Regulation (EU) No 911/2010 of the European Parliament and of the Council (repealed)Show full title

Regulation (EU) No 911/2010 of the European Parliament and of the Council

of 22 September 2010

on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)

(Text with EEA relevance) (repealed)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) At its meeting of 15 and 16 June 2001 in Gothenburg, the European Council agreed on a strategy for sustainable development, in order to mutually reinforce economic, social and environmental policies and added an environmental dimension to the Lisbon process.

(2) In its Resolution of 21 May 2007 on the European Space Policy(3) adopted at the fourth joint and concomitant meeting of the Council of the European Union and of the Council of the European Space Agency at ministerial level established in accordance with Article 8(1) of the Framework Agreement between the European Community and the European Space Agency(4) (the ‘Space Council’), the Council recognised the actual and potential contributions from space activities towards the Lisbon strategy for growth and employment by providing enabling technologies and services for the emerging European knowledge society and contributing to European cohesion, and underlined that space represents a significant element of Europe’s Sustainable Development Strategy.

(3) The Resolution ‘Taking forward the European Space Policy’(5) of 26 September 2008 adopted at the fifth joint and concomitant meeting of the Space Council stressed the need to develop adequate EU instruments and funding schemes, taking into account the specificities of the space sector, the need to strengthen its overall and its industry’s competitiveness and the necessity of a balanced industrial structure; and to allow appropriate long-term Union investment for space-related research and for the operation of sustainable space-based applications for the benefit of the Union and its citizens, in particular by examining all space-related policy consequences within the framework of the next financial perspective.

(4) The European Parliament resolution of 20 November 2008 on the European space policy: how to bring space down to earth(6) stressed the need to find adequate EU instruments and funding schemes for the European Space Policy to supplement the allocations from the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (the Seventh Framework Programme), so as to allow the different economic actors to plan their actions in the medium and long term and emphasised that the next financial framework should take into account adequate EU instruments and funding schemes to allow long-term Union investment for space-related research and for the operation of sustainable space-based applications for the benefit of the Union and its citizens.

(5) Global Monitoring for Environment and Security (GMES) has been an Earth monitoring initiative led by the Union and carried out in partnership with the Member States and the European Space Agency (ESA). Its primary objective is to provide, under Union control, information services which give access to accurate data and information in the field of the environment and security and are tailored to the needs of users. In doing so, GMES should foster better exploitation of the industrial potential of policies of innovation, research and technological development in the field of Earth observation. GMES should be, inter alia, a key tool to support biodiversity, ecosystem management, and climate change mitigation and adaptation.

(6) In order to achieve the objective of GMES on a sustainable basis, it is necessary to coordinate the activities of the various partners involved in GMES, and to develop, establish and operate service and observation capacity meeting the demands of users, without prejudice to relevant national and European security restrictions.

(7) In this context, a committee should assist the Commission in ensuring the coordination of contributions to GMES by the Union, the Member States and inter-governmental agencies, making the best use of existing capacities and identifying gaps to be addressed at Union level. It should also assist the Commission in monitoring the coherent implementation of GMES. It should monitor the evolution of policy and enable exchanges of good practice in GMES.

(8) The Commission should be responsible for the implementation of the GMES security policy, assisted by the Committee. For that purpose, a specific configuration of the Committee (the ‘Security Board’) should be set up.

(9) GMES should be user driven, thus requiring the continuous, effective involvement of users, particularly regarding the definition and validation of service requirements. In order to increase the value of GMES to users, their input should be actively sought through regular consultation with end-users from the public and private sectors. A dedicated body (the ‘User Forum’) should also be established to facilitate the identification of user requirements, the verification of service compliance and the coordination of GMES with its public sector users.

(10) For the purpose of providing for a framework ensuring full and open access to information produced by GMES services and data collected through GMES infrastructure, while providing for the necessary protection of that information and data, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) in respect of registration and licensing conditions for GMES users and of criteria for restriction of access to GMES data and information, while taking into account the data and information policies of providers of data needed for GMES, and without prejudice to national rules and procedures applicable to space and in-situ infrastructures under national control. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(11) In order to ensure uniform conditions for implementation of this Regulation and of the delegated acts adopted on the basis of this Regulation, implementing powers should be conferred on the Commission to adopt, on the basis of the conditions and criteria established by delegated acts, specific measures on restricting access to the information produced by the GMES services and to data collected through the GMES dedicated infrastructure, including individual measures taking into account the sensitivity of the information and data in question. Implementing powers should also be conferred on the Commission to coordinate the voluntary contributions of Member States and the potential synergies with relevant national, Union and international initiatives, to set the maximum rate of co-financing for grants, to adopt measures laying down the technical requirements in order to ensure the control and integrity of the system within the GMES space component dedicated programme and to control the access to, and handling of, technologies that provide security to the GMES space component dedicated programme, and to adopt the annual work programme of GMES. According to Article 291 TFEU, rules and general principles concerning mechanisms for the control by Member States of the Commission’s exercise of its implementing powers shall be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7) continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable.

