Tag Archives: Administrative structures

Galileo Joint Undertaking

Outline of the Community (European Union) legislation about Galileo Joint Undertaking

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Galileo Joint Undertaking

GALILEO is the European satellite radio navigation and positioning programme. Launched by the European Commission and developed jointly with the European Space Agency, it will give the European Union an independent technology to compete with the American GPS and Russian GLONASS systems. This Regulation, adopted in 2002, set up a Joint Undertaking to manage the development phase of the GALILEO programme. It was then amended and GALILEO ceased to exist as from 31 December 2006: as the development phase was extended until the end of 2008 the Joint Undertaking’s activities were transferred to the GNSS Supervisory Authority.

Document or Iniciative

Council Regulation (EC) No 876/2002 of 24 May 2002 setting up the Galileo Joint Undertaking [Official Journal L 138, 28.5.2002] [See amending acts].

Summary

Emphasising both the need to give a positive boost to European industries and services and to ensure Europe’s independence in such a vital technology, the GALILEO satellite radio navigation programme has been planned in a number of phases:

the definition phase enabled the basic components of the project to be put in place;
the development phase (initially due to last from 2002 until 2005), aimed at verifying and testing the various components of the system’s architecture; it was in fact extended to last until after 2008;
this phase will be followed by the “deployment phase”, consisting of the production and launching of satellites and the installation of terrestrial stations and equipment;
finally the operational life.

This Regulation lays down the principles and constituent elements of the GALILEO Joint Undertaking. The aim is to have a flexible structure with legal personality that is capable of concluding the contracts needed to establish a European satellite radionavigation system permitting research and technological development. The Joint Undertaking was initially set up to cover the period from 2002 until 2005, until the end of the deployment phase and with the possibility of being extended if necessary. However, given that the development phase will not be completed before the end of 2008, the Union has considered it unnecessary to extend the joint undertaking in 2007, since the GNSS Supervisory Authority, set up in 2004, is capable of performing the necessary tasks.

The Galileo Joint Undertaking therefore ceased to exist as of 31 December 2006.

The two main tasks of the Joint Undertaking were:

implementation of the development phase: to this end, the Joint Undertaking, by agreement, entrusted to the European Space Agency the carrying-out of the activities required during the development phase in the space and associated earth segment;
preparing for the subsequent phases of the programme: the Joint Undertaking mobilised the public and private sector for the funds needed and set up the management structures for the various successive phases of the programme.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 876/2002	28.5.2002	–	Official Journal L138 of 28.5.2002

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1943/2006	22.12.2006	–	Official Journal L 367 of 22.12.2006

Related Acts

Proposal for a Council Decision on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) – GALILEO, between the European Community and its Member States and the People’s Republic of China [COM(2003) 578 final – Not published in the Official Journal]

Communication from the Commission to the European Parliament and the Council – Integration of the EGNOS programme in the GALILEO programme [COM(2003)123 final – Not published in the Official Journal].

Communication from the Commission to the European Parliament and the Council – Progress report on the GALILEO research programme as at the beginning of 2004 [COM(2004)0112 final – not published in the Official Journal].

The inventory will be drawn up within six months of the actual establishment of the GALILEO joint undertaking. According to the Commission, 2003 was a decisive year for the programme. The first two experimental satellites were ordered and were due to begin transmitting in 2006 thus securing the frequencies allocated in June 2003 at the World Radiocommunication Conference. International cooperation is in full swing since the interest of non-member countries continues to grow. The European Union concluded an agreement with China in October 2003 and initiatives are under way with the United States (agreement in February 2004), Israel (agreement in March 2004), Russia, Brazil, India, Japan, Canada and South Korea. As regards the transition to the deployment (2006-07) and operating (after 2008) phases (according to the initial schedule), three consortia have expressed their interest in investing in the programme. The undertaking selected will contribute some EUR 1.5 billion.

Communication from the Commission to the European Parliament and the Council of 24 September 2002 on the state of progress of the GALILEO programme [COM(2002) 518 final – not published in the Official Journal].

Four months on from the entry into force of Regulation (EC) No 876/2002, the Communication reviews the implementation of the GALILEO programme (development phase). The creation of the Joint Undertaking was delayed following problems within the European Space Agency in finalising the respective contributions of the Member States. The Security Board will be set up shortly. The technical document specifying GALILEO’s mission, as well as the range, performance and technical characteristics of the associated services, has been consolidated. The next World Radiocommunication Conference (WRC), in June/July 2003, under the aegis of the UN, should confirm that GALILEO’s access to the frequency spectrum will be flexible enough to provide all the planned services and that GALILEO is compatible with other radio navigation systems (American GPS, the Russian GLONASS, the Chinese systems). Galileo’s worldwide vocation calls for effective cooperation with all third countries.

Communication from the Commission to the European Parliament and the Council – Moving to the deployment and operational phases of the European satellite radionavigation programme [COM(2004) 636 final – Not published in the Official Journal].

European GNSS Agency

Outline of the Community (European Union) legislation about European GNSS Agency

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Bodies and objectives

European GNSS Agency

Document or Iniciative

Regulation (EU) No 912/2010 of the European Parliament and of 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 satellite radio navigation programmes.

Summary

This regulation repeals Regulation (EC) No 1321/2004 which had previously established the European Global Navigation Satellite System (GNSS) Supervisory Authority, a Community agency. Regulation (EC) No 683/2008, which defines the new framework for the public governance and funding of the EGNOS and Galileo programmes, sets out the principle of strict division of responsibilities between the Commission, the authority and the European Space Agency (ESA). This regulation grants the Commission certain responsibilities which had previously belonged to the authority, such as the management of the programmes. The authority was renamed the European GNSS Agency. Regulation (EC) No 683/2008 sets out the role and tasks of this agency. The agency is responsible for the following tasks:

ensuring security accreditation;
operating the Galileo security centre;
contributing to the preparation of the commercialisation of the systems;
accomplishing other tasks that may be entrusted to it by the Commission, in accordance with Article 54(2)(b) of the Financial Regulation, addressing specific issues linked to the programmes.

