Text · Amendment list
Safety, resilience and sustainability of space activities in the Union
Document ITRE-AM-786884 · COM(2025)0335 – 2025/0335(COD)
- Kind
- Amendment list ITRE-AM-786884
- Date
- 14 April 2026
- Committee
- Committee on Industry, Research and Energy
- Dossier
- 2025-0335
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- COM(2025)0335 – 2025/0335(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| (j) contribute to the establishment and maintenance of the Union Space Label Framework, in accordance with the provisions of Title VI, Chapter II; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) contribute to the establishment and maintenance of the Union Space Label Framework, in accordance with the provisions of Title VI, Chapter II; | (j) contribute to the establishment and maintenance of the Union Space Labelling Schemes, in accordance with Article 111. |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) contribute to the establishment and maintenance of the Union Space Label Framework, in accordance with the provisions of Title VI, Chapter II; | (j) contribute to the establishment and maintenance of the Union Space Labelling Schemes, in accordance with the provisions of Article 111; |
| Text proposed by the Commission | Amendment |
|---|---|
| (j) contribute to the establishment and maintenance of the Union Space Label Framework, in accordance with the provisions of Title VI, Chapter II; | (j) contribute to the establishment and maintenance of the Union Space Labelling Schemes, in accordance with Article 111; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | (k) on the Union Space Labelling Scheme |
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | (k) maintain a website, accessible to all stakeholders and in all the official EU languages, providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); |
Considering the specific technical terms used, anyone involved in space-related activities should be able to access this information in whichever language they choose.
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | (k) communicate on the Union Space Labelling Scheme; |
| Text proposed by the Commission | Amendment |
|---|---|
| (k) maintain a website providing updated information on, and publicising, the Union Space Labelling Schemes and Union Space Labels, in accordance with Article 111(5); | (k) communicate on the Union Space Labelling Scheme; |
| Text proposed by the Commission | Amendment |
|---|---|
| (l) assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments to this Regulation, by issuing formal technical opinions addressed to the Commission; | (l) provide formal technical opinions to the Commission on delegated and implementing acts based on this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (l) assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments to this Regulation, by issuing formal technical opinions addressed to the Commission; | (l) assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments and updates to this Regulation, to reflect developments in this field, by issuing formal technical opinions addressed to the Commission; |
The information contained in documents needed for space activities must be updated periodically, in order to keep pace with developments in this field.
| Text proposed by the Commission | Amendment |
|---|---|
| (l) assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments to this Regulation, by issuing formal technical opinions addressed to the Commission; | (l) provide formal technical opinions to the Commission on delegated and implementing acts based on this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (l) assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments to this Regulation, by issuing formal technical opinions addressed to the Commission; | (l) provide formal technical opinions to the Commission on delegated and implementing acts based on this Regulation; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (l) assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments to this Regulation, by issuing formal technical opinions addressed to the Commission; | (l) to assist the Commission in the preparation of delegated and implementing acts based on this Regulation, and in the preparation of proposals for amendments to this Regulation, by issuing formal technical opinions addressed to the Commission; |
| Text proposed by the Commission | Amendment |
|---|---|
| (m) issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; | (m) coordinate, in cooperation with national competent authorities, the technical assessments carried out under this Regulation to mitigate divergences among Member States and ensure consistency and standardisation of supervisory practices. In this context it may issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (m) issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; | (m) issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; facilitate also the rapid and efficient exchange of information between Member States and the relevant actors; |
A swift and efficient exchange of information between Member States and relevant actors will benefit work done in this field by making it more effective.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (m) issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; | (m) issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (m) issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; | (m) to issue guidelines addressed to the competent authorities and the Union space operators, and issue recommendations to one or more competent authorities, to promote consistent supervisory practices across the Union and the uniform application of Union law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (m a) establish and manage the Space Sector Competitiveness Support Helpdesk; |
| Text proposed by the Commission | Amendment |
|---|---|
| (n) upon request by the Commission, contribute, for matters covered by this Regulation, to the establishment, measurement, reporting and analysis of performance indicators, notably on significant incidents and on collisions; | (n) upon request by the Commission, contribute, for matters covered by this Regulation, to the establishment, measurement, reporting, monitoring and analysis of performance indicators, notably on significant incidents and on collisions; |
