟官方文件

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4.11.2011 Official
Journal
of
the
European
Union L
287/1
I
(Legislative acts)
DECISIONS
DECISION No 1104/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
on the rules for access to the public regulated service provided by the global navigation satellite
system established under the Galileo programme
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
between the system established under the Galileo
EUROPEAN UNION,
programme and the PRS from a legal, technical, oper
ational, financial and ownership perspective, it is appro
priate to reproduce the relevant rules on the application
Having regard to the Treaty on the Functioning of the European
of security regulations for the purpose of this Decision.
Union, and in particular Article 172 thereof,
Having regard to the proposal from the European Commission,
(3)
The European Parliament and the Council have recalled
on several occasions that the system established under
After transmission of the draft legislative act to the national
the Galileo programme is a civilian system under civilian
parliaments,
control, that is, it was created in accordance with civilian
standards based on civilian requirements and under the
control of the Union institutions.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) The
Galileo
programme
is
of
strategic
importance
for
the
After consulting the Committee of the Regions,
independence of the Union in terms of satellite navi
gation, positioning and timing services and offers an
important contribution to the implementation of the
Acting in accordance with the ordinary legislative procedure ( 2 ),
'Europe 2020' strategy for smart, sustainable and
inclusive growth.
Whereas:
(1) Regulation
(EC)
No
683/2008
of
the
European (5)
Of the various services offered by European satellite navi
Parliament and of the Council of 9 July 2008 on the
gation systems, the PRS is both the most secure and the
further implementation of the European satellite navi
most sensitive and is therefore suitable for services where
gation programmes (EGNOS and Galileo) (
robustness and complete reliability must be ensured. It

3 ) provides in
the Annex thereto that the specific objectives of the
must ensure service continuity for its participants, even
Galileo programme are to ensure that the signals
in the most serious crisis situations. The consequences of
emitted by the system established under that
infringing the security rules when using this service are
programme can be used in particular to offer a public
not restricted to the user concerned, but could potentially
regulated service ('PRS') restricted to government-auth
extend to other users. Use and management of the PRS is
orised users, for sensitive applications which require
therefore the joint responsibility of Member States in
effective access control and a high level of service
order to protect the security of the Union and their
continuity.
own security. Consequently, access to the PRS must be

strictly limited to certain categories of user which are
subject to continuous monitoring.
(2) While
relevant
provisions
of
Regulation
(EC)
No
683/2008 also apply to the services, including the PRS,
listed in the Annex thereto, considering the inter-linkage
(6)
It is therefore necessary to define the rules for access to
the PRS and the rules for managing it, in particular by
( 1 ) OJ C 54, 19.2.2011, p. 36.
specifying the general principles relating to access, the
( 2 ) Position of the European Parliament of 13 September 2011 (not yet
functions of the various management and supervisory
published in the Official Journal) and decision of the Council of
10 October 2011.
bodies, the conditions relating to receiver manufacturing
( 3 ) OJ L 196, 24.7.2008, p. 1.
and security, and the export monitoring system.

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Official Journal of the European Union
4.11.2011
(7)
With regard to the general principles of access to the
PRS from being used by non-authorised natural or legal
PRS, given the actual purpose of the service and its char
persons, and to prevent any hostile use of the PRS
acteristics, its use must be strictly limited, with Member
against them.
States, the Council, the Commission and the European
External Action Service ('EEAS') being granted discre
tionary, unlimited and uninterrupted access worldwide.
Furthermore, each Member State must be in a position
(12) It
is
important
in
this
connection
that
Member
States
to take its own sovereign decision on which PRS users to
determine the system of penalties applicable in the
authorise and which uses may be made of the PRS,
event of non-compliance with the obligations stemming
including uses relating to security, in accordance with
from this Decision, and that they ensure that those
the common minimum standards.
penalties are applied. The penalties must be effective,
proportionate and dissuasive.