(12) As GMES is based on a partnership between the Union, ESA and the Member States, the Commission should endeavour to continue the dialogue recently established with ESA and Member States owning relevant space assets.

(13) GMES services are necessary in order to foster the use of information sources by the private sector on a continuous basis, thus facilitating innovation, and thereby adding value, by service providers, many of which are small and medium-sized enterprises (SMEs).

(14) GMES comprises both development activities and operations. With regard to operations, in its third orientations adopted at the Space Council meeting of 28 November 2005, the Council supported a phased approach for the implementation of GMES based on clearly identified priorities, starting with the development of three fast-track services in the field of emergency response, land monitoring and marine services.

(15) The first operational services in the field of emergency response and land monitoring were financed as preparatory actions in accordance with Article 49(6)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(8) (the Financial Regulation).

(16) In addition to the development activities financed under the space thematic area included in the Seventh Framework Programme, Union action is necessary in the period 2011-2013 to ensure continuity with the preparatory actions and to establish operational services on a more permanent basis in areas of sufficient technical maturity with a proven potential for the development of downstream services.

(17) In its Communication of 12 November 2008 entitled ‘Global Monitoring for Environment and Security (GMES): we care for a safer planet’, the Commission outlined its approach to the governance and financing of GMES and indicated its intention to delegate the technical implementation of GMES to specialised entities, including ESA for the GMES space component, owing to its unique position and expertise.

(18) The Commission should entrust the coordination of the technical implementation of the GMES services, where appropriate, to competent Union bodies or intergovernmental organisations, such as the European Environment Agency and the European Centre for Medium-Range Weather Forecasts.

(19) Operational services in the field of emergency management and humanitarian responses are necessary in order to coordinate the existing capacity of the Union and its Member States to be better prepared for, to respond to and to recover from natural and man-made disasters, which often also have a negative impact on the environment. As climate change could lead to an increase in the number of emergencies, GMES will be essential for supporting climate change adaptation measures. GMES services should therefore deliver geospatial information to support emergency and humanitarian responses.

(20) Land monitoring services are important for monitoring biodiversity and ecosystems and support climate change mitigation and adaptation measures and the management of a wide range of resources and policies, most of which relate to the natural environment: soil, water, agriculture, forests, energy and utilities, built-up areas, recreational facilities, infrastructure and transport. Operational land monitoring services are necessary at both European and global levels, developed in collaboration with Member States, third countries in Europe and partners outside Europe and the United Nations.

(21) GMES services in the field of the marine environment are important for the support of an integrated European capacity for ocean forecasting and monitoring and the future provision of Essential Climate Variables (ECVs). They are an essential element for climate change monitoring, marine environment monitoring and transport policy support.

(22) Atmosphere monitoring services are important for monitoring air quality, atmospheric chemistry and composition. They are also an essential element for climate change monitoring and the future provision of ECVs. The provision of information on the state of the atmosphere is necessary on a regular basis and at regional and global levels.

(23) Security services are an important part of the GMES initiative. Europe will benefit from the use of space and in-situ assets in support of the implementation of services responding to the challenges which Europe is facing in the security field, notably border control, maritime surveillance and support to Union external actions.

(24) Monitoring of climate change should allow for the adaptation and mitigation of its effects. It should in particular contribute to the provision of ECVs, climate analysis and projections on a scale relevant to adaptation and mitigation, and relevant service delivery.

(25) The provision of operational services financed under this Regulation depends on access to data collected via space infrastructure and airborne, seaborne and ground-based facilities (in-situ infrastructure) and survey programmes. With full respect for the principles of subsidiarity and proportionality, access to the required data should therefore be ensured, and where necessary in-situ data collection complementary to existing Union and national activities may be supported. The continuous availability of the underlying in-situ and space observation infrastructure needs to be ensured, including space infrastructure specifically developed for GMES within the framework of the ESA GMES space component programme (the ‘Sentinels’). The first Sentinels should enter their initial operations phase in 2012.

(26) The Commission should ensure the complementarity of GMES-related research and development activities under the Seventh Framework Programme, the Union contribution to GMES initial operations, the activities of GMES partners and pre-existing structures, such as the European Data Centres.

(27) GMES initial operations should be implemented consistently with other relevant Union policies, instruments and action, in particular with environmental, security, competitiveness and innovation, cohesion, research, transport, competition and international cooperation policies, the European Global Navigation Satellite Systems (GNSS) programme and the protection of personal data. Furthermore, GMES data should maintain coherence with Member States’ spatial reference data and support the development of the infrastructure for spatial information in the Union established by Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(9). GMES should also complement the Shared Environmental Information System (SEIS) and Union activities in the field of emergency response.

