15 European Earth Observation Programme
(Copernicus)
| (a)
(33547)
17072/11
COM(13) 831
(b)
(33888)
10035/12
COM(12) 218
(c)
(34965)
10275/13
COM(13) 312
+ ADDs 1-2
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Commission Communication: European Earth Monitoring Programme (GMES) from 2014
Commission Communication on the establishment of an Intergovernmental Agreement for the operations of the European Earth Monitoring Programme (GMES) from 2014 to 2020
Draft Regulation establishing the Copernicus Programme and repealing Regulation (EU) No. 911/2010
Commission Staff Working Documents
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| Legal base | (a) and (b): —
(c)Article 189(2) TFEU; co-decision; QMV
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | Minister's letter of 19 November 2013
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| Previous Committee Reports | (a) HC 428-xlvii (2010-12), chapter 19 (18 January 2012)
(b) HC 86-iv (2012-13), chapter 7 (14 June 2012)
(c) HC 83-vii (2013-14), chapter 3 (26 June 2013)
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| To be discussed in Council | 3 December 2013
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| Committee's assessment | Politically important
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| Committee's decision | (a) Cleared (decision reported on 18 January 2012)
(b) and (c) Cleared
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Background
15.1 We and our predecessors have reported from time
to time on the evolution of the European Earth Observation Programme,
otherwise known as GMES (Global Monitoring for Environment and
Security), which was established in 1998 as a joint initiative
by the Commission and European Space Agency (ESA). It seeks to
provide, by means of data obtained by satellite or from in situ
sensors (such as buoys and balloons), information for the use
of those making, implementing and monitoring environmental policy
within the EU, and to support civil protection and security efforts.
This is achieved through six operational services (covering atmospheric,
marine, land and climate change monitoring, and responses to emergencies
and security), as well as developmental and support activities.
The current proposal
15.2 Until 2011, the GMES was funded through the
EU Framework Programme for research and technological development,
and by contributions from members of the ESA, the focus then being
on development activities. Regulation (EU) No. 911/2010 continued
this joint funding until the end of 2013, but also introduced
a further contribution from the EU to provide the first element
of operational funding. The Commission says that, as the Programme
is now entering its full operational phase, a new Regulation is
required, and it therefore put forward in May 2013 a proposal
(document (c)), which would repeal Regulation (EU) No. 911/2010;
change the name of the programme to "Copernicus"; and
set out the financial and operational arrangements for the period
2014-20. In particular, the new Regulation would provide for a
budget of up to €3.786 billion, to be financed under sub-heading
1a of the Multi-Annual Financial Framework (MFF), thereby departing
from a suggestion put forward in Commission Communications in
November 2011 (document (a)) and May 2012 (document (b)) —
to which the UK had been strongly opposed — that the Programme
should be financed by a specific fund established by an intergovernmental
agreement between the EU Member States and managed by the Commission
outside the MFF.
15.3 The proposal also seeks to set out the arrangements
for the Programme's governance. Thus, it would give the Commission
overall responsibility for defining its priorities and objectives
and overseeing its implementation; require it to adopt each year
an implementing act setting out a work programme, and to cooperate
with Member States in improving the exchange of data and information;
and enable it to entrust the operational activities to EU bodies[36]
with expertise in relevant areas. In addition, the draft Regulation
would enable the EU to enter into agreements with third countries;
establish the ownership of assets developed under the Programme;
and set out conditions for the availability of data from the Programme,
the protection of EU and national security interests, and the
protection of the EU financial interests against fraud, corruption
and other illegal activities.
15.4 As we noted in our Report of 26 June 2013, the
Government said that it was still analysing the text and discussing
it with other Member States, but that its initial views were that
it would be inconceivable for the UK to agree a new Regulation
for a programme of this scale where the governance arrangements
were unclear. In particular, the Regulation would need to set
out details of the respective roles of the Commission and Member
States; to outline clear allocations for the key elements of the
Copernicus Programme (services, and the space component and in-situ
components) against the €3,786 million provision, as well
as providing a level of detail against each of those elements;
and allocate the budget to different phases of the programme to
improve transparency. The Government also noted that the Commission
was proposing that a number of delegated powers should be conferred
upon it, and said that it would be pressing it to ensure that
these were justified and their scope appropriate, and that they
were time limited, rather than for an indeterminate period as
proposed. Finally, the Government pointed out that scientific
research and space are areas of parallel competence, and that
the UK will therefore in principle retain competence in this area,
but it added that it would scrutinise the proposal to ensure that
EU was constrained to the scope of its competences and to this
Regulation.
15.5 We commented that the development of a European
Earth Observation Programme had been in progress since 1998, and
that the need for new funding arrangements for 2014 onwards had
already been recognised. To that extent, therefore, this proposal
did not cover new ground, and would at least have the merit of
being financed from within the Multi-annual Financial Framework.