(8) In
order
to
promote
the
use
of
European
technology
worldwide, it should be possible for certain third
(13) In the case of management and supervisory bodies, the
countries and international organisations to become
arrangement whereby PRS participants designate a
PRS participants through separate agreements concluded
'competent PRS authority' responsible for managing
with them. For secure government satellite radio-navi
and supervising users would appear to be the best way
gation applications, the terms and conditions under
of effectively managing PRS use, by facilitating relations
which third countries and international organisations
between the various stakeholders responsible for security
may use the PRS should be laid down in international
and ensuring permanent supervision of users, in
agreements, it being understood that compliance with
particular national users, in compliance with the
security requirements should always be compulsory. In
common minimum standards. However, there should
the context of such agreements, it should be possible to
be flexibility in order to allow Member States to
allow the manufacturing of PRS receivers under specific
organise the responsibilities efficiently.
conditions and requirements, provided that these are of a
level that is at least equivalent to the conditions and
requirements applying to Member States. However,
such agreements should not include particularly
(14) In
the
implementation
of
this
Decision,
any
processing
of
security-sensitive matters such as the manufacturing of
personal data should be carried out in accordance with
security modules.
Union law, as set out, in particular, in Directive 95/46/EC
of the European Parliament and of the Council of
24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free
movement of such data ( 3 ) and Directive 2002/58/EC of
(9) Agreements
with
third
countries
or
international
organi
the European Parliament and of the Council of 12 July
sations should be negotiated taking full account of the
2002 concerning the processing of personal data and the
importance of ensuring respect for democracy, the rule
protection of privacy in the electronic communications
of law, the universality and indivisibility of human rights
sector (Directive on privacy and electronic communi
and fundamental freedoms, and freedom of thought,
cations) ( 4 ).
conscience and religion, as well as freedom of expression
and information, human dignity, the principles of
equality and solidarity, and respect for the principles of
the United Nations Charter and international law.
(15) Furthermore, one of the tasks of the Galileo Security
Centre (the 'Galileo Security Monitoring Centre' or the
'GSMC') referred to in Article 16(a)(ii) of Regulation (EC)
No 683/2008 should be to provide an operational
(10) The
security
regulations
of
the
European
Space
Agency
interface between the various stakeholders responsible
should offer a degree of protection at least equivalent to
for the security of the PRS.
that provided by the rules on security set out in the
Annex to Commission Decision 2001/844/EC, ECSC,
Euratom ( 1 ) and by Council Decision 2011/292/EU of
31 March 2011 on the security rules for protecting EU
(16) The Council and the High Representative of the Union
classified information (
for Foreign Affairs and Security Policy should play a role

2 ).
in managing the PRS, through the application of Council
Joint Action 2004/552/CFSP of 12 July 2004 on aspects
of the operation of the European satellite radio-navi
gation system affecting the security of the European
(11) The
Union
and
the
Member
States
must
do
their
utmost
Union ( 5 ). The Council should approve international
to ensure that both the system established under the
agreements authorising a third country or an inter
Galileo programme and PRS technology and equipment
national organisation to use the PRS.
are safe and secure, to prevent signals emitted for the
( 3 ) OJ L 281, 23.11.1995, p. 31.
( 1 ) OJ L 317, 3.12.2001, p. 1.
( 4 ) OJ L 201, 31.7.2002, p. 37.
( 2 ) OJ L 141, 27.5.2011, p. 17.
( 5 ) OJ L 246, 20.7.2004, p. 30.