Structure of the agency

The agency is a body of the European Union (EU) with legal personality that is recognised in all EU countries and, as such, can be a party to legal proceedings. The agency has the following bodies: the Administrative Board, the Executive Director, and the Security Accreditation Board for European GNSS systems.

The Administrative Board is composed of one representative from each EU country, five representatives from the Commission and a non-voting representative from the European Parliament. Members are appointed for a term of five years, renewable once. Each representative has one vote, and decisions are taken by a two-thirds majority. The Administrative Board is responsible for ensuring the agency fulfils the tasks entrusted to it in this regulation. With regard to security accreditation matters, the Administrative Board is only responsible for resources and budgetary issues.

The Executive Director manages the agency. S/he is appointed and supervised by the Administrative Board for a term of five years, renewable once. The Executive Director is responsible for managing and representing the agency.

The Security Accreditation Board is composed of one representative from each EU country, one representative each from the Commission and the High Representative for Foreign Affairs and Security Policy. It acts as the security accreditation authority and will need to establish the compliance of the systems with security requirements prior to all major programmatic decisions, such as the approval of the security accreditation strategy, the launch of satellites, the authorisation to operate the systems and ground stations and the manufacture of PRS receivers.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 912/2010	9.11.2010	–	OJ L 276 of 20.10.2010

The European Ombudsman

Outline of the Community (European Union) legislation about The European Ombudsman

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Citizenship of the Union

The European Ombudsman

Document or Iniciative

European Parliament Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties [See amending acts].

Summary

This European Parliament Decision establishes the position of the European Ombudsman and the conditions under which he works.

Combating maladministration

The main role of the European Ombudsman is to investigate cases of maladministration by Community bodies and institutions. To this end, these bodies and institutions must provide the Ombudsman with all the information he requires and indicate if any of this information is classified. If so, access to the information is regulated by the security rules of the body or institution in question, as provided by Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents. Member States may also be required to provide information to the Ombudsman. However, if this information is covered by laws on secrecy, the Ombudsman must not divulge it further. If the requested assistance is not provided, the Ombudsman informs the European Parliament, which then takes the necessary steps.

The Ombudsman may act either on his own initiative or following a complaint. The complainant may refer a matter to the Ombudsman via a Member of the European Parliament, but this is not obligatory.

The Court of Justice and the Court of First Instance, in the exercise of their judicial function, are excluded from the scope of the Ombudsman’s powers. The Ombudsman is not empowered to investigate cases of maladministration by national, regional or local governments in the Member States. Neither can he intervene in a case already brought before a court, nor question the validity of a court decision.

Taking a complaint to the European Ombudsman

Persons wishing to submit a complaint to the European Ombudsman must meet certain eligibility conditions:

The complainant: any European citizen, or other natural or legal person residing or having a registered office in one of the Member States of the Union, may submit a complaint. The complainant does not have to be affected directly by the case of maladministration.
The subject of the complaint: the complaint must relate solely to a case of maladministration on the part of a Community body or institution. “Maladministration” means, for example, an abuse of power, administrative irregularities, discrimination, etc.
The deadline: a complaint regarding a case of maladministration must be lodged within two years of the date on which the facts were brought to the citizen’s attention. It should be noted that the submission of a complaint to the Ombudsman does not affect the deadlines set in any other legal or administrative procedures.
The last resort principle: before submitting a complaint, the complainant must take the relevant administrative steps with the institution(s) concerned.

After the initial investigations, if the Ombudsman finds that a complaint is eligible, he informs the institution concerned and asks it to submit a detailed opinion within three months. Following this, the Ombudsman will send a report, with possible recommendations, to both the European Parliament and the institution concerned. The complainant will then be given the results of the Ombudsman’s inquiries, and possible recommendations, as well as the opinion of the institution concerned. The complainant has one month to submit any comments.

If the Ombudsman finds evidence of any criminal wrongdoing, he must immediately inform the national authorities, the Community institution responsible for fighting fraud, or the Community institution for which the official or agent in question works.

The Ombudsman may cooperate, under certain circumstances, with similar national authorities in order to enhance its investigations and to better protect the rights of the complainants. Likewise, the Ombudsman may also cooperate with national institutions responsible for protecting and promoting fundamental rights.

Appointment of the Ombudsman

The European Ombudsman is elected by the European Parliament for the Parliament’s term of office (five years), with the possibility of reappointment. He is chosen among those citizens of the Union who are in full possession of their civil and political rights and who are not subject to any conflict of interest. The person chosen must be capable of exercising a senior legal function or have a demonstrated ability to accomplish the tasks of the Ombudsman.

10 The Ombudsman acts independently and accepts no instructions from any government or other organisation. During the term of his mandate, he may not exercise any other political or administrative function or occupation, paid or unpaid. He is assisted by a secretariat.

An Ombudsman who no longer meets these conditions or who has committed a grave error may be dismissed by the Court of Justice of the European Communities, at the request of the European Parliament.

Origins

The position of Ombudsman was established by the Treaty on European Union (TEU, 1992).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 94/262/ECSC, EC, Euratom	4.5.1994	–	OJ L 113 of 4.5.1994

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2002/262/EC, ECSC, Euratom	9.4.2002 Applicable with effect: 1.1.2000	–	OJ L 92 of 9.4.2002
Decision 2008/587/EC, Euratom	31.7.2008		OJ L 189 of 17.7.2008

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.