HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.12.2013 Official
Journal
of
the
European
Union
L
347/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1285/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 December 2013
on the implementation and exploitation of European satellite navigation systems and repealing
Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European
Parliament and of the Council
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
private actors in Europe and worldwide. The system
EUROPEAN UNION,
established under the Galileo programme functions inde
pendently of other existing or potential systems, thus
contributing amongst other things to the strategic
Having regard to the Treaty on the Functioning of the European
autonomy of the Union, as emphasised by the
Union, and in particular Article 172 thereof,
European Parliament and the Council.
Having regard to the proposal from the European Commission,
(3)
The aim of the EGNOS programme is to improve the
quality of open signals from existing global navigation
satellite systems ('GNSS') as well as those from the open
After transmission of the draft legislative act to the national
service offered by the system established under the
parliaments,
Galileo programme, when they become available. The
services provided by the EGNOS programme should
cover, as a priority, the Member States' territories
Having regard to the opinion of the European Economic and
geographically located in Europe, including for this
Social Committee (
purpose the Azores, the Canary Islands and Madeira.

1 ),
After consulting the Committee of the Regions,
(4) The European Parliament, the Council, the European
Economic and Social Committee and the Committee of
the Regions have consistently given their full support to
Acting in accordance with the ordinary legislative procedure,
the Galileo and EGNOS programmes.
Whereas:
(5) Since
the
Galileo
and
EGNOS
programmes
are
at
an
advanced development stage leading to systems in an
exploitation phase, a specific legal instrument is
(1) The
aim
of
the
European
satellite
navigation
policy
is
to
required to meet their needs, particularly in terms of
provide the Union with two satellite navigation systems,
governance and security, to satisfy the requirement for
the system established under the Galileo programme and
sound financial management and to promote the use of
the EGNOS system ('the systems'). These systems arise
the systems.
respectively from the Galileo and EGNOS programmes.
Each infrastructure consists of satellites and a network of
ground stations.
(6) The
systems
are
infrastructures
set
up
as
trans-European
networks of which the use extends well beyond the
(2)
The aim of the Galileo programme is to establish and
national boundaries of the Member States. Furthermore,
operate the first global satellite navigation and posi
the services offered through these systems contribute to a
tioning infrastructure specifically designed for civilian
wide range of economic and social activities, including
purposes, which can be used by a variety of public and
the development of trans-European networks in the areas
of transport, telecommunications and energy infrastruc
( 1 ) OJ C 181, 21.6.2012, p. 179.
tures.

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Official Journal of the European Union
20.12.2013
(7) The
Galileo
and
EGNOS
programmes
are
an
industrial (10) Given
the
increasing
use
of
satellite
navigation
across
a
policy tool and are part of the Europe 2020 strategy, as
great number of fields of activity, an interruption in the
illustrated by the Commission Communication of
supply of services could lead to significant harm to
17 November 2010 entitled 'An integrated industrial
modern society and result in losses for many economic
policy for the globalisation era: putting competitiveness
operators. In addition, due to their strategic aspect,
and sustainability at centre stage'. They are also referred
satellite navigation systems are sensitive infrastructures,
to in the Commission Communication of 4 April 2011
that could be susceptible to malicious use. These
entitled 'Towards a space strategy for the European
factors could affect the security of the Union, its
Union that benefits its citizens'. Those programmes
Member States and its citizens. Security requirements
provide many advantages for the economy and citizens
should therefore be taken into account in the design,
of the Union, whose cumulative value has been estimated
development, deployment and exploitation of the infra
at approximately EUR 130 billion in the period 2014-
structures established under the Galileo and EGNOS
2034.
programmes in accordance with standard practices.
(8) A
growing
number
of
economic
sectors,
in
particular
transport, telecommunications, agriculture and energy,
(11) The Galileo programme includes a definition phase
increasingly use satellite navigation systems. Public auth
which has been completed, a development and validation
orities can also benefit from these systems in various
phase until 2013, a deployment phase which was
areas such as emergency services, police, crisis
launched in 2008 and is due for completion in 2020,
management or border management. Developing the
and an exploitation phase which should be launched
use of satellite navigation brings enormous benefits to
progressively from 2014-15 in order to have a fully
the economy, society and the environment. Such socio-
operational system in 2020. The first four operational
economic benefits are broken down into three main
satellites have been constructed and launched during
categories: direct benefits resulting from the growth of
the development and validation phase, while the full
the space market, direct benefits resulting from the
constellation of satellites should be completed during
growth of the downstream market for GNSS-based appli
the deployment phase and replenishment should occur
cations and services, and indirect benefits resulting from
during the exploitation phase. The associated ground-
the emergence of new applications in, or technology
based infrastructure should be developed and operated
transfer to, other sectors, leading to new market oppor
accordingly.
tunities in other sectors, productivity gains across
industry and public benefits generated by a reduction
in pollution or by improved levels of safety and security.
(12) The
EGNOS
programme
has
been
in
the
exploitation
phase since its open service and 'safety of life' service
(9)
It is therefore important that the Union support the
were declared operational in October 2009 and March
development of applications and services based on the
2011 respectively. Subject to technical and financial
systems. This will allow the citizens of the Union to reap
constraints and on the basis of international agreements,
the benefits derived from the systems, and ensure that
the geographical coverage of the services provided by the
public confidence in the Galileo and EGNOS
EGNOS system could be extended to other regions of the
programmes is maintained. The appropriate instrument
world, in particular to the territories of candidate coun
to finance research and innovation activities relating to
tries, of third countries associated with the Single
the development of GNSS-based applications is Horizon
European Sky and of countries in the European Neigh
2020 – the Framework Programme for Research and
bourhood Policy. However, such extension to other
Innovation ("Horizon 2020") established by Regulation
regions of the world should not be financed by the
(EU) No 1291/2013 of the European Parliament and of
budgetary appropriations assigned to the Galileo and
the Council ( 1 ). However, a very specific upstream part of
EGNOS programmes under Council Regulation (EU,
research and development activities should be financed
Euratom) No 1311/2013 ( 2 ) and should not delay the
from the budget allocated to the Galileo and EGNOS
extension of the coverage throughout the Member
programmes under this Regulation, where such activities
States' territories geographically located in Europe.
concern fundamental elements such as Galileo-enabled
chipsets and receivers, which will facilitate the devel
opment of applications across different sectors of the
economy. Such financing should nevertheless not jeop
ardise the deployment or exploitation of the infra
structures established under the programmes.
(13) The
original
design
of
the
Galileo
safety-of-life
service
as
provided for in Regulation (EC) No 683/2008 of the
( 1 ) Regulation (EU) No 1291/2013 of the European Parliament and of
the Council of 11 December 2013 establishing Horizon 2020 - The
Framework Programme for Research and Innovation (2014-2020)
( 2 ) Council Regulation (EU, Euratom) No 1311/2013 of 2 December
and repealing Decision No 1982/2006/EC (See page 104 Of this
2013 laying down the multiannual financial framework for the years
Official Journal)
2014-2020 (See page 884 Of this Official Journal).

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EN
20.12.2013 Official
Journal
of
the
European
Union
L
347/3
European Parliament and of the Council ( 1 ) has been re-
from the Galileo and EGNOS programmes which belong
profiled to ensure its interoperability with other GNSS, to
to the Union, including at social and economic level.
respond effectively to safety-of-life user needs and to
reduce the complexity, risks and costs of the required
infrastructure.
(17) Assets
created
or developed
outside
the
Galileo
and
EGNOS programmes are not affected by the provisions
on ownership laid down in this Regulation. However,
(14) To
maximise
the
take-up
of
the
EGNOS
safety-of-life
such assets might, on occasion, be relevant to the
service, it should be provided without direct user
performance of the programmes. In order to encourage
charge. The Galileo public regulated service (PRS)
the development of new technology outside the Galileo
should also be offered free of charge to the following
and EGNOS programmes, the Commission should
PRS participants, within the meaning of Decision
encourage third parties to draw its attention to relevant
No 1104/2011/EU of the European Parliament and the
intangible assets and should, where it would be beneficial
Council ( 2 ): Member States, the Council, the Commission,
to the programmes, negotiate terms as to the appropriate
the European External Action Service ("EEAS") and duly
use thereof.
authorised Union agencies. The absence of charges
should not be understood to affect the provisions
regarding the costs of the functioning of a competent
(18) The
deployment
and
exploitation
phases
of
the
Galileo
PRS authority as laid down in Decision No 1104/
programme and the exploitation phase of the EGNOS
2011/EU.
programme should be entirely financed by the Union.
However in accordance with Regulation (EU, Euratom)
No 966/2012 of the European Parliament and of the
(15) In
order
to
optimise
the
use
of
the
services
provided,
the
Council ( 3 ), the Member States should be able to
systems, networks and services emerging from the
provide additional funding to the Galileo and EGNOS
Galileo and EGNOS programmes should be compatible
programmes or a contribution in kind, on the basis of
and interoperable with one another and, insofar as
appropriate agreements, in order to fund additional
possible, with other satellite navigation systems and
programme elements relating to the potential particular
with conventional means of radio navigation where
objectives of the Member States concerned. Third
such compatibility and interoperability is laid down in
countries and international organisations should also be
an international agreement, without prejudice to the
able to contribute to the programmes.
objective of strategic autonomy.
(19) In
order
to
ensure
the
continuity
and
stability
of
the
(16) Since
the
Union
is
responsible,
in
principle,
for
financing
Galileo and EGNOS programmes and considering their
the Galileo and EGNOS programmes in full, provision
European dimension and their intrinsic European added
should be made for the Union to own all tangible and
value, sufficient and consistent funding is required over
intangible assets created or developed under those
financial planning periods. It is also necessary to indicate
programmes. In order to comply fully with any funda
the amount required between 1 January 2014 to
mental rights relating to ownership, the necessary
31 December 2020 to finance completion of the
arrangements should be made with existing owners,
deployment phase of the Galileo programme and the
particularly with respect to essential elements of the
exploitation phases of the Galileo and EGNOS
infrastructures and their security. It should be understood
programmes.
that the provisions on ownership of intangible assets laid
down in this Regulation do not cover intangible rights
that are not transferable under relevant national laws.
(20) Regulation
(EU,
Euratom)
No 1311/2013 allocates
a
Such ownership by the Union should be without
maximum of EUR 7 071,73 million in current prices
prejudice to the possibility for the Union, in accordance
for the financing of activities relating to the Galileo
with this Regulation and where it is deemed appropriate
and EGNOS programmes for the period from
on the basis of a case-by-case assessment, to make those
1 January 2014 to 31 December 2020. For the sake of
assets available to third parties or to dispose of them. In
clarity and in order to facilitate cost control, that overall
particular, the Union should be able to transfer the
amount should be broken down into various categories.
ownership of or license the intellectual property rights
Nonetheless, in the interest of flexibility and to ensure
arising from work under the Galileo and EGNOS
the smooth running of the programmes, the Commission
programmes to third parties. In order to facilitate the
should be able to re-allocate funds from one category to
market uptake of satellite navigation, there is a need to
another. The programme activities should also include
ensure that third parties can make optimum use in
the protection of the systems and their operation,
particular of the intellectual property rights arising
including during the launch of satellites. In this respect,
a contribution to the costs of services capable of
( 1 ) Regulation (EC) No 683/2008 of the European Parliament and of the
providing such protection could be financed by the
Council of 9 July 2008 on the further implementation of the
budget allocated to the Galileo and EGNOS programmes
European satellite navigation programmes (EGNOS and Galileo)
insofar as possible following rigorous cost management
(OJ L 196, 24.7.2008, p. 1).
( 2 ) Decision No 1104/2011/EU of the European Parliament and the
Council of 25 October 2011 on the rules for access to the public
( 3 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament
regulated service provided by the global navigation satellite system
and of the Council of 25 October 2012 on the financial rules
established under the Galileo programme (OJ L 287, 4.11.2011,
applicable to the general budget of the Union (OJ L 298,
p. 1).
26.10.2012, p. 1).

