13 Global satellite navigation system
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11669/05
COM(05) 350
| Draft Decision on the signing of the Cooperation Agreement on a civil global navigation satellite system (GNSS) between the European Community and its Member States and Ukraine
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| Legal base | Articles 133, 170 and 300(2);—; QMV
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| Document originated | 2 August 2005
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| Deposited in Parliament | 26 August 2005
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| Department | Transport |
| Basis of consideration | EM of 29 September 2005
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| Previous Committee Report | None
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| To be discussed in Council | Not known
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
13.1 The Community has a two-phase policy for developing a global
navigation satellite system (GNSS). The first phase, GNSS 1, is
the European Geostationary Navigation Overlay System (EGNOS) programme.
The second phase, GNSS 2, is the programme, named Galileo, to
establish a new satellite navigation constellation with appropriate
ground infrastructure. It is based on the presumption that Europe
ought not to rely indefinitely on the GPS (the US Global Positioning
System) and GLONASS (the Russian Global Navigation Satellite System)
systems, augmented by EGNOS. Galileo is being carried out in conjunction
with the European Space Agency (ESA). In the pre-concession stage
Galileo is being managed by the Galileo Joint Undertaking (GJU),
a joint venture between the Community and the ESA. The GJU will
be superseded by the GNSS Supervisory Authority (GSA), a Community
body, when a concession to carry Galileo forward is granted.
13.2 The services it is suggested could be provided
by Galileo are:
- an Open Service (OS), free
of charge at the point of use;
- a Commercial Service (CS), offering added value
for more demanding uses;
- a Safety of Life Service (SoL), for safety-critical
applications that require high integrity;
- a Search and Rescue Service (SAR), to complement
the current COSPAS-SARSAT system (International Satellite Search
and Rescue System founded by Canada, France, the former USSR and
the USA in 1988 and with 33 countries now participating); and
- a Public Regulated Service (PRS), a high-performance,
encrypted service for authorised civil government applications.
13.3 The statutes of the GJU allow for a minority
involvement by non-Member States and other investors. Full agreements
are already in place with China and Israel and another, with India,
has been initialled.
13.4 Over the last six years or so the previous Committee
reported on many aspects of the Galileo project, the last occasion
being in November 2004; the matter has also been debated three
times in European Standing Committee A, the last occasion being
in December 2004.[31]
The document
13.5 In this document the Commission propose a Decision
by the Council to authorise signature on behalf of the Community
of an agreement, if concluded, between the Community and its Member
States and Ukraine on cooperation on a civil GNSS, which has been
negotiated by the Commission and was initialled on 3 June 2005.
The agreement sets out:
- the principles, scope and forms
of cooperation;
- provision for protection and enforcement of intellectual
property, as well principles for authorising exports of sensitive
items by the Ukraine to third countries;
- the objective to promote the Open, Commercial
and Safety-of-Life Services to be offered by Galileo; and
- detailed provisions governing the working arrangements
between the two parties — particularly regarding cooperation
between the parties in promoting the use of Galileo and coordinated
approaches to be followed at international fora in relation to
the development of GNSS and augmentation systems and in ensuring
the security of the Galileo programme.
13.6 The Public Regulated Service is not included
in the scope of the Agreement. But it makes clear that including
that service would be possible in a separate agreement, if both
parties were willing.
The Government's view
13.7 The Minister of State, Department of Transport
(Dr Stephen Ladyman) tells us the Government believes that there
are potential advantages for Galileo and benefits for European
industry in extending formal co-operation between the Community
and Ukraine. He cites particularly advantages for civil aviation
if EGNOS coverage is extended through an augmentation system using
Galileo and EGNOS in Ukraine. The Minister adds however that there
are issues which remain to be clarified including:
- the amount of any financial
contributions by Ukraine, and how these would be used, which would
need to be governed by a further agreement; and
- the possible participation of Ukraine in the
management structure of Galileo, which is envisaged in the present
document. In particular is the question of whether Ukraine should
be allowed to vote in the GSA — this would need to be separately
addressed in accordance with the relevant legislation.
13.8 On Galileo more generally the Minister tells
us that the Government's key objectives are:
- a robust negotiating process
and a strong commercial focus in the concession agreement, with
a full assessment of the benefits and risks to the Community;
- ensuring the outcome is a robust public-private
partnership, delivering benefits for Member States industrially
and value-for-money services for users;
- decisions about locating Galileo control and
operational facilities to be taken on transparent and commercial
grounds;
- minimising the Community funds necessary to support
the initial operating phase of the project and moving as quickly
as possible to a position where there is no longer a requirement
for public money to underwrite the system;
- in the context of the Ukraine and other international
agreements, maximising benefits to European industry and users
of cooperation with the USA, Russia, China, Israel, India and
other non-Member States;
- maintaining close oversight, taking into account
NATO and European Union security concerns, of future negotiations
with potential non-Member State participants, including any proposals
for joining the GJU and the GSA;
- ensuring that non-Member States do not have any
control of the system or access to sensitive technology, including
the Public Regulated Service, should Council be convinced of the
case for having such a service; and
- ensuring that the frequencies selected for Galileo
do not affect NATO or European Union military effectiveness by
overlaying the planned GPS Military code.
Conclusion
13.9 We note the conditions that are built into
the agreement with Ukraine and the Government's caveated support
for it and we clear the document.
13.10 We are grateful to the Minister for the
more general update he gives us on the Government's objectives
in relation to Galileo and take this opportunity to remind him
that we would like to have a comprehensive account of where matters
stand generally on the Galileo project in plenty of time for us
to consider it before the Transport Council in December 2005.
31 See (25690) (25715) 9941/04 (25879) 11834/04 (26012)
13300/04: HC 42-xxxvii (2003-04), para 1 (17 November 2004) and
Stg Co Deb, European Standing Committee A, 2 December 2004,
Cols 3-30. Back
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