Following difficult negotiations, the EU Member States gave the green light to the German EU Council Presidency’s mandate to resume negotiations with the European Parliament on the Space Programme Regulation at the meeting of the Committee of Permanent Representatives (Coreper I) on Wednesday, 4 November.
The negotiations focused on Article 7 on the participation of non-Member States and international organisations in the programme, Article 8 on access to services (SST, GovSatCom, regulated public service) and Article 25 on the conditions of participation and eligibility of participating entities from non-Member States.
Thus, contrary to the opinion of the European Commission, the mandate includes a time limit for the programme (Article 1). The Presidency would like an expiry date, as some delegations, in particular Germany, would like to be able to review the Regulation at the end of the Multiannual Financial Framework 2021-2027. A request that would also be in line with the position of the European Space Agency (ESA).
Under Article 7, after lengthy discussions in a working group (see EUROPE 12566/8), the Space Surveillance and Tracking (SST) component is not open to the participation of non-Member States, as proposed by the Commission.
Departing from the position of the European Commission, the Presidency compromise proposal provides that the participation of non-Member States (with the exception of Member States of the European Economic Area) in Galileo and EGNOS should be subject to international agreements in accordance with Article 218 TFEU (see EUROPE 12592/21).
As regards Article 25, the mandate follows the opinion of 19 October of the EU Council Security Committee (see EUROPE 12586/13). Thus, it will be for the Commission to determine the participation of an entity on the basis of a series of conditions (the entity must be established in a Member State, must carry out its activities in one or more Member States and must not be subject to control by a non-Member State or a non-Member State entity). The Commission must take into account the opinions of the competent national authorities and keep them informed.
Finally, the EU Council favours the implementing act, whereas the European Parliament, as always, prefers delegated acts. However, it is likely that some flexibility will be needed on this issue in the discussions with the European Parliament, the Presidency indicates in a note to national delegations.
At the Coreper meeting, Greece and Cyprus reportedly raised concerns about Turkey’s participation in the programme. Sweden is said to have not supported the mandate because of its disagreement with the agreement reached on Article 25, we are told.
The date of the next interinstitutional meeting was not yet known at the time of going to press.
To consult the negotiating mandate: https://bit.ly/3l3F49G (Article 7, latest version) and https://bit.ly/38pu82T (Original version in French by Pascal Hansens)