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Official Journal of the European Union
20.12.2013
and full compliance with the maximum amount estab
that associated with the development of applications
lished in Regulation (EU, Euratom) No 1311/2013. Such
derived from the systems. Such work will help to
contribution should be used only for the provision of
optimise the use of the services provided in the context
data and services and not for the purchase of infra
of the Galileo and EGNOS programmes, to ensure a good
structure. This Regulation lays down a financial
social and economic return on the investments made by
envelope for the continuation of the Galileo and
the Union and to increase the know-how of businesses in
EGNOS programmes which is to constitute the prime
the Union with regard to satellite navigation technology.
reference amount, within the meaning of point 17 of
The Commission should ensure that there is transparency
the Interinstitutional Agreement of 2 December 2013
and clarity regarding the different sources of funding for
between the European Parliament, the Council and the
the different aspects of the programmes.
Commission on budgetary discipline, on cooperation in
budgetary matters and on sound financial manage
ment ( 1 ) for the European Parliament and the Council
during the annual budgetary procedure.
(24) In
addition,
the
revenue
generated
by
the
systems
arising,
in particular, from the commercial service provided by
the system established under the Galileo programme,
should accrue to the Union in order to partially
(21) The
activities
for
which
the
Union
budget
appropriations
compensate it for the investments that it has made
assigned to the Galileo and EGNOS programmes for the
previously, and that revenue should be used to support
period 2014-2020 are to be granted should be specified
the objectives of the Galileo and EGNOS programmes. A
in this Regulation. Such appropriations should be granted
revenue-sharing mechanism might also be provided for
mainly for activities relating to the deployment phase of
in contracts concluded with private sector entities.
the Galileo programme, including management and
monitoring activities for that phase, and activities
relating to the exploitation of the system established
under the Galileo programme, including actions
(25) In
order
to
avoid
the
cost
over-runs
and
delays
which
preceding or in preparation for the exploitation phase
have affected the progress of the Galileo and EGNOS
of that programme, as well as for activities relating to
programmes in the past, efforts need to be stepped up
the exploitation of the EGNOS system. They should also
to control risks which might lead to excess costs and/or
be granted for funding certain other activities required to
delays as requested by the European Parliament in its
manage and achieve the objectives of the Galileo and
resolution of 8 June 2011 on the mid-term review of
EGNOS programmes, in particular support for research
the European satellite navigation programmes: implemen
and development of fundamental elements, such as
tation assessment, future challenges and financing
Galileo enabled chipsets and receivers, including as
perspectives ( 2 ) and by the Council conclusions of
appropriate positioning and integrity-monitoring
31 March 2011, and as shown by the Commission
software modules. Those elements constitute the
Communication of 29 June 2011 entitled 'A budget
interface between the services offered by the infra
for Europe 2020'.
structures and downstream applications, and facilitate
the development of applications throughout various
sectors of the economy. Their development acts as a
catalyst for the maximisation of socio-economic
(26) Sound
public
governance
of
the
Galileo
and
EGNOS
benefits as it facilitates the market uptake of the
programmes requires, first, that there be a strict
services offered. The Commission should report
division of responsibilities and tasks, in particular
annually to the European Parliament and the Council
between the Commission, the European GNSS Agency
on the cost-management strategy pursued.
and the European Space Agency (ESA) and, second,
that the governance be progressively adapted to the oper
ational requirements of the systems.
(22) It is important to note that the investment and operating
costs of the systems as estimated for the period
(27) Given that the Commission represents the Union, which,
2014-2020 do not take account of unforeseen financial
in principle, provides financing for the Galileo and
obligations which the Union may be obliged to assume,
EGNOS programmes alone and owns the systems, the
in particular those relating to liability arising from the
Commission should be responsible for the progress of
performance of the services or Union ownership of the
those programmes and their overall supervision. It
systems, especially with regard to any malfunctioning of
should manage the funds allocated to the programmes
the systems. Those obligations are the subject of a
under this Regulation, supervise the implementation of
specific analysis by the Commission.
all activities of the programmes and ensure a clear
division of responsibilities and tasks, in particular
between the European GNSS Agency and ESA. Accord
ingly, in addition to the tasks associated with these
(23) It
should
also
be
noted
that
the
budgetary
resources
general responsibilities and the other tasks incumbent
planned under this Regulation do not cover work
upon it under this Regulation, the Commission should
financed by funds allocated to Horizon 2020, such as
be assigned specific tasks. In order to optimise the
( 1 ) OJ C 420, 20.12.2013, p. 1.
( 2 ) OJ C 380 E, 11.12.2012, p. 84.

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EN
20.12.2013 Official
Journal
of
the
European
Union
L
347/5
resources and competences of the various stakeholders, it
and their exploitation should be gradual and conditional
should be able to delegate certain tasks by means of
on the successful completion of an appropriate handover
delegation agreements, in accordance with Regulation
review as well as on the readiness of the European GNSS
(EU, Euratom) No 966/2012.
Agency to take on such tasks, in order to secure those
programmes' continuity. For EGNOS, the handover
should take place on 1 January 2014; for Galileo, it is
(28) Considering the importance for the Galileo and EGNOS
expected to occur in 2016.
programmes of the ground-based infrastructure of the
systems and its impact on their security, the deter
mination of the location of the infrastructure should be
one of the specific tasks assigned to the Commission.
(30) For the deployment phase of the Galileo programme, the
Union should conclude a delegation agreement with ESA
The deployment of the ground-based infrastructure of
setting out the tasks of ESA in that phase. The
the systems should continue to follow an open and
Commission, representing the Union, should make
transparent process. The location of such infrastructure
every effort to conclude that delegation agreement
should be determined by taking into account
within six months of the date of application of this
geographical and technical limitations associated with
Regulation. In order for the Commission to exercise its
the optimum geographical distribution of the ground-
power of control fully, the delegation agreement should
based infrastructure and the possible presence of
include the general conditions for managing the funds
existing installations and equipment suitable for the
entrusted to ESA. In respect of activities exclusively
relevant tasks, as well as by ensuring compliance with
financed by the Union, such conditions should ensure
the security needs of each ground station and with the
a degree of control comparable to that required if ESA
national security requirements of each Member State.
were an agency of the Union.
(29) The European GNSS Agency was set up by Regulation
(EU) No 912/2010 of the European Parliament and of
(31) For
the
exploitation
phase
of
the
Galileo
and
EGNOS
the Council ( 1 ) in order to achieve the objectives of the
programmes, the European GNSS Agency should
Galileo and EGNOS programmes and implement certain
conclude working arrangements with ESA setting out
tasks associated with the progress of those programmes.
the latter's task in developing future generations of the
It is an agency of the Union which, as a body within the
systems and in providing technical support in relation to
meaning of Regulation (EU, Euratom) No 966/2012, is
the existing generation of systems. Those arrangements
subject to the obligations applicable to Union agencies. It
should comply with Regulation (EU, Euratom)
should be assigned certain tasks associated with
No 966/2012. They should not cover the role of ESA
programme security and its potential designation as a
as regards activities relating to research and technology,
competent PRS authority. It should also contribute to
or the early phases of evolution and research activities
the promotion and marketing of the systems, including
relating to the infrastructures established under the
by establishing contacts with users and potential users of
Galileo and EGNOS programmes. Such activities should
the services provided under the Galileo and EGNOS
be financed outside the scope of the budget allocated to
programmes, and it should collect information on their
the programmes, for instance by funds allocated to
requirements and developments on the satellite navi
Horizon 2020.
gation market. Furthermore, it should perform tasks
which the Commission confers on it by means of one
or more delegation agreements covering other various
(32) Responsibility for the progress of the Galileo and EGNOS
specific tasks associated with the programmes, in
programmes includes, in particular, responsibility for
particular tasks associated with the exploitation phases
their security and the security of their systems and oper
of the systems, including the operational management
ation. Except in the case of application of Council Joint
of the programmes, the promotion of the applications
Action 2004/552/CFSP ( 2 ), which needs to be reviewed
and services on the satellite navigation market and the
to reflect the changes in the Galileo and EGNOS
promotion of the development of fundamental elements
programmes, their governance and the changes to the
relating to the programmes. In order for the
Treaty on European Union and the Treaty on the Func
Commission, representing the Union, to exercise its
tioning of the European Union resulting from the Treaty
power of control fully, those delegation agreements
of Lisbon, the Commission is responsible for security,
should include the general conditions governing the
even if certain security-related tasks are entrusted to the
management of funds entrusted to the European GNSS
European GNSS Agency. It is the responsibility of the
Agency.
Commission to establish mechanisms to ensure suitable
coordination between the various entities responsible for
security.
The transfer of responsibility to the European GNSS
Agency for tasks associated with the operational
management of the Galileo and EGNOS programmes
(33) In
the
application
of
this
Regulation,
for
matters
relating
to security, the Commission should consult the relevant
( 1 ) Regulation (EU) No 912/2010 of the European Parliament and of
security experts of the Member States.
the Council of 22 September 2010 setting up the European GNSS
Agency, repealing Council Regulation (EC) No 1321/2004 on the
establishment of structures for the management of the European
( 2 ) Council Joint Action 2004/552/CFSP of 12 July 2004 on aspects of
satellite radio navigation programmes and amending Regulation
the operation of the European satellite radio-navigation system
(EC) No 683/2008 of the European Parliament and of the Council
affecting the security of the European Union (OJ L 246, 20.7.2004,
(OJ L 276, 20.10.2010, p. 11).
p. 30).