(28) GMES and its initial operations should be considered as a European contribution to building the Global Earth Observation System of Systems (GEOSS) developed within the framework of the Group on Earth Observations (GEO).

(29) The Agreement on the European Economic Area and the Framework Agreements with candidate and potential candidate countries provide for participation by those countries in Union programmes. Participation by other third countries and international organisations should be made possible by the conclusion of international agreements to that effect.

(30) This Regulation lays down, for the entire duration of GMES initial operations, a financial envelope of EUR 107 million constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(10) (Interinstitutional Agreement), for the budgetary authority during the annual budgetary procedure. It is envisaged that this financial envelope will be complemented by an amount of EUR 209 million from the space theme of the Seventh Framework Programme for research actions accompanying GMES initial operations that should be managed in accordance with applicable rules and decision-making procedures in the Seventh Framework Programme. These two funding sources should be managed in a coordinated manner in order to ensure consistent progress in the implementation of GMES.

(31) That financial envelope is compatible with the ceiling for subheading 1a of the multiannual financial framework (MFF) 2007-2013, but the margin remaining in subheading 1a for 2011-2013 is very small. It should be emphasised that the annual amount will be determined during the annual budgetary procedure, in accordance with point 37 of the Interinstitutional Agreement.

(32) The fund should if possible be further increased so that commitment appropriations can be allocated for the space component during the current MFF. In specific terms, this concerns the operation of the A series of Sentinel satellites and the launch of the B series and the procurement of crucial components for the C series.

(33) To that end, the Commission should, in the context of the mid-term review of the current MFF, and before the end of 2010, examine the possibility of additional funding for GMES, within the overall Union budget during the MFF 2007-2013.

(34) The allocation of any additional funding to this Regulation on top of the EUR 107 million already allocated should be considered in the context of discussions on the future of European space policy, notably on procurement and governance.

(35) The Commission should also submit a long-term financing strategy for the future MFF during the first semester of 2011, without prejudice to the outcome of the negotiations on the MFF 2014-2020.

(36) In its financial planning, the Commission should ensure that data continuity is maintained both during and after the end of the period of the initial GMES operations (2011 to 2013), and that the services can be used uninterruptedly and without restrictions.

(37) In accordance with the Financial Regulation, Member States, third countries and international organisations should be free to contribute to the programmes on the basis of appropriate agreements.

(38) GMES information should be fully and openly accessible, without prejudice to relevant security restrictions or to the data policies of Member States and other organisations contributing data and information to GMES. This is necessary to promote the use and sharing of Earth observation data and information in accordance with the principles of SEIS, INSPIRE and GEOSS. Full and open access to data should also take into account existing commercial data provision and should promote stronger Earth observation markets in Europe, in particular in downstream sectors, to increase growth and employment.

(39) According to the Commission Communication of 28 October 2009 entitled ‘Global Monitoring for Environment and Security (GMES): Challenges and Next Steps for the Space Component’, there should be a full and open access data policy for the Sentinels through a free-of-charge licensing and online access scheme, subject to security concerns. Such an approach aims at maximising the beneficial use of Sentinel data for the widest range of applications and is intended to stimulate the uptake of information based on Earth observation data for end users.

(40) The action financed under this Regulation should be monitored and evaluated in order to allow for readjustments.

(41) Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests(11) and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities(12) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(13).

(42) Since the objective of this Regulation, namely the establishment of the programme GMES and its initial operations, cannot be sufficiently achieved by the Member States because GMES initial operations will also comprise pan-European capacity and depend on the coordinated provision of services throughout the Member States that needs to be coordinated at Union level and can therefore, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, especially regarding the Commission’s role as coordinator of national activities,

HAVE ADOPTED THIS REGULATION:

(1)

Opinion of 20 January 2010 (not yet published in the Official Journal).

(2)

Position of the European Parliament of 16 June 2010 (not yet published in the Official Journal) and decision of the Council of 13 September 2010.

(3)

OJ C 136, 20.6.2007, p. 1.

(4)

OJ L 261, 6.8.2004, p. 64.

(5)

OJ C 268, 23.10.2008, p. 1.

(6)

OJ C 16 E, 22.1.2010, p. 57.

(7)

OJ L 184, 17.7.1999, p. 23.

(8)

OJ L 248, 16.9.2002, p. 1.

(9)

OJ L 108, 25.4.2007, p. 1.

(10)

OJ C 139, 14.6.2006, p. 1.

(11)

OJ L 312, 23.12.1995, p. 1.

(12)

OJ L 292, 15.11.1996, p. 2.

(13)

OJ L 136, 31.5.1999, p. 1.