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Union L
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(17) With
regard to receiver manufacturing and security,
collectively, it is essential that common rules concerning
security requirements make it necessary for this task to
access to the PRS and manufacturing PRS receivers and
be entrusted only to a Member State which has
security modules be applied uniformly in each Member
designated a competent PRS authority or to undertakings
State. It is therefore necessary that the Commission be
established on the territory of a Member State which has
empowered to adopt detailed requirements, guidelines
designated a competent PRS authority. Furthermore, the
and other measures in order to give effect to the
receiver manufacturer must have been duly authorised by
common minimum standards. In order to ensure
the Security Accreditation Board for European GNSS
uniform conditions for the implementation of this
systems established by Regulation (EU) No 912/2010
Decision, implementing powers should be conferred on
of the European Parliament and of the Council ( 1 ) (the
the Commission. Those powers should be exercised in
'Security Accreditation Board') and must comply with its
accordance with Regulation (EU) No 182/2011 of the
decisions. It is the responsibility of the competent PRS
European Parliament and of the Council of 16 February
authorities to continuously monitor compliance both
2011 laying down the rules and general principles
with that authorisation requirement and those decisions
concerning mechanisms for control by Member States
and with specific technical requirements stemming from
of the Commission's exercise of implementing powers ( 3 ).
the common minimum standards.
(22) The audits and inspections to be carried out by the
(18) A
Member
State
which
has
not
designated
a
competent
Commission with the assistance of the Member States
PRS authority should in any event designate a point of
should, as appropriate, be carried out in a manner
contact for the management of any detected harmful
similar to that provided for in Part VII of Annex III to
electromagnetic interference affecting the PRS. That
Decision 2011/292/EU.
point of contact should be a natural or legal person
that has the role of reporting point, or an address,
which the Commission can contact in the event of
(23) Rules for access to the PRS offered by the system estab
potentially harmful electromagnetic interference in
lished under the Galileo programme are a prerequisite for
order to remedy such interference.
the implementation of the PRS. The Commission should
analyse whether a charging policy for the PRS should be
put in place, including with regard to third countries and
(19) With
regard
to
export
restrictions,
exports
outside
the
Union of equipment or technology and software
international organisations, and report to the European
relating to PRS use and relating to the development of
Parliament and the Council on the outcome of that
and manufacturing for the PRS, regardless of whether
analysis.
that equipment, software or technology is listed in
Annex I to Council Regulation (EC) No 428/2009 of
(24) Since
the
objective
of
this
Decision
—
namely,
to
lay
5 May 2009 setting up a Community regime for the
down the rules under which the Member States, the
control of exports, transfer, brokering and transit of
Council, the Commission, the EEAS, Union agencies,
dual-use items ( 2 ), must be restricted to those third
third countries and international organisations may
countries which are duly authorised to access the PRS
access the PRS — cannot be sufficiently achieved by
under an international agreement with the Union. A
the Member States and can therefore, by reason of the
third country on whose territory a reference station
scale of the proposed action, be better achieved at the
housing PRS equipment and forming part of the
level of the Union, the Union may adopt measures in
system established under the Galileo programme is
accordance with the principle of subsidiarity as set out in
installed is not to be considered to be a PRS participant
Article 5 of the Treaty on European Union. In
merely by virtue of that fact.
accordance with the principle of proportionality as set
out in that Article, this Decision does not go beyond
(20) The
power
to
adopt
acts
in
accordance
with
Article
290
what is necessary in order to achieve that objective.
of the Treaty on the Functioning of the European Union
should be delegated to the Commission in respect of the
common minimum standards in the areas set out in the
(25) As soon as the PRS is declared operational, a reporting
Annex and, if necessary, to update and amend it in order
and review mechanism should be set in place,
to take into account the developments in the Galileo
programme. It is of particular importance that the
HAVE ADOPTED THIS DECISION:
Commission carry out appropriate consultations during
its preparatory work, including at expert level. The
Commission, when preparing and drawing-up delegated
Article 1
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
Subject matter
European Parliament and to the Council.
This Decision lays down the rules under which the Member
States, the Council, the Commission, the EEAS, Union
(21) In
the
light
of
their
potential
impact
on
the
security
of
agencies, third countries and international organisations may
the system established under the Galileo programme, the
access the public regulated service (PRS) provided by the
Union and its Member States, both individually and
global navigation satellite system established under the Galileo
programme.