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(34) Given
the
specific
expertise
of
EEAS
and
its
regular
optimum use of resources, satisfactory services, smooth
contact with administrations of third countries and inter
running of programmes, good risk management and
national organisations, it is in a position to assist the
compliance with the proposed schedule. The relevant
Commission in performing certain of its tasks relating
contracting authority should make every effort to meet
to the security of the systems and the Galileo and
those requirements.
EGNOS programmes in the field of external relations,
in accordance with Council Decision 2010/427/EU ( 1 ).
The Commission should ensure that EEAS is fully
associated with its activities in implementing security-
related tasks in the field of external relations. To that
(38) As
the
Galileo
and
EGNOS
programmes
will
be,
in
prin
end, all necessary technical support should be provided
ciple, financed by the Union, public procurement under
to EEAS.
those programmes should comply with Union rules on
public contracts and should aim, first and foremost, to
obtain best value for money, control costs, mitigate risks,
improve efficiency and reduce reliance on a single
supplier. Open access and fair competition throughout
(35) To
ensure
the
secure
circulation
of
information,
within
the supply chain and the balanced offering of partici
the scope of this Regulation, the relevant security regu
pation opportunities to industry at all levels, including,
lations should offer a degree of protection for EU-clas
in particular, new entrants and small and medium-sized
sified information equivalent to that provided by the
enterprises ('SMEs'), should be ensured. Possible abuse of
rules on security as set out in the Annex to Commission
dominant position and of long-term reliance on single
Decision 2001/844/EC, ECSC, Euratom ( 2 ) and by the
suppliers should be avoided. In order to mitigate
security rules of the Council set out in the Annexes to
programme risks, to avoid reliance on a single source
Council Decision 2013/488/EU ( 3 ). Each Member State
of supply and to ensure better overall control of the
should ensure that its national security regulations
programmes and their costs and schedules, multiple
apply to all natural persons resident on its territory
sourcing should be pursued, wherever appropriate.
and to all legal entities established on its territory
Moreover, the development of European industry
which deal with EU-classified information regarding the
should be preserved and promoted in all areas relating
Galileo and EGNOS programmes. The security regu
to satellite navigation, in accordance with international
lations of ESA and the Decision of 15 June 2011 of
agreements to which the Union is Part. The risk of poor
the High Representative of the Union for Foreign
contract performance or of non-performance should be
Affairs and Security Policy ( 4 ) should be considered as
mitigated as much as possible. To that end, contractors
equivalent to the rules on security set out in the
should demonstrate the sustainability of their contractual
Annex to Decision 2001/844/EC, ECSC, Euratom and
performance with respect to the commitments
to the security rules set out in the Annexes to Decision
undertaken and the duration of the contract. Therefore,
2013/488/EU.
contracting authorities should, wherever appropriate,
specify requirements relating to the reliability of
supplies and of the provision of services.
(36) This
Regulation
is
without
prejudice
to
existing
and
future rules on access to documents adopted in
accordance with Article 15(3) of the Treaty on the Func
In addition, in the case of the purchase of goods and
tioning of the European Union (TFEU). Furthermore, this
services of a sensitive nature, contracting authorities may
Regulation should not be understood as imposing an
subject such purchase to specific requirements,
obligation on Member States to disregard their constitu
particularly with a view to ensuring security of
tional requirements in respect of access to documents.
information. Union industries should be permitted to
rely on non-Union sources for certain components and
services where substantial advantages are demonstrated in
terms of quality and costs, taking account, however, of
the strategic nature of the programmes and of Union
(37) In
order
to
allocate
the
Union
funds
attributed
to
the
security and export control requirements. Advantage
Galileo and EGNOS programmes with a ceiling total
should be taken of public sector investment and
that the Commission should not exceed, effective
industrial experience and competence, including that
public procurement procedures should be applied and,
acquired during the definition and development and vali
in particular, contracts negotiated so as to ensure
dation phases of the programmes, while ensuring that the
rules on competitive tendering are not contravened.
( 1 ) Council Decision 2010/427/EU of 26 July 2010 establishing the
organisation and functioning of the European External Action
Service (OJ L 201, 3.8.2010, p. 30).
( 2 ) 2001/844/EC, ECSC, Euratom: Commission Decision of
29 November 2001 amending its internal Rules of Procedure
(39) In order to better evaluate the total cost of a product,
(OJ L 317, 3.12.2001, p. 1).
service or work being tendered, including its long term
( 3 ) 2013/488/EU: Council Decision of 23 September 2013 on the
operational cost, the total cost over the useful lifecycle of
security rules for protecting EU classified information (OJ L 274,
15.10.2013, p. 1).
the product, service or work being tendered should be
( 4 ) OJ C 304, 15.10.2011, p. 7.
taken into account wherever appropriate during the

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Union
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procurement, by using a cost effectiveness approach such
TFEU, in particular to ensure their smooth implemen
as lifecycle costing when pursuing procurement based on
tation, deal with certain questions relating to security
the criterion of the most economically advantageous
and charging, optimise the services provided to citizens
tender award. For that purpose, the contracting
of the Union and meet the needs of third countries and
authority should make sure that the methodology
international organisations. It is also useful, where
intended to compute the costs for the useful lifecycle
necessary, to adapt existing agreements to changes in
of a product, service or work is expressly mentioned in
the Galileo and EGNOS programmes. When preparing
the contract documents or the contract notice and that it
or implementing those agreements, the Commission
allows the accuracy of the information supplied by the
may have recourse to the assistance of EEAS, ESA and
tenderers to be verified.
the European GNSS Agency, within the limits of the
tasks allocated to them under this Regulation.
(40) Satellite
navigation
is
a
complex
and
constantly
changing
technology. This results in uncertainty and risk for public
contracts concluded under the Galileo and EGNOS
(43) It should be confirmed that the Commission, in
programmes, insofar as such contracts may involve
performing certain of its tasks of a non-regulatory
long-term commitments to equipment or services.
nature, may have recourse, as required and insofar as
Those characteristics require specific measures to be
necessary, to the technical assistance of certain external
implemented concerning public contracts which apply
parties. Other entities involved in the public governance
in addition to the rules laid down in Regulation (EU,
of the Galileo and EGNOS programmes may also make
Euratom) No
966/2012. The contracting authority
use of the same technical assistance in performing tasks
should thus be able to restore a level playing-field
entrusted to them under this Regulation.
when one or more companies have, prior to a call for
tenders, privileged information on the activities
associated with the call for tender. It should be
possible to award a contract in the form of a conditional
stage-payment contract, introduce an amendment, under
(44) The
Union
is
based
on
respect
for
fundamental
rights
certain conditions, in the context of its performance, or
and in particular Articles 7 and 8 of the Charter of
even impose a minimum level of subcontracting. Finally,
Fundamental Rights of the European Union expressly
due to the technological uncertainties that are a feature
recognize the fundamental right to privacy and to the
of the Galileo and EGNOS programmes, contract prices
protection of personal data. Protection of personal data
cannot always be forecast accurately and it is therefore
and private life should be ensured under the Galileo and
desirable to conclude contracts in a specific form that do
EGNOS programmes.
not stipulate a firm fixed price and include clauses to
safeguard the financial interests of the Union.
(45) The
financial
interests
of
the
Union
should
be
protected
through proportionate measures throughout the expen
(41) It
should
be
noted
that,
in
accordance
with
Article
4(3)
diture cycle, including the prevention, detection and
of the Treaty on European Union ("TEU"), the Member
investigation of irregularities, the recovery of funds lost,
States should not take measures which could be detri
wrongly paid or incorrectly used and, where appropriate,
mental to the Galileo and EGNOS programmes or the
administrative and financial penalties in accordance with
services. It should also be made clear that the Member
Regulation (EU, Euratom) No 966/2012.
States concerned should take all necessary measures to
ensure the protection of the ground stations established
on their territories. In addition, Member States and the
Commission should work together and with appropriate
international bodies and regulatory authorities to ensure
(46) It
is
necessary
to
ensure
that
the
European
Parliament
that the radio spectrum necessary for the system estab
and the Council are kept regularly informed about the
lished under the Galileo programme is available and
implementation of the Galileo and EGNOS programmes,
protected to allow for the full development and imple
in particular with regard to risk management, cost,
mentation of applications based on that system, in
schedule and performance. In addition, the European
compliance with Decision No 243/2012/EU of the
Parliament, the Council and the Commission will meet
European Parliament and of the Council ( 1 ).
in the Galileo Interinstitutional Panel in accordance with
the Joint declaration on the Galileo Interinstitutional
Panel published together with this Regulation.
(42) In
view
of
the
global
nature
of
the
systems,
it
is
essential
that the Union enter into agreements with third countries
and international organisations in the context of the
Galileo and EGNOS programmes under Article 218
(47) Assessments, based on agreed indicators, should be
carried out by the Commission in order to evaluate the
effectiveness and efficiency of the measures taken to
( 1 ) Decision No 243/2012/EU of the European Parliament and of the
Council of 14 March 2012 establishing a multiannual radio
achieve the objectives of the Galileo and EGNOS
spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
programmes.

