Brussels, 01 Aug 2003
Proposal for a
COUNCIL REGULATION
on the establishment of structures for the management of the European satellite radionavigation programme Full Text
EXPLANATORY MEMORANDUM
It is imperative to entrust to a public authority the supervision of the deployment and operational phases of the European satellite radionavigation system, given its strategic nature and the need to ensure that essential public interests are adequately defended and represented.
To this end, it is proposed to set up a Supervisory Authority (Chapter 1) and a Centre or Security and Safety (Chapter 2).
The Supervisory Authority
Article 2 defines the tasks of the Supervisory Authority and the instruments placed at its disposal for the accomplishment of these tasks.
The Supervisory Authority will conclude the concession contract with whichever consortium is selected on completion of the Galileo development phase, in accordance with the procedure laid down in Article 2(3) of the statutes of the Galileo Joint Undertaking,1 and will take steps to ensure compliance by that consortium with the obligations arising from that contract.
It will be responsible for managing and controlling the use of the Community funds allocated to the programme.
Given the importance of system safety and reliability, the Supervisory Authority will draw up, in collaboration with the Centre or Security and Safety mentioned in Article 20 and the concessionaire, procedures aimed at ensuring compliance with the rules laid down in these areas.
Although there is no question of wishing to change the existing rules, Member States that have lodged files with the International Telecommunication Union on the use of the frequencies necessary to ensure the operation of the system will authorise the Supervisory Authority to assign the right of exclusive use thereof to the concessionaire. The Authority will be the sole body dealing with the concessionaire in these matters while at the same time being responsible for organising the necessary coordination procedures with the Member States.
One of the Supervisory Authority's tasks will be to assist the Commission in matters involving satellite radionavigation, particularly in cases where legislative and regulatory measures prove necessary.
Article 3 establishes that the Supervisory Authority is the owner of the entire satellite radionavigation system, including whatever may have been developed by the concessionaire during the deployment phase, unless the concession contract specifically provides otherwise. In point of fact, the Joint Undertaking, in its capacity as owner of all the tangible and intangible assets created or assigned to it during the development phase pursuant to Article 6 of its statutes, will, at the moment of its dissolution on completion of the development phase, transfer ownership of all these assets to the Supervisory Authority.
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Brussels, 31.07.2003 COM(2003)471 final 2003/0177 (CNS)