( 1 ) OJ L 276, 20.10.2010, p. 11.
( 2 ) OJ L 134, 29.5.2009, p. 1.
( 3 ) OJ L 55, 28.2.2011, p. 13.

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Official Journal of the European Union
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Article 2
Article 4
Definitions
Application of security regulations
For the purposes of this Decision, the following definitions shall
1. Each
Member
State
shall
ensure
that
its
national
security
apply:
regulations offer a degree of protection of classified information
at least equivalent to that provided by the rules on security as
set out in the Annex to Decision 2001/844/EC, ECSC, Euratom
(a) 'PRS participants' means the Member States, the Council, the
and by Decision 2011/292/EU and that those national security
Commission and the EEAS, as well as Union agencies, third
regulations apply to its PRS users and to all natural persons
countries and international organisations, in so far as such
resident on its territory and all legal persons established on its
agencies, third countries and organisations have been duly
territory which handle EU classified information relating to the
authorised;
PRS.
(b) 'PRS users' means natural or legal persons duly authorised
2. Member
States
shall
inform
the
Commission
without
by a PRS participant to own or use a PRS receiver.
delay of the adoption of national security regulations as
referred to in paragraph 1.
Article 3
General principles concerning PRS access
3. If
it
emerges
that
EU
classified
information
relating
to
the
PRS has been disclosed to any person not authorised to receive
1. The
Member
States,
the
Council,
the
Commission
and
the it, the Commission shall, in full consultation with the Member
EEAS shall have the right to unlimited and uninterrupted access
State concerned:
to the PRS worldwide.
(a) inform the originator of the classified PRS data;
2. It
shall
be
for
each
individual
Member
State,
the
Council,
the Commission and the EEAS to decide whether to use the PRS
within their respective competences.
(b) assess the potential damage caused to the interests of the
Union or of the Member States;
3. Each
Member
State
which
uses
the
PRS
shall
decide
inde
pendently which categories of natural persons residing on its
(c) notify the appropriate authorities of the results of that
territory or performing official duties abroad on behalf of that
assessment accompanied by a recommendation to remedy
Member State and legal persons established on its territory are
the situation, in which case the appropriate authorities shall
authorised to be PRS users, as well as the uses to which the PRS
inform the Commission without delay of the action they
may be put, in accordance with Article 8 and point 1(i) and (ii)
intend to take or have already taken, including action aimed
of the Annex. Such uses may include security-related uses.
at preventing recurrence, as well as of the results of such
action; and
The Council, the Commission and the EEAS shall decide which
categories of their agents are authorised to be PRS users, in
(d) inform the European Parliament and the Council, as appro
accordance with Article 8 and point 1(i) and (ii) of the Annex.
priate, of those results.
4. Union
agencies
may
become
PRS
participants
only
in
so
Article 5
far as necessary to fulfil their tasks and in accordance with the
Competent PRS authority
detailed rules laid down in an administrative agreement
concluded between the Commission and the agency concerned.
1. A
competent
PRS
authority
shall
be
designated
by:
5. Third countries or international organisations may (a) each Member State which uses the PRS and each Member
become PRS participants only where, in accordance with the
State on whose territory any of the bodies referred to in
procedure provided for in Article 218 of the Treaty on the
Article 7(1) are established; in such cases, the competent
Functioning of the European Union, they enter into both of
PRS authority shall be established on the territory of the
the following agreements between the Union and the third
Member State concerned, which shall notify the designation
country or international organisation concerned:
to the Commission without delay;
(a) a security of information agreement defining the framework
(b) the Council, the Commission and the EEAS, if they use the
for exchanging and protecting classified information and
PRS. In such a case, the European GNSS Agency established
providing a degree of protection at least equivalent to that
by Regulation (EU) No 912/2010 (the 'European GNSS
of the Member States;
Agency') may be designated as a competent PRS authority
in accordance with appropriate arrangements;
(b) an agreement laying down the terms and conditions of the
detailed rules for access to the PRS by the third country or
(c) Union agencies and international organisations, in
international organisation; such an agreement could include
accordance with the provisions of the agreements referred
the manufacturing, under specific conditions, of PRS
to in Article 3(4) and (5); in such cases, the European GNSS
receivers, to the exclusion of security modules.