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(48) In order to ensure the security of the systems and their
31 December 2006. Regulation (EC) No 876/2002
operation, the power to adopt acts in accordance with
should therefore be repealed.
Article 290 TFEU should be delegated to the
Commission in respect of the high level objectives
necessary to ensure the security of the systems and
their operation. It is of particular importance that the
(53) Given
the
need
to
evaluate
the
Galileo
and
EGNOS
Commission carry out appropriate consultations during
programmes, the extent of the changes to be made to
its preparatory work, including at expert level. The
Regulation (EC) No 683/2008, and in the interests of
Commission, when preparing and drawing up delegated
clarity and legal certainty, Regulation (EC) No 683/2008
acts, should ensure a simultaneous, timely and appro
should be repealed,
priate transmission of relevant documents to the
European Parliament and to the Council.
HAVE ADOPTED THIS REGULATION:
(49) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation, implementing powers should be
conferred on the Commission. Those powers should be
exercised in accordance with Regulation (EU)
CHAPTER I
No 182/2011 of the European Parliament and of the
GENERAL PROVISIONS
Council ( 1 ).
Article 1
Subject
(50) As sound public governance requires uniform
This Regulation lays down the rules in relation to the imple
management of the Galileo and EGNOS programmes,
mentation and exploitation of the systems under the European
faster decision-making and equal access to information,
satellite navigation programmes, in particular those relating to
representatives of the European GNSS Agency and ESA
the governance and the financial contribution of the Union.
should be able to take part as observers in the work of
the European GNSS Programmes Committee ("the
Committee") established to assist the Commission. For
the same reasons, representatives of third countries and
Article 2
international organisations who have concluded an inter
national agreement with the Union should be able to
European satellite navigation systems and programmes
take part in the work of the Committee subject to
security constraints and as provided for in the terms of
1. The
European
satellite
navigation
programmes,
Galileo
such agreement. These representatives of the European
and EGNOS, shall cover all the activities needed to define,
GNSS Agency, ESA, third countries and international
develop, validate, construct, operate, renew and improve the
organisations are not entitled to take part in
European satellite navigation systems, namely the system estab
Committee voting procedures.
lished under the Galileo programme and the EGNOS system,

and to ensure their security and interoperability.
(51) Since the objective of this Regulation, namely the estab
lishment and exploitation of satellite navigation systems,
Those programmes shall also aim to maximise the socio-
cannot be sufficiently achieved by the Member States
economic benefits of the European satellite navigation
since it exceeds the financial and technical capacities of
systems, in particular by promoting the use of the systems
any single Member State, and can therefore, by reason of
and fostering the development of applications and services
its scale and effects, be better achieved by action at
based on those systems.
Union level, the Union may adopt measures, in
accordance with the principle of subsidiarity as set out
in Article 5 TEU. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
2. The
system
established
under
the
Galileo
programme
shall
does not go beyond what is necessary in order to achieve
be a civil system under civil control and an autonomous global
that objective.
navigation satellite system (GNSS) infrastructure consisting of a
constellation of satellites and a global network of ground
stations.
(52) The
Galileo
Joint
Undertaking
created
by
Council
Regu
lation (EC) No 876/2002 ( 2 ) ceased its operations on
3. The
EGNOS
system
shall
be
a
regional
satellite
navigation
( 1 ) Regulation (EU) No 182/2011 of the European Parliament and of
system infrastructure monitoring and correcting open signals
the Council of 16 February 2011 laying down the rules and general
emitted by existing global satellite navigation systems, as well
principles concerning mechanisms for control by Member States of
as the open service signals offered by the system established
the Commission's exercise of implementing powers (OJ L 55,
under the Galileo programme, when they become available. It
28.2.2011, p. 13).
( 2 ) Council Regulation (EC) No 876/2002 of 21 May 2002 setting up
consists of ground stations and several transponders installed on
the Galileo Joint Undertaking (OJ L 138, 28.5.2002, p. 1).
geostationary satellites.

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4. The
specific
objectives
of
the
Galileo
programme
shall
be
(c) to offer a safety-of-life service (SoL) service aimed at users
to ensure that the signals emitted by the system established
for whom safety is essential; this service, which is provided
under that programme can be used to fulfil the following func
free of direct user charges, fulfils in particular the
tions:
requirements of certain sectors for continuity, availability
and accuracy and includes an integrity message alerting
the user to any failure in, or out-of-tolerance signals from,
systems augmented by the EGNOS system over the coverage
(a) to offer an open service (OS), which is free of charge to the
area.
user and provides positioning and synchronisation
information intended mainly for high-volume satellite navi
gation applications;
As a priority, those functions shall be provided within the
Member States' territories geographically located in Europe as
soon as possible.
(b) to contribute, by means of Galileo open service signals
and/or in cooperation with other satellite navigation
systems, to integrity-monitoring services aimed at users of
The geographical coverage of the EGNOS system may be
safety-of-life applications in compliance with international
extended to other regions of the world, in particular to the
standards;
territories of candidate countries, of third countries associated
with the Single European Sky and of countries in the European
Neighbourhood Policy, subject to technical feasibility and on the
basis of international agreements. The cost of such extension,
(c) to offer a commercial service (CS) for the development of
including the related exploitation costs, shall not be covered by
applications for professional or commercial use by means of
the resources referred to in Article 9. Such extension shall not
improved performance and data with greater added value
delay the extension of the geographical coverage of the EGNOS
than those obtained through the open service;
system throughout the Member States' territories geographically
located in Europe.
(d) to offer a public regulated service (PRS) restricted to
government-authorised users, for sensitive applications
Article 3
which require a high level of service continuity, free of
Galileo programme phasing
charge for the Member States, the Council, the Commission,
EEAS and, where appropriate, duly authorised Union
The Galileo programme shall consist of the following phases:
agencies; this service uses strong, encrypted signals. The
question of whether to charge the other PRS participants
referred to in Article 2 of Decision No 1104/2011/EU shall
(a) a definition phase during which the structure of the system
be assessed on a case-by-case basis and appropriate
was designed and its elements determined, which ended in
provisions shall be specified in the agreements concluded
2001;
pursuant to Article 3(5) of that Decision;
(b) a development and validation phase, scheduled to be
(e) to contribute to the search and rescue support service (SAR)
completed by 31 December 2013, comprising the
of the COSPAS-SARSAT system by detecting distress signals
construction and launch of the first satellites, the estab
transmitted by beacons and relaying messages to them.
lishment of the first ground-based infrastructure and all
the work and operations necessary to validate the system
in orbit;
5. The
specific
objectives
of
the
EGNOS
programme
shall
be
to ensure that the signals emitted by the EGNOS system can be
(c) a deployment phase to be completed by 31 December
used to fulfil the following functions:
2020, comprising:
(a) to offer an open service (OS), which is free of charge to the
(i) the construction, establishment and protection of all
user, and provides positioning and synchronisation
space-based infrastructure, in particular of all the
information intended mainly for high-volume satellite navi
satellites necessary to achieve the specific objectives
gation applications in the area covered by the EGNOS
referred to in Article 2(4) and of the required spare
system;
satellites, and the related evolutive maintenance and
operations;
(b) to offer a service for the dissemination of commercial data,
(ii) the construction, establishment and protection of all
namely the EGNOS Data Access Service (EDAS), to promote
ground-based infrastructure, in particular of the infra
the development of applications for professional or
structure required to control the satellites and process
commercial use by means of improved performance and
the satellite radio-navigation data, and of service centres
data with greater added value than those obtained through
and other ground-based centres, and the related
its open service;
evolutive maintenance and operations;

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(iii) preparations for the exploitation phase, including
(d) certification and standardisation operations associated with
preparatory activities relating to the provision of the
the programme;
services referred to in Article 2(4);
(e) the provision and marketing of the services referred to in
(d) an exploitation phase comprising:
Article 2(5);
(f) all elements justifying the reliability of the system and its
(i) the
management,
maintenance,
continuous
exploitation;
improvement, evolution and protection of the space-
based infrastructure, including replenishment and
obsolescence management;
(g) coordination activities relating to the completion of the
specific objectives pursuant to the second and third subpara
graphs of Article 2(5).
(ii) the
management,
maintenance,
continuous
improvement, evolution and protection of the
ground-based infrastructure, in particular of service
Article 5
centres and other ground-based centres, networks and
Compatibility and interoperability of the systems
sites, including replenishment and obsolescence
management;
1. The
systems,
networks
and
services
resulting
from
the
Galileo and EGNOS programmes shall be compatible and inter
operable from a technical point of view.
(iii) the development of future generations of the system
and the evolution of the services referred to in
2. The
systems,
networks
and
services
resulting
from
the
Article 2(4);
Galileo and EGNOS programmes shall be compatible and inter
operable with other satellite navigation systems and with
(iv) certification and standardisation operations associated
conventional means of radio navigation, where such compati
with the programme;
bility and interoperability requirements are laid down in an
international agreement concluded pursuant to Article 29.
(v) the provision and marketing of the services referred to
Article 6
in Article 2(4);
Ownership
(vi) cooperation with other GNSS; and
The Union shall be the owner of all tangible and intangible
assets created or developed under the Galileo and EGNOS
programmes. To that effect, agreements shall be concluded
(vii) all other activities needed to develop the system and
with third parties, wherever appropriate, with regard to
ensure that the programme runs smoothly.
existing ownership rights.
The exploitation phase shall begin progressively between 2014
The Commission shall ensure, through an appropriate
and 2015 with the provision of the initial services for the open
framework, the optimal use of the assets referred to in this
service, search and rescue service and public regulated service.
Article; in particular, it shall manage the intellectual property
Those initial services shall be gradually improved and the other
rights relating to the Galileo and EGNOS programmes as effec
functions specified in the specific objectives referred to in
tively as possible, taking into account the need to protect and
Article 2(4) shall be gradually implemented with the aim of
give value to the Union's intellectual property rights, the
reaching full operational capability by 31 December 2020.
interests of all stakeholders, and the necessity of harmonious
development of the markets and of new technologies. To that
end, it shall ensure that the contracts entered into, under the
Article 4
Galileo and EGNOS programmes, include the possibility of
The EGNOS exploitation phase
transferring or licensing intellectual property rights arising
from work performed under those programmes to third parties.
The EGNOS exploitation phase mainly comprises:
CHAPTER II
(a) the management, maintenance, continuous improvement,
BUDGETARY CONTRIBUTION AND MECHANISMS
evolution and protection of the space-based infrastructure,
including replenishment and obsolescence management;
Article 7
Activities
(b) the management, maintenance, continuous improvement,
1. The
Union
budgetary
appropriations
assigned
to
the
evolution and protection of the ground-based infrastructure,
Galileo and EGNOS programmes for the period 2014-2020
in particular networks, sites and support facilities, including
under this Regulation shall be granted to finance activities
replenishment and obsolescence management;
relating to:
(c) the development of future generations of the system and the
(a) the completion of the deployment phase of the Galileo
evolution of the services referred to in Article 2(5);
programme as referred to in Article 3(c);