The monitoring and analysis of performance indicators is essential for the assessment of potential incidents and collisions in space.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (n) upon request by the Commission, contribute, for matters covered by this Regulation, to the establishment, measurement, reporting and analysis of performance indicators, notably on significant incidents and on collisions; | (n) upon request by the Commission, to contribute, for matters covered by this Regulation, to the establishment, measurement, reporting and analysis of performance indicators, notably on significant incidents and on collisions; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (o) provide all necessary technical, scientific and administrative advice and support to the Commission, to allow the latter to carry out its supervisory tasks under this Regulation; | (o) provide all necessary technical, scientific and administrative advice and support to the Commission; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (o) provide all necessary technical, scientific and administrative advice and support to the Commission, to allow the latter to carry out its supervisory tasks under this Regulation; | (o) to provide all necessary technical, scientific and administrative advice and support to the Commission, to allow the latter to carry out its supervisory tasks under this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (oa) collaborate with the European Space Agency and the competent authorities to manage the public data collected with a view to improving the environmental sustainability criteria as set out in Chapter III; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ob) provide the Commission and the Member States with technical and scientific assistance to promote space research activities; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (p) establish cooperation with supervisory authorities of third countries, international organisations or bodies thereof, and promote and facilitate awareness at international level in respect to the requirements laid down in this Regulation; | (p) to establish cooperation with supervisory authorities of third countries, international organisations or bodies thereof, and promote and facilitate awareness at international level in respect to the requirements laid down in this Regulation; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (p) establish cooperation with supervisory authorities of third countries, international organisations or bodies thereof, and promote and facilitate awareness at international level in respect to the requirements laid down in this Regulation; | (p) to cooperate with supervisory authorities of third countries, international organisations, and promote and facilitate awareness at international level in respect to the requirements laid down in this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (q) cooperate, as appropriate, with other Union institutions, bodies, offices, and agencies, where the activities of such Union institutions, bodies, offices, and agencies, cover technical aspects related to the safety, resilience and environmental sustainability of space activities, or other relevant matters, such as the use of artificial intelligence when carrying out space activities. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (q) cooperate, as appropriate, with other Union institutions, bodies, offices, and agencies, where the activities of such Union institutions, bodies, offices, and agencies, cover technical aspects related to the safety, resilience and environmental sustainability of space activities, or other relevant matters, such as the use of artificial intelligence when carrying out space activities. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (q) cooperate, as appropriate, with other Union institutions, bodies, offices, and agencies, where the activities of such Union institutions, bodies, offices, and agencies, cover technical aspects related to the safety, resilience and environmental sustainability of space activities, or other relevant matters, such as the use of artificial intelligence when carrying out space activities. | (q) to cooperate, as appropriate, with other Union institutions, bodies, offices, and agencies, where the activities of such Union institutions, bodies, offices, and agencies, cover technical aspects related to the safety, resilience and environmental sustainability of space activities, or other relevant matters, such as the use of artificial intelligence when carrying out space activities; |
| The Agency shall report its activities involving cooperation with any third countries or international organisations to the Compliance Board on a half-year basis; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (q a) to establish protocols for integrating SSA data from certifified private providers into its systems and high-interest event alert mechanisms. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Before submitting the technical opinions referred to in paragraph 1, point (l), as well as before issuing the guidelines referred to in paragraph 1, point (m), the Agency shall conduct open public consultations. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| By 01.08.2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in Article 59(3), first subparagraph, in Article 61(3), first subparagraph, in Article 63(2), in Article 68(2), first subparagraph, in Article 69(2), first subparagraph, in Article 70(3), first subparagraph, in Article 73(4), first subparagraph, in Article 93(8), in Article 96(7), second subparagraph, in Article 97(4), in Article 101(5), first subparagraph, in Article 104(2), and in Article 111(4), first subparagraph. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| By 01.08.2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in Article 59(3), first subparagraph, in Article 61(3), first subparagraph, in Article 63(2), in Article 68(2), first subparagraph, in Article 69(2), first subparagraph, in Article 70(3), first subparagraph, in Article 73(4), first subparagraph, in Article 93(8), in Article 96(7), second subparagraph, in Article 97(4), in Article 101(5), first subparagraph, in Article 104(2), and in Article 111(4), first subparagraph. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| By 01.08.2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in Article 59(3), first subparagraph, in Article 61(3), first subparagraph, in Article 63(2), in Article 68(2), first subparagraph, in Article 69(2), first subparagraph, in Article 70(3), first subparagraph, in Article 73(4), first subparagraph, in Article 93(8), in Article 96(7), second subparagraph, in Article 97(4), in Article 101(5), first subparagraph, in Article 104(2), and in Article 111(4), first subparagraph. | The Agency shall establish an Industry Board as a permanent body for industrial observation and monitoring. The Board shall be composed of representatives of the Union’s space industry, including start-ups, SMEs, large enterprises, research centres and academia, ensuring balanced geographical representation and diversity of operators, thereby guaranteeing a structured dialogue between the institutions and stakeholders in the sector. This Board shall meet regularly to monitor the Regulation’s rollout and advise on any technical updates or adjustments needed to reflect evolving technologies and market conditions. |
| By no later than 01 January 2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in this Regulation in due time to allow space service providers to comply with the requirements established in such delegated and implementing acts. | |
| In the preparation of each technical opinion, the Agency shall consult the Industry Board. |
| Text proposed by the Commission | Amendment |
|---|---|