Agency may be designated as a competent PRS authority;

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(d) third countries, in accordance with the provisions of the
7. A
competent
PRS
authority
shall
be
connected
to
the
agreements referred to in Article 3(5).
GSMC in accordance with Article 8 and point 4 of the Annex.
2. The costs of the functioning of a competent PRS authority
shall be borne by the PRS participants who have designated it.
8. Paragraphs
4
and
7
shall
be
without
prejudice
to
the
possibility for Member States to delegate certain specific tasks
3. A
Member
State
which
has
not
designated
a
competent of their respective competent PRS authority, by mutual consent,
PRS authority in accordance with point (a) of paragraph 1 shall
to another Member State, excluding any tasks related to the
in any event designate a point of contact for assisting as
exercise of their sovereignty over their respective territories.
necessary in the reporting of detected potentially harmful elec
The tasks referred to in paragraphs 4 and 7, as well as tasks
tromagnetic interference affecting the PRS. The Member State
under paragraph 5, may be carried out jointly by Member
concerned shall notify such a designation to the Commission
States. The Member States concerned shall notify such
without delay.
measures to the Commission without delay.
4. A
competent
PRS
authority
shall
ensure
that
the
use
of
the PRS is in compliance with Article 8 and point 1 of the
9. A
competent
PRS
authority
may
request
the
technical
Annex and that:
assistance of the European GNSS Agency in order to perform
its tasks, subject to specific arrangements. The Member States
(a) PRS users are grouped for the management of the PRS with
concerned shall notify such arrangements to the Commission
the GSMC;
without delay.
(b) the PRS access rights for each group or user are determined
and managed;
10. Every
three
years
the
competent
PRS
authorities
shall
report to the Commission and to the European GNSS Agency
(c) the PRS keys and other related classified information are
on compliance with the common minimum standards.
obtained from the GSMC;
(d) the PRS keys and other related classified information are
11. Every
three
years
the
Commission
shall,
with
the
distributed to the users;
assistance of the European GNSS Agency, report to the
European Parliament and the Council on the compliance by
the competent PRS authorities with the common minimum
(e) the security of the receivers and associated classified tech
standards, as well as in any cases of serious violation of those
nology and information are managed and the risks assessed;
standards.
(f) a point of contact is established for assisting as necessary in
the reporting of detected potentially harmful electrom
12. Where
a
competent
PRS
authority
does
not
comply
with
agnetic interference affecting the PRS.
the common minimum standards set out in Article 8, the
Commission may, taking due account of the subsidiarity
5. The
competent
PRS
authority
of
a
Member
State
shall principle and in consultation with the Member State
ensure that a body established on the territory of that
concerned and, if necessary, after obtaining further specific
Member State may only develop or manufacture PRS receivers
information, issue a recommendation. Within three months of
or security modules if such a body:
the recommendation being issued, the competent PRS authority
concerned shall either comply with the recommendation of the
(a) has been duly authorised by the Security Accreditation
Commission or request or propose changes with a view to
Board in accordance with Article 11(2) of Regulation (EU)
ensuring compliance with the common minimum standards
No 912/2010; and
and implement them in agreement with the Commission.
(b) complies both with the decisions of the Security Accredi
tation Board and with Article 8 and point 2 of the Annex
If, once that three-month period has expired, the competent
regarding the development and manufacture of PRS
PRS authority concerned still does not ensure compliance
receivers or security modules, in so far as these relate to
with the common minimum standards, the Commission shall
its activity.
inform the European Parliament and the Council and propose
appropriate measures to be taken.
Any equipment-manufacture authorisation provided for in this
paragraph shall be reviewed at least every five years.