However, it was clear that there were nevertheless a number of
important areas where the Government was concerned at the lack
of detailed information about how the Programme would operate
in practice, and consequently, in drawing the proposal to the
attention of the House, we said that we were holding it under
scrutiny, pending further information as to whether (and how)
those concerns had been met.
Minister's letter of 19 November 2013
15.6 We have now received from the Parliamentary
Under-Secretary at the Department for Environment, Food and Rural
Affairs (Lord de Mauley) a letter of 19 November 2013, providing
an update on the negotiations, with particular reference to the
following areas of previous concern.
Governance
15.7 The Minister says that the current text now
defines the role of the Copernicus Committee, part of which is
to agree annual and long term programme plans, ensuring a clear
role for Member States in shaping their direction and evolution.
The Committee also has the power to appoint expert advisory groups
for each of the Copernicus services to ensure that expert user
views are taken into account when planning the evolution of the
programme, and is able to meet in several configurations, so as
(for example) to ensure that matters pertaining to security are
handled appropriately.
15.8 The Minister also points out that the design
of the Copernicus services is an important element in the delivery
of the system, and that, given their complexity, it was not practical
to define these in full detail in the Regulation itself. The UK
has therefore sought an approach which would ensure sufficient
Member State involvement in the final definition of the services,
and this will now be achieved through the Implementing Acts with
examination procedure.
15.9 He therefore concludes that the UK has achieved
its original aim of strengthening the role of the Copernicus Committee,
and its sub-configurations, and of ensuring appropriate Member
State oversight of the delivery of the programme and of the definition
of the Copernicus Services. He also says that this approach has
the support of the Presidency, the Commission and other Member
States.
Copernicus Space Component
15.10 The Minister says that, although the Commission
will retain overall responsibility for ensuring that funds are
spent effectively, delivery of the Space Component will be the
responsibility of the ESA and the European Organisation for the
Exploitation of Meteorological Satellites. He adds that the Space
Component requires long-term planning and budget stability, and
that, whilst the Commission's original proposal did not specify
precisely how much funding would be provided or the activities
to be undertaken within the component, the negotiations have resulted
in a clear budget breakdown between the services and the space
component within the Regulation, with clear procedures for agreeing
annual and long term work programmes for both components.
Data Policy
15.11 The Minister observes that the UK has sought
to ensure that the Copernicus data policy is oriented as far as
possible towards free and open use, and that robust procedures
are put in place to ensure any security concerns from Member States
are considered and addressed. He says that the current version
of the Regulation reflects this aim, although he points out that
amendments proposed by the European Parliament would introduce
a review of the data policy once the programme has been operational
for two years — a course which the UK could support so long
as it relates to data policy, and not the key principles of free
and open access, and with a preference for it taking place after
three to five years, as the necessary evidence would not be available
after only two.
Legal Competence
15.12 The Minister observes that scientific research
and space are areas of parallel competence, and that the UK will
retain competence. The Government will however continue to scrutinise
the proposal to ensure that the EU remains within the scope of
its own competences, bearing in mind that the legal basis of the
Regulation is Article 189(2) of the Treaty on the Functioning
of the European Union, which provides the Council and Parliament
with the power to take necessary measures to draw up a European
space policy (including the promotion of joint initiatives, support
for research and technological development, and coordination of
the efforts needed for the exploration and exploitation of space),
but excludes any harmonisation of the laws and regulations of
the Member States. He says that the proposed Regulation remains
within the scope of this basis.
Financial Costs
15.13 The Minister confirms that the programme will
be financed under the Multi-annual Financial Framework (MFF),
with a maximum level of commitments of €3,786 million.
15.14 As regards timing, the Minister says that the
negotiations are entering their final phase, with the European
Parliament's position expected on 28 November, following which
the proposal will go to the Competitiveness Council for agreement
on a general approach on 3 December, with a view to entering into
trilogue discussions immediately afterwards, leading to the ultimate
adoption of the proposal in the first quarter of 2014 (ahead
of the forthcoming European Parliament elections). In view of
this, he expects negotiations to proceed at a rapid pace, and
he has therefore asked for scrutiny clearance.
Conclusion
15.15 We are grateful to the Minister for this
update, and we note that the Government is satisfied that the
text now on the table meets the UK's earlier concerns. Consequently,
although we would like to be kept in touch with subsequent progress,
we are now willing to clear the draft Regulation at document (c),
as well as the Communication at document (b). The earlier of the
two Communications (document (a)) was previously cleared by virtue
of our Report of 18 January 2012.
36 Such as the European Environment Agency, FRONTEX,
the European Maritime Safety Agency, and the European Union Satellite
Centre. Back
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