At the latest meeting of the EU Council working group on Tuesday 27 October, Member States made important progress on the EU regulation establishing the space programme. Although agreement was reached on article 25, the German Presidency of the Council of the EU was unable to secure agreement on article 7.
It is reported that provisional agreement was reached on article 25, the aim of which is to protect the Union’s essential interests against potential foreign (i.e. non-Member State) interference. It is therefore the European Commission’s role to determine the eligibility conditions for companies from non-Member States, in the knowledge that it is the Commission that implements the conditions, in conjunction with the competent national agencies in all instances.
It will therefore be for the European Commission to make the final decision, but it will always be accountable to the national agencies. The article is expected to be presented for approval to the Committee of Permanent Representatives on 4 November.
It is reported that there are serious obstacles with regard to article 7, which covers non-Member States’ participation in the programme.
It is reported that the German Presidency acceded to delegations' requests to ban non-Member States’ participation in the SST consortium for space surveillance and tracking orbiting objects.
There were still, however, outstanding questions about the rules for participation in the Galileo programme.
France is reported to have made a proposal to support participation through international agreements, with specific agreements for some segments of the programme. The proposal is reported to have had the support of 17 Member States.
We have been informed that the German Presidency of the Council of the EU rejected the proposal because the French text had circulated through unconventional channels. “It's always mayhem”, one source commented, again showing their surprise at the attitude of the Germans on this issue (see EUROPE 12578/7).
On Wednesday 28 October, Germany circulated a new proposal on article 7, which EUROPE has seen. It allows members of the European Free Trade Association, candidate countries and countries covered by the European Neighbourhood Policy to participate in the programme.
The participation of other non-Member States or international organisations must take place in accordance with article 218 of the TFEU concerning the participation of non-Member States, on the condition that the agreement: - ensures there is a fair balance between non-Member States’ contributions to the Union's programme and the benefits they derive from it; - lays down the conditions for participation in the programmes (including financial contributions to the various programmes); - does not give non-Member States or organisations decision-making authority with respect to the programme; - ensures that the Union's financial interests are protected.
EU/ESA Space Council conclusions
The national delegations gave the green light to the conclusions related to the ‘Space’ videoconference in November. It is reported that a written procedure will be launched on Wednesday 4 November. The text has been reduced considerably, and is now only seven pages long.
The conclusions can be found at: https://bit.ly/3mzFJQq (Original version in French by Pascal Hansens)