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(b) the exploitation phase of the Galileo programme as referred
2. Member
States
may
make
a
request
to
provide
additional
to in Article 3(d);
funding for the Galileo and EGNOS programmes to cover
additional elements in particular cases, on condition that such
additional elements do not create any financial or technical
(c) the exploitation phase of the EGNOS programme as referred
burden or any delay for the programme concerned. On the
to in Article 4;
basis of a request from a Member State, the Commission
shall decide, in accordance with the examination procedure
referred to in Article 36(3), whether those two conditions
(d) the management and monitoring of the Galileo and EGNOS
have been met. The Commission shall communicate any
programmes.
impact on the Galileo and EGNOS programmes resulting
from the application of this paragraph to the European
Parliament, the Council and the Committee.
2. The
Union
budgetary
appropriations
assigned
to
the
Galileo and EGNOS programmes shall, in accordance with
Article 9(2), also be granted to finance activities relating to
3. Third
countries
and
international
organisations
may
also
research and development of fundamental elements, such as
provide additional funding for the Galileo and EGNOS
Galileo-enabled chipsets and receivers.
programmes. The international agreements referred to in
Article 29 shall stipulate the conditions and arrangements for
their involvement.
3. The
Union
budgetary
appropriations
assigned
to
the
Galileo and EGNOS programmes shall also cover Commission
4. The
additional
funding
referred
to
in
paragraphs
2
and
3
expenditure relating to the preparation, monitoring, inspection,
of this Article shall constitute external assigned revenue in
audit and assessment activities required for the management of
accordance with Article 21(2) of Regulation (EU, Euratom)
the programmes and the implementation of the specific
No 966/2012.
objectives referred to in Article 2(4) and (5). Such expenditure
may cover in particular:
Article 9
(a) studies and meetings with experts;
Resources
1. The financial envelope for the implementation of the
activities referred to in Article 7(1), (2) and (3) and for
(b) information and communication activities, including institu
covering the risks associated with those activities is set at
tional communication on the policy priorities of the Union
EUR 7 071,73 million in current prices for the period from
where they are directly linked to the objectives of this
1 January 2014 to 31 December 2020.
Regulation, with a particular view to creating synergies
with other relevant Union policies;
The annual appropriations shall be authorised by the European
Parliament and the Council within the limits of the multiannual
(c) IT technology networks, with the objective of processing or
financial framework.
transferring data;
The amount referred to in the first subparagraph shall be
(d) any other technical or administrative assistance given to the
broken down in the following categories of expenditure in
Commission for the management of the programmes.
current prices:
(a) for the activities referred to in point (a) of Article 7(1),
4. The costs of the Galileo and EGNOS programmes and of
EUR 1 930 million;
the different phases of those programmes shall be clearly ident
ified. The Commission shall, in accordance with the principle of
transparent management, inform the European Parliament, the
(b) for the activities referred to in point (b) of Article 7(1),
Council and the Committee referred to in Article 36 ("the
EUR 3 000 million;
Committee") on an annual basis of the allocation of Union
funds, including the contingency reserve, to each of the
activities specified in paragraphs 1, 2 and 3 of this Article
(c) for the activities referred to in point (c) of Article 7(1),
and of the use of those funds.
EUR 1 580 million;
Article 8
(d) for the activities referred to in point (d) of Article 7(1) and
in Article 7(3), EUR 561,73 million.
Financing of the Galileo and EGNOS programmes
1. In
accordance
with
Article
9,
the
Union
shall
finance
the 2. Without prejudice to any amounts allocated to the devel
activities relating to Galileo and EGNOS programmes referred to
opment of applications based on the systems within Horizon
in Article 7(1), (2) and (3), to fulfil the objectives as set out in
2020, the budgetary appropriations assigned to the Galileo and
Article 2, without prejudice to any contribution from any other
EGNOS programmes, including assigned revenues, shall finance
funding source, including those referred to in paragraphs 2 and
the activities as referred to in Article 7(2) up to a maximum of
3 of this Article.
EUR 100 million at constant prices.

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3. The
Commission
may
re-allocate
funds
from
one
category (a) a strict division of tasks and responsibilities between the
of expenditure, as laid down in points (a) to (d) of the third
various entities involved, in particular the Commission,
subparagraph of paragraph 1, to another, up to a ceiling of
the European GNSS Agency and ESA, under the overall
10 % of the amount referred to in the first subparagraph of
responsibility of the Commission;
paragraph 1. Where the re-allocation reaches a cumulative
amount greater than 10 % of the amount referred to in the
first subparagraph of paragraph 1, the Commission shall
(b) sincere cooperation between the entities referred to in point
consult the Committee in accordance with the advisory
(a) and the Member States;
procedure referred to in Article 36(2).
The Commission shall inform the European Parliament and the
(c) strong control of programmes, including for strict
Council of any re-allocation of funds between categories of
adherence to cost and schedule by all the entities
expenditure.
involved, within their fields of responsibility, with respect
to the objectives of the Galileo and EGNOS programmes;
4. The
appropriations
shall
be
implemented
in
accordance
with the applicable provisions of this Regulation and Regulation
(d) optimisation and rationalisation of the use of existing struc
(EU, Euratom) No 966/2012.
tures, in order to avoid any duplications of technical
expertise;
5. Budgetary
commitments
for
the
Galileo
and
EGNOS
programmes shall be appropriated in annual instalments.
(e) the use of the best practice project management systems
6. The
Commission
shall
manage
the
financial
resources
and techniques to oversee the implementation of the
referred to in paragraph 1 in a transparent and cost-effective
Galileo and EGNOS programmes, in the light of the
manner. The Commission shall report annually to the European
specific requirements and with the support of experts in
Parliament and the Council on the cost-management strategy
the field.
pursued.
Article 12
Article 10
Commission's role
Revenue generated by the Galileo and EGNOS programmes
1. The
Commission
shall
have
overall
responsibility
for
the
1. Revenue generated by the exploitation of the systems shall
Galileo and EGNOS programmes. It shall manage the funds
be collected by the Union, paid to the Union budget and
allocated under this Regulation and oversee the implementation
allocated to the Galileo and EGNOS programmes, and in
of all programme activities, in particular with respect to their
particular to the objective referred to in Article 2(1). If the
cost, schedule and performance.
income proves to exceed that required to fund the
programme exploitation phases, any adaptation of the
principle of allocation shall be approved by the European
2. In addition to the overall responsibility referred to in
Parliament and the Council on the basis of a proposal from
paragraph 1 and the specific tasks referred to in this Regulation,
the Commission.
the Commission shall:
2. A
revenue-sharing
mechanism
may
be
provided
for
in
contracts concluded with private sector entities.
(a) ensure a clear division of tasks between the various entities
involved in the Galileo and EGNOS programmes and to this
3. The
interest
generated
by
pre-financing
payments
made
to
end it shall allocate the tasks referred to in Article 14(2) and
entities responsible for implementing the budget indirectly shall
Article 15 respectively, in particular by means of delegation
be assigned to activities subject to the delegation agreement or
agreements, to the European GNSS Agency and ESA;
the contract concluded between the Commission and the entity
concerned. In accordance with the principle of sound financial
management, the entities responsible for indirect implemen
(b) ensure the timely implementation of the Galileo and
tation of the budget shall open accounts enabling the funds
EGNOS programmes within the resources allocated to the
and corresponding interest to be identified.
programmes and in accordance with the objectives laid
down in Article 2.
CHAPTER III
PUBLIC GOVERNANCE OF THE GALILEO AND EGNOS
To that end, it shall establish and implement the appropriate
PROGRAMMES
instruments and structural measures necessary to identify,
control, mitigate and monitor the risks associated with the
Article 11
programmes;
Principles for governance of the Galileo and EGNOS
programmes
(c) manage, on behalf of the Union and within its field of
Public governance of the Galileo and EGNOS programmes shall
competence, relationships with third countries and inter
be based on the principles of:
national organisations;

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(d) provide to the Member States and the European Parliament,
(b) ensure that the overall effect of those requirements and
in a timely manner, all relevant information pertaining to
standards will support the successful progress of the
the Galileo and EGNOS programmes, in particular in terms
programmes, in particular in terms of costs, risk
of risk management, overall cost, annual operating costs of
management and schedule;
each significant item of Galileo infrastructure, revenues,
schedule and performance, as well as an overview of the
implementation of the project management systems and
(c) establish coordination mechanisms between the various
techniques referred to in point (e) of Article 11;
bodies involved;
(d) take into account the security standards and requirements in
(e) assess the possibilities for promoting and ensuring the use
force in order not to lower the general level of security and
of the European satellite navigation systems across the
not to affect the functioning of existing systems based on
various sectors of the economy, including by analysing
those standards and requirements.
how to take advantage of the benefits generated by the
systems.
2. Without prejudice to Articles 14 and 16 of this Regu
lation and Article 8 of Decision No 1104/2011/EU, the
Commission shall adopt delegated acts in accordance with
3. For the smooth progress of the deployment and exploi
Article 35, laying down the high level objectives necessary to
tation phases of the Galileo programme and the exploitation
ensure the security of the Galileo and EGNOS programmes
phase of the EGNOS programme referred to respectively in
referred to in paragraph 1.
Articles 3 and 4, the Commission shall lay down, where
necessary, the measures, required to:
3. The
Commission
shall
establish
the
necessary
technical
specifications and other measures to implement the high level
objectives referred to in paragraph 2. Those implementing acts
(a) manage and reduce the risks inherent in the progress of the
shall be adopted in accordance with the examination procedure
Galileo and EGNOS programmes;
referred to in Article 36(3).
4. EEAS shall continue to assist the Commission, in the
(b) define the key decision stages to monitor and evaluate the
exercise of its functions in the area of external relations, in
implementation of the programmes;
accordance with Article 2(2) of Decision 2010/427/EU.
(c) determine the location of the ground-based infrastructure of
Article 14
the systems in accordance with security requirements,
The role of the European GNSS Agency
following an open and transparent process and ensure its
operation;
1. In
accordance
with
the
guidelines
laid
down
by
the
Commission, the European GNSS Agency shall:
(d) determine the technical and operational specifications
(a) ensure, with regard to the security of the Galileo and
necessary to fulfil the functions referred to in points (b)
EGNOS programmes, and without prejudice to Articles 13
and (c) of Article 2(4) and to implement systems evolutions.
and 16:
(i) through its Security Accreditation Board, the security
Those implementing acts shall be adopted in accordance with
accreditation in accordance with Chapter III of Regu
the examination procedure referred to in Article 36(3).
lation (EU) No 912/2010; accordingly, it shall initiate
and monitor the implementation of security procedures
and perform system security audits;
Article 13
Security of the systems and their operation
(ii) the operation of the Galileo Security Monitoring Centre,
as referred to in Article 6(d) of Regulation (EU)
1. The Commission shall ensure the security of the Galileo
No 912/2010, in accordance with the standards and
and EGNOS programmes, including the security of the systems
requirements referred to in Article 13 of this Regulation
and their operation. To that effect, the Commission shall:
and the instructions pursuant to Joint Action
2004/552/CFSP;
(a) take into account the need for the oversight and integration
(b) perform the tasks provided for in Article 5 of Decision
within all the programmes of security-related requirements
No 1104/2011/EU, and assist the Commission in
and standards;
accordance with Article 8(6) of that Decision;