Article 6
6. In
the
case
of
development
or
manufacturing
referred
to
Role of the GSMC
in paragraph 5 of this Article, or in the case of export outside
the Union, the competent PRS authority of the Member State
The GSMC shall provide the operational interface between the
concerned shall act as an interface to the entities competent for
competent PRS authorities, the Council and the High Represen
export restrictions of relevant equipment, technology and
tative of the Union for Foreign Affairs and Security Policy acting
software regarding the use and development of, and manufac
under Joint Action 2004/552/CFSP and the control centres. It
turing for, the PRS, in order to ensure that the provisions of
shall inform the Commission of any event that may affect the
Article 9 are applied.
smooth running of the PRS.

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Article 7
pursuant to the agreements referred to in Article 3(5) or under
agreements regarding the detailed rules for hosting and
Manufacture and security of receivers and security
operating reference stations.
modules
1. A
Member
State
may,
subject
to
the
requirements
set
out
in Article 5(5), assign the task of manufacturing PRS receivers
Article 10
or the associated security modules to bodies established on its
Application of Joint Action 2004/552/CFSP
territory or on the territory of another Member State. The
Council, the Commission or the EEAS may assign the task of
This Decision shall be applied without prejudice to measures
manufacturing PRS receivers or the associated security modules
decided on pursuant to Joint Action 2004/552/CFSP.
for their own use to bodies established on the territory of a
Member State.
Article 11
2. The
Security
Accreditation
Board
may
at
any
time
revoke
Exercise of delegation
the authorisation it has granted to a body referred to in
paragraph 1 of this Article to manufacture PRS receivers or
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
the associated security modules if the measures provided for
Commission subject to the conditions laid down in this Article.
in point (b) of Article 5(5) have not been complied with.
Article 8
2. The power to adopt delegated acts referred to in
Article 8(2) shall be conferred on the Commission for a
Common minimum standards
period of five years from 5 November 2011. The Commission
1. The
common
minimum
standards
to
be
complied
with
by shall draw up a report in respect of the delegation of power not
the competent PRS authorities referred to in Article 5 shall
later than nine months before the end of the five-year period.
cover the areas set out in the Annex.
3. The
delegation
of
power
referred
to
in
Article
8(2)
may
be
2. The
Commission
shall
be
empowered
to
adopt
delegated revoked at any time by the European Parliament or by the
acts in accordance with Article 11 concerning the adoption of
Council. A decision to revoke shall put an end to the delegation
the common minimum standards for the areas set out in the
of the power specified in that decision. It shall take effect the
Annex and, if necessary, amendments updating the Annex to
day following the publication of the decision in the Official
take account of developments in the Galileo programme, in
Journal of the European Union or at a later date specified
particular with regard to technology and changes in security
therein. It shall not affect the validity of any delegated acts
needs.
already in force.
3. On
the
basis
of
the
common
minimum
standards
referred
to in paragraph 2 of this Article, the Commission may adopt
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
the necessary technical requirements, guidelines and other
notify it simultaneously to the European Parliament and to the
measures. Those implementing acts shall be adopted in
Council.
accordance with the examination procedure referred to in
Article 12(2).
5. A
delegated
act
adopted
pursuant
to
Article
8(2)
shall
4. The
Commission
shall
ensure
that
the
necessary
steps
are enter into force only if no objection has been expressed
taken to comply with the measures referred to in paragraphs 2
either by the European Parliament or the Council within a
and 3 and that requirements relating to the security of the PRS
period of two months of notification of that act to the
and its users and related technology are met, taking full account
European Parliament and the Council or if, before the expiry
of expert advice.
of that period, the European Parliament and the Council have
both informed the Commission that they will not object. That
5. In order to assist compliance with this Article, the
period shall be extended by two months at the initiative of the
Commission shall facilitate a meeting of all competent PRS
European Parliament or of the Council.
authorities at least once a year.