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(c) contribute, in the context of the deployment and exploi
inadequate implementation of contracts in terms of costs,
tation phases of the Galileo programme and the exploitation
schedule and performance, as well as the rules regarding
phase of the EGNOS programme, to the promotion and
ownership of all tangible and intangible assets.
marketing of the services referred to in Article 2(4) and
(5), including by carrying out the necessary market
analysis, in particular through the market report produced
annually by the European GNSS Agency on the market for
The monitoring and control measures shall, in particular,
applications and services, by establishing close contacts with
provide for a provisional cost forecast system, for systematic
users and potential users of the systems with a view to
information to the Commission on costs and schedule, and, in
collecting information on their needs, by following devel
the event of a discrepancy between the planned budgets,
opments in satellite navigation downstream markets, and by
performance and schedule, for corrective action ensuring the
drawing up an action plan for the uptake by user
implementation of the infrastructures within the limits of the
community of the services referred to in Article 2(4) and
budgets allocated.
(5), comprising in particular relevant actions relating to
standardisation and certification.
4. The
European
GNSS
Agency
shall
enter
into
the
working
arrangements with ESA that are necessary for the fulfilment of
2. The
European
GNSS
Agency
shall
also
perform
other
tasks their respective tasks under this Regulation for the exploitation
relating to the implementation of the Galileo and EGNOS
phase of the Galileo and EGNOS programmes. The Commission
programmes, including programme management tasks, and
shall inform the European Parliament, the Council and the
shall be accountable for them. Those tasks shall be entrusted
Committee of such working arrangements concluded by the
to it by the Commission by means of a delegation agreement
European GNSS Agency and any changes thereto. Whenever
adopted on the basis of a delegation decision, in accordance
appropriate, the European GNSS Agency may also consider
with Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012
having recourse to other public or private sector entities.
and shall include:
5. In
addition
to
the
tasks
referred
to
in
paragraphs
1
and
2
(a) operational activities including systems infrastructure
and within the scope of its mission, the European GNSS Agency
management, maintenance and continuous improvement
shall provide the Commission with its technical expertise and
of the systems, certification and standardisation operations
supply any information necessary for the performance of its
and provision of the services referred to in Article 2(4)
tasks under this Regulation, including for the assessment of
and (5);
the possibility of promoting and ensuring the use of the
systems referred to in point (e) of Article 12(2).
(b) development and deployment activities for the evolution
and future generations of the systems, and contribution to
6. The
Committee
shall
be
consulted
on
the
delegation
the definition of service evolutions, including procurement;
decision referred to in paragraph 2 of this Article, in accordance
with the advisory procedure referred to in Article 36(2). The
European Parliament, the Council and the Committee shall be
(c) promoting the development of applications and services
informed in advance of the delegation agreements to be
based on the systems, as well as raising awareness of such
concluded by the Union, as represented by the Commission,
applications and services, including identifying, connecting
and the European GNSS Agency.
and coordinating the network of European centres of
excellence in GNSS applications and services, drawing on
public and private sector expertise, and evaluating measures
7. The
Commission
shall
inform
the
European
Parliament,
relating to such promotion and awareness-raising;
the Council and the Committee of the interim and final
results of the evaluation of any procurement tenders and of
any contracts with private sector entities, including the
(d) promoting the development of fundamental elements, such
information relating to subcontracting.
as Galileo-enabled chipsets and receivers.
Article 15
3. The
delegation
agreement
referred
to
in
paragraph
2
shall
The role of the European Space Agency
confer an appropriate level of autonomy and authority on the
European GNSS Agency, with particular reference to the
1. For the deployment phase of the Galileo programme as
contracting authority, within the framework of Article 58(1)(c)
referred to in Article 3(c), the Commission shall conclude a
and Article 60 of Regulation (EU, Euratom) No 966/2012. In
delegation agreement without delay with ESA detailing the
addition, it shall lay down general conditions for the
latter's tasks, in particular as regards the design, development
management of the funds entrusted to the European GNSS
and procurement of the system. The delegation agreement with
Agency and, in particular, the actions to be implemented, the
ESA shall be concluded on the basis of a delegation decision
relevant financing, management procedures, monitoring and
adopted by the Commission in accordance with Article 58(1)(c)
control measures, the measures applicable in the event of
of Regulation (EU, Euratom) No 966/2012.

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The delegation agreement shall, insofar as necessary for the
respectively, the Commission may request from ESA technical
tasks and budget implementation delegated, lay down the
expertise and information necessary for the performance of its
general conditions for the management of the funds entrusted
tasks under this Regulation.
to ESA, and, in particular, the actions to be implemented as
regards the design, development and procurement of the
system, the relevant financing, management procedures and
monitoring and control measures, the measures applicable in
CHAPTER IV
the event of inadequate implementation of contracts in terms of
ASPECTS RELATING TO THE SECURITY OF THE UNION OR OF
costs, schedule and performance, as well as the rules regarding
THE MEMBER STATES
ownership of all tangible and intangible assets.
Article 16
Joint Action
The monitoring and control measures shall, in particular,
provide for a provisional cost forecast system, for systematic
Whenever the security of the Union or its Member States may
information to the Commission on costs and schedule, and, in
be affected by the operation of the systems, the procedures set
the event of a discrepancy between the planned budgets,
out in Joint Action 2004/552/CFSP shall apply.
performance and schedule, for corrective action ensuring the
implementation of the infrastructures within the limits of the
budgets allocated.
Article 17
Application of the rules on classified information
2. The
Committee
shall
be
consulted
on
the
delegation Within the scope of this Regulation:
decision referred to in paragraph 1 of this Article, in accordance
with the advisory procedure referred to in Article 36(2). The
European Parliament, the Council and the Committee shall be
informed in advance of the delegation agreement to be
(a) each Member State shall ensure that its national security
concluded by the Union, as represented by the Commission,
regulations offer a degree of protection of EU classified
and ESA.
information equivalent to that provided by the rules on
security as set out in the Annex to Decision 2001/844/EC,
ECSC, Euratom and by the security rules of the Council set
out in the Annexes to Decision 2013/488/EU;
3. The
Commission
shall
inform
the
European
Parliament,
the Council and the Committee of the interim and final
results of the evaluation of the procurement tenders and of
the contracts with private sector entities to be concluded by
(b) Member States shall without delay inform the Commission
ESA, including the information relating to subcontracting.
of the national security regulation as referred to in point (a);
4. For the exploitation phase of the Galileo and EGNOS
(c) natural persons resident in and legal persons established in
programmes as referred to in Article 3(d) and Article 4, the
third countries may deal with EU classified information
working arrangements between the European GNSS Agency
regarding the Galileo and EGNOS programmes only where
and ESA, referred to in Article 14(4) shall address the role of
they are subject, in those countries, to a security regulation
ESA during that phase and its co-operation with the European
ensuring a degree of protection at least equivalent to that
GNSS Agency, in particular as regards:
provided by the Commission's rules on security set out in
the Annex to Decision 2001/844/EC, ECSC, Euratom and
by the security rules of the Council set out in the Annexes
to Decision 2013/488/EU. The equivalence of the security
(a) conception, design, monitoring, procurement and validation
regulation applied in a third country or international organi
in the framework of the development of future generations
sation shall be defined in a security of information
of the systems;
agreement between the Union and that third country or
international organisation in accordance with the
procedure provided for in Article 218 TFEU and taking
(b) technical support in the framework of operation and main
into account Article 13 of Decision 2013/488/EU;
tenance of the existing generation of the systems.
(d) without prejudice to Article 13 of Decision 2013/488/EU
Those arrangements shall comply with Regulation (EU,
and to the rules governing the field of industrial security as
Euratom) No 966/2012 and with the measures laid down by
set out in the Annex to Decision 2001/844/EC, ECSC,
the Commission in accordance with Article 12(3).
Euratom, a natural person or legal person, third country
or international organisation may be given access to EU
classified information where deemed necessary on a case
by case basis, according to the nature and content of such
5. Without
prejudice
to
the
delegation
agreement
and
the
information, the recipient's need-to-know and the degree of
working arrangements referred to in paragraphs 1 and 4
advantage to the Union.

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CHAPTER V
SECTION 2
PUBLIC PROCUREMENT
Specific provisions applicable to public procurement conducted
as part of the deployment and exploitation phases of the
SECTION I
Galileo programme and the exploitation phase of the EGNOS
General provisions applicable to public procurement conducted
programme
as part of the deployment and exploitation phases of the
Article 20
Galileo programme and the exploitation phase of the EGNOS
programme
Establishing fair competition conditions
Article 18
The contracting authority shall take the appropriate measures to
ensure fair competition conditions when the previous
General principles
involvement of a company in activities associated with the
Without prejudice to measures required to protect the essential
subject of the call for tender:
interests of the security of the Union or public security or to
comply with Union export control requirements, Regulation
(EU, Euratom) No 966/2012 shall apply to the deployment
(a) may confer significant advantages on that company in terms
and exploitation phases of the Galileo programme and the
of privileged information and therefore may give rise to
exploitation phase of the EGNOS programme. Moreover, the
concerns as to compliance with the principle of equal
following general principles shall also apply to the deployment
treatment; or
and exploitation phases of the Galileo programme and to the
exploitation phase of the EGNOS programme: open access and
(b) affect normal competition conditions or the impartiality and
fair competition throughout the industrial supply chain,
objectivity of the award or performance of the contracts.
tendering on the basis of the provision of transparent and
timely information, clear communication of the applicable
procurement rules, selection and award criteria and any other
These measures shall not distort competition, or jeopardise
relevant information allowing a level-playing field for all
equal treatment or the confidentiality of data collected about
potential bidders.
undertakings, their business relations and cost structure. In that
context, those measures shall take into account the nature and
particulars of the intended contract.
Article 19
Specific objectives
Article 21
During the procurement procedure, the following objectives
Security of information
shall be pursued by the contracting authorities in their calls
for tender:
When contracts involve, require and/or contain classified
information, the contracting authority shall specify in the
tender documents the measures and requirements necessary to
ensure the security of such information at the requisite level.
(a) to promote the widest and most open participation possible
throughout the Union by all economic operators, in
particular by new entrants and SMEs, including through
Article 22
encouraging recourse to sub-contracting by the tenderers;
Reliability of supply
The contracting authority shall specify in the tender documents
(b) to avoid possible abuse of a dominant position and reliance
its requirements in relation to the reliability of supplies and of
on a single supplier;
the provision of services for the execution of the contract.
Article 23
(c) to take advantage of prior public sector investments and
lessons learned, as well as industrial experience and compet
Conditional stage-payment contracts
ences, including that acquired in the definition, development
1. The
contracting
authority
may
award
a
contract
in
the
and validation and deployment phases of the Galileo and
form of a conditional stage-payment contract.
EGNOS programmes, while ensuring that competitive
tendering rules are complied with;
2. A conditional stage-payment contract shall include a fixed
stage which shall be accompanied by a budgetary commitment
which results in a firm commitment to provide the works,
(d) to pursue multiple sourcing wherever appropriate in order
supplies or services contracted for that stage, and one or
to ensure better overall control of the Galileo and EGNOS
more stages which are conditional in terms of both budget
programmes, their costs and schedule;
and execution. The tender documents shall refer to the
specific features of conditional stage-payment contracts. In
particular, they shall specify the subject-matter of the contract,
(e) to take into account wherever appropriate the total cost
the price or the arrangements for determining the price and the
over the useful lifecycle of the product, service or work
arrangements for the provision of works, supplies and services
being tendered.
at each stage.

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3. The
fixed
stage
obligations
shall
be
part
of
a
consistent exceeded only in duly justified exceptional circumstances subject
whole; the same shall be true for the obligations under each
to prior agreement by the contracting authority.
conditional stage, taking into account the obligations under the
previous stages.
4. The
tender
documents
of
a
procurement
procedure
for
a
full or partial cost-reimbursement contract shall specify:
4. The
performance
of
each
conditional
stage
shall
be
subject
to a decision by the contracting authority, notified to the
contractor in accordance with the contract. When a conditional
(a) the type of contract, namely whether it is a full or partial
stage is confirmed late or is not confirmed, the contractor may
cost-reimbursement contract up to a ceiling price;
benefit, if the contract so provides and under the conditions laid
down therein, from a tide-over allowance or a non-execution
allowance.
(b) for a partial cost-reimbursement contract, the elements of
the contract subject to cost-reimbursement;
5. Where,
with
regard
to
a
particular
stage,
the
contracting
authority finds that works, supplies, or services agreed for that
(c) the total ceiling price;
stage have not been completed, it may claim damages and
terminate the contract, if the contract so provides and under
the conditions laid down therein.
(d) the award criteria, which must enable an evaluation of the
plausibility of the estimated overall budget, of the
reimbursable costs, of the mechanisms for determining
those costs, and the profit referred to in the tender to be
Article 24
evaluated;
Cost-reimbursement contracts
1. The
contracting
authority
may
opt
for
a
full
or
partial (e) the mechanics of the increase referred to in paragraph 1 to
cost-reimbursement contract up to a ceiling price, under the
be applied to direct costs;
conditions laid down in paragraph 2.
(f) the rules and procedures which determine the eligibility of
The price to be paid for such contracts shall consist of
the costs planned by the tenderer for the performance of
reimbursement of all direct costs incurred by the contractor
the contract, in accordance with the principles set out in
in performing the contract, such as expenditure on labour,
paragraph 5;
materials, consumables, and use of the equipment and infra
structures necessary to perform the contract. These costs shall
be increased by a fixed fee covering indirect costs and the profit,
(g) the accounting rules with which tenderers must comply;
or a sum covering indirect costs and incentive fee compensation
based on achieving objectives in respect of performance and
delivery schedules.
(h) in the case of a partial cost-reimbursement contract to be
converted into a firm fixed-price contract, the parameters
for such conversion.
2. The
contracting
authority
may
opt
for
a
full
or
partial
cost-reimbursement contract when it is objectively impossible
to specify an accurate fixed price and if it can be reasonably
5. The costs declared by the contractor during the
shown that such a fixed price would be abnormally high due to
performance of a full or partial cost-reimbursement contract
the uncertainties inherent in performance of the contract
shall only be eligible if they:
because:
(a) are actually incurred in the course of the contract, with the
(a) the contract has very complex features or features which
exception of the costs for the equipment, infrastructures and
require the use of a new technology and, therefore,
intangible fixed assets necessary for performance of the
includes a significant number of technical risks; or
contract which may be deemed eligible up to the whole
of their purchase value;
(b) the activities subject to the contract must, for operational
(b) are referred to in the estimated overall budget which may be
reasons, start immediately even though it is not yet possible
revised by amendments to the initial contract;
to determine a firm fixed price in full due to significant risks
or because the performance of the contract depends in part
on the performance of other contracts.
(c) are necessary for the performance of the contract;
3. The
ceiling
price
for
a
full
or
partial
cost-reimbursement (d) result from and are attributable to the performance of the
contract shall be the maximum price payable. It may be
contract;

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(e) are identifiable, verifiable, recorded in the contractor's
Article 25
accounting record and determined in accordance with the
accounting standards referred to in the specifications and in
Amendments
the contract;
The contracting authority and the contractors may change the
contract by an amendment on condition that the amendment
fulfils all of the following conditions:
(f) comply with the requirements of applicable tax and social
law;
(a) it does not alter the subject-matter of the contract,
(g) do not derogate from the terms of the contract;
(b) it does not disturb the economic balance of the contract,
(h) are reasonable, justified, and comply with the requirements
(c) it does not introduce conditions which, if they had appeared
of sound financial management, in particular regarding
initially in the contract documents, would have allowed for
economy and efficiency.
the admission of tenderers other than those initially
admitted or would have allowed for the acceptance of a
tender other than the one initially accepted.
The contractor shall be responsible for its own cost accounting,
keeping sound accounting records or any other document
Article 26
required to show that the costs for which reimbursement is
requested have been incurred and comply with the principles
Subcontracting
set out in this Article. Costs which cannot be substantiated by
the contractor shall be deemed ineligible and their
1. The
contracting
authority
shall
request
the
tenderer
to
reimbursement shall be refused.
subcontract a share of the contract by competitive tendering
at the appropriate levels of sub-contracting to companies
other than those that belong to the tenderer's group in
6. The
contracting
authority
shall
be
responsible
for
the particular to new entrants and SMEs.
following tasks in order to ensure correct performance of
cost-reimbursement contracts:
2. The
contracting
authority
shall
express
the
requisite
share
of the contract to be subcontracted in the form of a range from
a minimum to a maximum percentage. It shall ensure that such
(a) determining the most realistic possible ceiling price, while
percentages are proportionate to the objective and value of the
providing the necessary flexibility to account for technical
contract, taking into account the nature of the sector of activity
difficulties;
concerned, and in particular, the competitive conditions and the
industrial potential observed.
(b) converting a partial cost-reimbursement contract into a full
firm fixed-price contract as soon as it is possible to
3. If
the
tenderer
indicates
in
its
tender
that
it
intends
not
to
determine such a firm fixed-price during performance of
sub-contract any share of the contract or to subcontract a share
the contract. For that reason, it shall determine the
smaller than the minimum range referred to in paragraph 2, it
conversion parameters to convert a contract concluded on
shall provide the reasons therefore to the contracting authority.
a cost-reimbursement basis to a firm fixed-price contract;
The contracting authority shall submit that information to the
Commission.
(c) implementing monitoring and control measures which
4. The
contracting
authority
may
reject
subcontractors
provide, in particular, an estimated cost forecast system;
selected by the candidate at the stage of the main contract
award procedure or by the tenderer selected for the
performance of the contract. It shall justify its rejection in
(d) determining suitable principles, tools and procedures for the
writing, which may be based only on the criteria used for
performance of the contract, in particular for identifying
selection of tenderers for the main contract.
and checking the eligibility of the costs declared by the
contractor or its subcontractors during the performance of
the contract, and for introducing amendments to the
CHAPTER VI
contract;
MISCELLANEOUS PROVISIONS
Article 27
(e) checking that the contractor and its subcontractors comply
Programming
with the accounting standards stipulated in the contract and
with the obligation to provide their accounting documents
The Commission shall adopt an annual work programme in the
which should present a true and fair view of the accounts;
form of an implementation plan of the actions required to meet
the specific objectives of the Galileo programme laid down in
Article 2(4) according to the phases set out in Article 3 and the
(f) throughout the performance of the contract, continuously
specific objectives of the EGNOS programme laid down in
ensuring the effectiveness of the principles, tools and
Article 2(5). The annual work programme shall also provide
procedures referred to in point (d).
for the funding of those actions.

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Those implementing measures shall be adopted in accordance
accordance with the applicable law on personal data protection,
with the examination procedure referred to in Article 36(3).
in particular Regulation (EC) No 45/2001 of the European
Parliament and of the Council ( 2 ) and Directive 95/46/EC of
the European Parliament and of the Council ( 3 ).
Article 28
Member States' action
Article 32
The Member States shall take all necessary measures to ensure
the good functioning of the Galileo and EGNOS programmes
Protection of the Union's financial interests
including measures to ensure the protection of the ground
1. The
Commission
shall
take
the
appropriate
measures
to
stations established on their territories which shall be at least
ensure that the financial interests of the Union are protected
equivalent to those required for the protection of European
when actions financed under this Regulation are implemented,
critical infrastructures within the meaning of Council Directive
by the application of preventive measures against fraud,
2008/114/EC ( 1 ). The Member States shall not take any
corruption and any other illegal activities, by effective checks
measures which could be detrimental to the programmes or
and, if irregularities are detected, by the recovery of amounts
the services provided through their exploitation, in particular
unduly paid and, if necessary, by effective, proportionate and
in terms of the continuity of the operation of the infrastruc
dissuasive penalties.
tures.
2. The
Commission
or
its
representatives
and
the
Court
of
Article 29
Auditors shall have the power of audit, on the basis of
International agreements
document and on-the-spot checks, over all grant beneficiaries,
contractors and subcontractors who have received Union funds
The Union may enter into agreements with third countries and
under this Regulation.
international organisations in the context of the Galileo and
EGNOS programmes in accordance with the procedure laid
down in Article 218 TFEU.
The European Anti-fraud Office (OLAF) may carry out investi
gations, including on-the-spot checks and inspections of
economic operators directly or indirectly concerned by such
Article 30
funding in accordance with the provisions and procedures laid
Technical assistance
down in Regulation (EU, Euratom) No 883/2013 of the
European Parliament and of the Council ( 4 ) and Council Regu
In order to carry out the technical tasks referred to in
lation (Euratom, EC) No 2185/96 ( 5 ) with a view to establishing
Article 12(2), the Commission may have recourse to the
whether there has been fraud, corruption or any other illegal
necessary technical assistance, in particular to the capacity and
activity affecting the financial interests of the Union in
expertise of the national agencies competent in the space sector,
connection with a grant agreement or decision or a contract
or the assistance of independent experts and bodies capable of
concerning Union financing.
providing impartial analyses and opinions on the progress of
the Galileo and EGNOS programmes.
Without prejudice to the first and second subparagraphs, inter
national agreements with third countries and with international
The entities involved in the public governance of the
organisations, grant agreements, grant decisions and contracts
programmes, other than the Commission, in particular, the
resulting from the application of this Regulation shall contain
European GNSS Agency and ESA, may also receive the same
provisions expressly empowering the Commission, the Court of
technical assistance in performing the tasks entrusted to them
Auditors and OLAF to conduct such audits and investigations in
under this Regulation.
accordance with their respective competences.
( 2 ) Regulation (EC) No 45/2001 of the European Parliament and of the
Article 31
Council of 18 December 2000 on the protection of individuals with
regard to the processing of personal data by the Community insti
Personal data and privacy protection
tutions and bodies and on the free movement of such data (OJ L 8,
12.1.2001, p. 1).
1. The
Commission
shall
ensure
that
personal
data
and ( 3 ) Directive 95/46/EC of the European Parliament and of the Council
privacy are protected during the design, implementation and
of 24 October 1995 on the protection of individuals with regard to
exploitation of the systems and that the appropriate safeguards
the processing of personal data and on the free movement of such
are included therein.
data (OJ L 281, 23.11.1995, p. 31).
( 4 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament
and of the Council of 11 September 2013 concerning investigations
conducted by the European Anti-Fraud Office (OLAF) and repealing
2. All
personal
data
handled
in
the
context
of
the
tasks
and
Regulation (EC) No 1073/1999 of the European Parliament and of
activities provided for in this Regulation shall be processed in
the Council and Council Regulation (Euratom) No 1074/1999
(OJ L 248, 18.9.2013, p. 1).
( 5 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November
( 1 ) Council Directive 2008/114/EC of 8 December 2008 on the identi
1996 concerning on-the-spot checks and inspections carried out
fication and designation of European critical infrastructures and the
by the Commission in order to protect the European Communities'
assessment of the need to improve their protection (OJ L 345,
financial interests against fraud and other irregularities (OJ L 292,
23.12.2008, p. 75).
15.11.1996, p. 2).