Article 12
6. The
Commission
shall,
with
the
assistance
of
the
Member
States and the European GNSS Agency, ensure that the
Committee procedure
competent PRS authorities comply with the common
1. The
Commission
shall
be
assisted
by
the
Committee
estab
minimum standards, in particular by carrying out audits or
lished by Regulation (EC) No 683/2008. That Committee shall
inspections.
be a committee within the meaning of Regulation (EU)
No 182/2011.
Article 9
Export restrictions
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
The export outside the Union of equipment, technology and
Regulation (EU) No 182/2011 shall apply. Where the
software regarding the use and development of, and manufac
committee delivers no opinion, the Commission shall not
turing for, the PRS shall not be authorised otherwise than in
adopt the draft implementing act and the third subparagraph
accordance with Article 8 and point 3 of the Annex and
of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

EN
4.11.2011 Official
Journal
of
the
European
Union L
287/7
Article 13
Article 15
Review and report
Penalties
At the latest two years after the PRS has been declared oper
Member States shall determine what penalties are applicable
ational, the Commission shall report to the European Parliament
when national provisions enacted pursuant to this Decision
and the Council on the adequate functioning and appropri
are infringed. The penalties shall be effective, proportionate
ateness of the rules established for access to the PRS and, if
and dissuasive.
necessary, propose amendments to this Decision accordingly.
Article 14
Article 16
Specific rules for the implementation of the Galileo
Entry into force and application
programme
1. This
Decision
shall
enter
into
force
on
the
day
following
Notwithstanding the other provisions of this Decision, in order
its publication in the Official Journal of the European Union.
to ensure that the system established under the Galileo
programme functions smoothly, access to PRS technology and
the ownership or use of PRS receivers shall be authorised,
2. Member
States
shall
apply
Article
5
at
the
latest
on
subject to compliance with the principles laid down in
6 November 2013.
Article 8 and the Annex, as regards the following:
(a) the Commission, when acting as manager of the Galileo
Article 17
programme;
Addressees
(b) operators of the system established under the Galileo
This Decision is addressed to the Member States.
programme, strictly for the purposes of complying with
their remit, as laid down in a specific arrangement with
the Commission;
Done at Strasbourg, 25 October 2011.
(c) the European GNSS Agency, in order to enable it to
perform the tasks entrusted to it, as laid down in a
specific arrangement with the Commission;
For the European Parliament
For the Council
(d) the European Space Agency, strictly for the purposes of
research, development and infrastructure roll–out, as laid
The President
The President
down in a specific arrangement with the Commission.
J. BUZEK
M. DOWGIELEWICZ

L 287/8
EN
Official Journal of the European Union
4.11.2011
ANNEX
Common minimum standards
1. As regards Article 5(4), the common minimum standards for the use of the PRS cover the following areas:
(i) PRS user group organisation;
(ii) definition and management of access rights for PRS users and user groups of PRS participants;
(iii) distribution of PRS keys and related classified information between the GSMC and the competent PRS authorities;
(iv) distribution of PRS keys and related classified information to the users;
(v) security management, including security incidents, and risk assessment for PRS receivers and associated classified
technology and information;
(vi) reporting of detected potentially harmful electromagnetic interference affecting the PRS;
(vii) operational concepts and procedures for PRS receivers.
2. As regards Article 5(5), the common minimum standards for the development and manufacture of PRS receivers or
security modules cover the following areas:
(i) PRS user segment authorisation;
(ii) security of PRS receivers and PRS technology during research, development, and manufacturing phases;
(iii) PRS receiver and PRS technology integration;
(iv) protection profile for PRS receivers, security modules, and material using PRS technology.
3. As regards Article 5(6) and Article 9, the common minimum standards for export restrictions cover the following
areas:
(i) authorised PRS participants;
(ii) export of PRS-related material and technology.
4. As regards Article 5(7), the common minimum standards for the links between the GSMC and the competent PRS
authorities cover data and voice links.

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