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Article 33
the European Parliament and the Council, with a view to a
decision being taken on the renewal, modification or suspension
Information to the European Parliament and to the Council
of the measures taken pursuant to this Regulation concerning:
1. The
Commission
shall
ensure
the
implementation
of
this
Regulation. Each year, when it presents the preliminary draft
budget, it shall present a report to the European Parliament and
(a) achieving the objectives of those measures, from the point
to the Council on the implementation of the Galileo and
of view of both results and impacts;
EGNOS programmes. That report shall contain all information
pertaining to the programmes, in particular in terms of risk
(b) effectiveness of the use of resources;
management, overall cost, annual operating cost, revenues,
schedule and performance, as referred to in point (d) of
Article 12(2) and as regards the functioning of the delegation
(c) European added value.
agreements concluded pursuant to Articles 14(2) and 15(1). It
shall include:
The evaluation shall also address technological developments
relating to the systems, the scope for simplification, its
(a) an overview of the allocation and use of funds allocated to
internal and external coherence, the relevance of all objectives,
the programmes as referred to in Article 7(4);
as well as the contribution of the measures to the Union
priorities of smart, sustainable and inclusive growth. It shall
take into account the results of the evaluation on the long-
term impact of the previous measures.
(b) information on the cost management strategy pursued by
the Commission as referred to in Article 9(6);
2. The
evaluation
shall
take
into
account
progress
made
with
regard to the specific objectives of the Galileo and EGNOS
programmes laid down in Article 2(4) and (5), respectively,
(c) an assessment of intellectual property rights management;
on the basis of performance indicators such as:
(d) an overview of the implementation of the project
(a) for Galileo and as regards:
management systems and techniques, including risk
management systems and techniques, as referred to in
point (d) of Article 12(2);
(i) its infrastructure deployment:
— number and availability of operational satellites, and
(e) an evaluation of the measures taken to maximise the socio-
number of available on-ground spare satellites
economic benefits of the programmes.
versus number of planned satellites referred to in
the delegation agreement;
2. The
Commission
shall
inform
the
European
Parliament
— actual availability of the elements of the ground-
and the Council of the interim and final results of the
based infrastructure (such as ground stations,
evaluation of the procurement tenders and of the contracts
control centres) versus planned availability;
with private sector entities performed by the European GNSS
Agency and ESA pursuant to Article 14(7) and Article 15(3)
respectively.
(ii) service level:
— service availability map per service versus service
It shall also inform the European Parliament and the Council:
definition document;
(a) of any re-allocation of funds between categories of expen
(iii) cost:
diture performed pursuant to Article 9(3);
— cost performance index per major cost item of the
programme based on a ratio comparing actual cost
(b) of any impact on the Galileo and EGNOS programmes
with budgeted cost;
resulting from the application of Article 8(2).
(iv) schedule:
Article 34
Review of the implementation of this Regulation
— schedule performance index per major item of the
programme based on comparing budgeted cost of
1. By
30
June
2017,
the
Commission
shall
present
an
work performed with budgeted cost of work
evaluation report on the implementation of this Regulation to
scheduled;

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/21
(v) market level:
of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
— market trend based on the percentage of Galileo
therein. It shall not affect the validity of any delegated acts
and EGNOS receivers in the total number of
already in force.
receiver models included in the market report
provided by the European GNSS Agency referred
to in point (c) of Article 14(1).
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
(b) for EGNOS and as regards:
Council.
(i) its coverage extension:
5. A
delegated
act
adopted
pursuant
to
Article
13(2)
shall
enter into force only if no objection has been expressed either
— progress of the coverage extension versus agreed
by the European Parliament or the Council within a period of
coverage extension plan;
two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that
(ii) service level:
period, the European Parliament and the Council have both
informed the Commission that they will not object. That
period shall be extended by two months at the initiative of
— service availability index based on the number of
the European Parliament or the Council.
airports with EGNOS-based approach procedures
with an operational status versus the total number
of airports with EGNOS-based approach procedures;
Article 36
Committee Procedure
(iii) cost:
1. The
Commission
shall
be
assisted
by
a
Committee.
That
Committee shall be a committee within the meaning of Regu
— cost performance index based on a ratio comparing
lation (EU) No 182/2011.
actual cost with budgeted cost;
(iv) schedule:
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
Regulation (EU) No 182/2011 shall apply.
— schedule performance index based on comparing
budgeted cost of work performed with budgeted
cost of work scheduled.
3. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
3. The
bodies
involved
in
the
implementation
of
this
Regu
lation shall provide the Commission with the data and
information necessary to enable the actions concerned to be
4. Representatives
of
the
European
GNSS
Agency
and
ESA
monitored and evaluated.
shall be involved as observers in the work of the Committee
under the conditions laid down in its rules of procedure.
CHAPTER VII
DELEGATION AND IMPLEMENTING MEASURES
5. International
agreements
concluded
by
the
Union
in
Article 35
accordance with Article 29 may provide for the involvement,
as appropriate, of representatives of third countries or inter
Exercise of the delegation
national organisations in the work of the Committee under
1. The
power
to
adopt
delegated
acts
is
conferred
on
the the conditions laid down in its rules of procedure.
Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in
6. The
Committee
shall
meet
regularly,
preferably
four
times
Article 13(2) shall be conferred on the Commission for an
per year, on a quarterly basis. The Commission shall provide a
indeterminate period from 1 January 2014.
report on programme progress at each meeting. Those reports
shall give a general overview of programme status and devel
opments, in particular in terms of risk management, cost,
3. The
delegation
of
power
referred
to
in
Article
13(2)
may schedule and performance. At least once a year, those reports
be revoked at any time by the European Parliament or by the
shall include the performance indicators referred to in
Council. A decision to revoke shall put an end to the delegation
Article 34(2).

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L 347/22
EN
Official Journal of the European Union
20.12.2013
CHAPTER VIII
3. References
to
the
repealed
Regulation
(EC)
No
683/2008
shall be construed as references to this Regulation and shall be
FINAL PROVISIONS
read in accordance with the correlation table set out in the
Article 37
Annex hereto.
Repeals
Article 38
1. Regulations
(EC)
No
876/2002
and
(EC)
No
683/2008
shall be repealed with effect from 1 January 2014.
Entry into force
This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European
2. Any
measure
adopted
on
the
basis
of
Regulation
(EC) Union.
No 876/2002 or Regulation (EC) No 683/2008 shall remain
in force.
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/23
ANNEX
CORRELATION TABLE
Regulation (EC) No 683/2008 This
Regulation
Article 1 Article
2
Article 2 Article
1
Article 3 Article
3
Article 4 Article
8
Article 5 Article
4
Article 6 Article
8
Article 7 Article
5
Article 8 Article
6
Article 9 Article
7
Article 10 Article
9
Article 11 Article
10
Article 12(1) Article
11
Article 12(2) and (3) Article
12
Article 13(1), (2) and (3) Article
13
Article 13(4) Article
16
Article 14 Article
17
Article 15 Article
27
Article 16 Article
14
Article 17 Articles
18
to
26
Article 18 Article
15
Article 19 (1) to (4) Article
36
Article 19 (5) Article
35
Article 20 Article
31
Article 21 Article
32
Article 22 Article
33
Article 23
Article 24 Article
38
Annex Article
1

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L 347/24
EN
Official Journal of the European Union
20.12.2013
Joint declaration
by the European Parliament, the Council and the European Commission on the GALILEO INTERINSTITUTIONAL
PANEL (GIP)
1. In view of the importance, uniqueness and complexity of the European GNSS programmes, the Union
ownership of systems resulting from the programmes, the full financing of the Union budget of the
programmes for the period 2014-2020, the European Parliament, the Council, and the European
Commission recognise the need for close cooperation of the three institutions.
2. A Galileo Interinstitutional Panel (GIP) will meet with the objective to facilitate each institution exercising
its respective responsibility. To this end, the GIP will be set up in order to follow closely:
(a) the progress on the implementation of the European GNSS programmes, in particular with regard to
the implementation of the procurement and the contract agreements, in particular with regard to the
ESA;
(b) the International Agreements with third countries without prejudice to the provisions of Article 218
of the Treaty on the Functioning of the European Union;
(c) the preparation of satellite navigation markets;
(d) the effectiveness of the governance arrangements; and
(e) the annual review of the work programme.
3. In accordance with existing rules, the GIP will respect the need for discretion in particular in view of the
commercial-in-confidence and sensitive nature of certain data.
4. The Commission will take account of the views expressed by the GIP.
5. The GIP will be composed of seven representatives, of which:
— three from the Council,
— three from the EP,
— one from the Commission,
and will meet on a regular basis (in principle four times per year).
6. The GIP does not affect the established responsibilities or interinstitutional relationships.

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