| By 01.08.2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in Article 59(3), first subparagraph, in Article 61(3), first subparagraph, in Article 63(2), in Article 68(2), first subparagraph, in Article 69(2), first subparagraph, in Article 70(3), first subparagraph, in Article 73(4), first subparagraph, in Article 93(8), in Article 96(7), second subparagraph, in Article 97(4), in Article 101(5), first subparagraph, in Article 104(2), and in Article 111(4), first subparagraph. | The Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts and implementing Acts referred to in this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| By 01.08.2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in Article 59(3), first subparagraph, in Article 61(3), first subparagraph, in Article 63(2), in Article 68(2), first subparagraph, in Article 69(2), first subparagraph, in Article 70(3), first subparagraph, in Article 73(4), first subparagraph, in Article 93(8), in Article 96(7), second subparagraph, in Article 97(4), in Article 101(5), first subparagraph, in Article 104(2), and in Article 111(4), first subparagraph. | By 01.08.2028, the Agency shall submit to the Commission the technical opinions to assist the Commission in the preparation of the delegated acts referred to in Article 113 and of the implementing acts referred to in Article 59(3), first subparagraph, in Article 61(3), first subparagraph, in Article 63(2), in Article 68(2), first subparagraph, in Article 69(2), first subparagraph, in Article 70(3), first subparagraph, in Article 73(4), first subparagraph, in Article 96(7), second subparagraph, in Article 97(4), in Article 101(5), first subparagraph, in Article 104(2), and in Article 111(4), first subparagraph. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Before issuing a new guideline or recommendation, the Agency shall review existing guidelines and recommendations to avoid duplication. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Before issuing a new guideline or recommendation, the Agency shall review existing guidelines and recommendations to avoid duplication. | 3. Before issuing a new guideline or recommendation, the Agency shall review existing national and international guidelines to avoid duplication, and base them on available best practices. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article40a | |
| Space Sector Competitiveness Support Helpdesk | |
| 1. The Agency shall establish a permanent internal structure known as the ‘Space Sector Competitiveness Support Helpdesk’ (hereinafter ‘the Support Helpdesk’). The Support Helpdesk shall be operationally distinct from the Agency's supervisory functions to ensure the independence of its supervisory tasks. | |
| 2. The Support Helpdesk shall be a single access point for all relevant support and be integrated with the Information point referred to in Article 110 of this Regulation. The primary task of the Support Helpdesk shall be to provide administrative and procedural assistance to small and medium-sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC, and to educational and research institutions established in the Union. | |
| 3. The Support Helpdesk shall be responsible for the following tasks: | |
| (a) advising applicants on the compliance with the administrative and technical requirements of this regulation; | |
| (b) assisting in the drafting and verification of technical documentation, including by providing an online platform with standardised data and step by step guidance on completing the plans and other documents needed to ensure compliance with this regulation; | |
| (c) organizing specific training workshops and publishing detailed user guides on regulatory compliance, specifically tailored to the needs of SMEs and educational and research stakeholders; and | |
| (d) managing other forms of support, including financial support for the development of the upstream and downstream activities of the qualified entities in the space sector. | |
| 4. The assistance provided by the Support Helpdesk shall be of a non-binding advisory nature and shall not prejudge any subsequent assessment or decision by the Agency or the relevant National Competent Authority. The applicant shall remain solely responsible for the accuracy, completeness, and compliance of the submitted documentation, and the Agency shall not be held liable for the outcome of the relevant authorization, certification, or other procedures. | |
| 5. Member States may designate one national contact points to cooperate with the Support Helpdesk. The national contact points shall offer information and guidance in appropriate national languages on compliance with the requirements of this regulation, facilitate access to the Support Helpdesk, and draw upon national implementation measures where relevant. | |
| 6. The assistance provided by the Support Helpdesk under paragraph 3 shall be free of charge. The costs of operating the Support Helpdesk and related activities shall be covered by the Agency from the fees foreseen in Article 41 of this regulation and may be supplemented from other appropriate sources. | |
| 7. The Agency shall report annually to the Commission on the activities of the Support Helpdesk, based on key performance indicators established by the Agency board, including data on the number of entities assisted and the impact on regulatory compliance rates. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 41 | deleted |
| Agency fees | |
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | |
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | |
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. |
The Agency fee mechanism is deleted from Article 41. Budget for EUSA authorisations and URSA registrations is addressed through the Agency's general budget.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 41 | deleted |
| Agency fees | |
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | |
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | |
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 41 | deleted |
| Agency fees | |
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | |
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | |
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | 1. The Agency shall cover costs caused in carrying out tasks pursuant to this Regulation and in issuing authorisations by using own sources. For additional services, fees may only be charged on a voluntary basis. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations, with which an agreement is in force, fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the Compliance Board. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations fees to fully cover the necessary expenditure incurred by the Agency in carrying out tasks pursuant to this Regulation, including the reimbursement of costs incurred as a result of the work of the joint examination teams referred to in Article 44(2), first subparagraph, or the costs of the advice provided by independent experts. | 1. The Agency shall, in accordance with the delegated act referred to in paragraph 3, charge Union space operators, third country space operators and international organisations, subject to and in accordance with an international agreement concluded pursuant to Article 107(3) or Article 108, fees. Those fees shall cover the necessary expenditure incurred by the Agency in carrying out tasks related to authorisation and registration pursuant to this Regulation. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte, Ondřej Knotek, Jana Nagyová, Tomáš Kubín
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Those fees shall take into account the level of complexity and risk of the mission, and shall provide for discounts or exemptions for SMEs, start-ups, mid-caps, research or education missions. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider and may be revised in light of the evolution and duration of the services provided. |
Fees in the field of space activities can be updated in the same way as they are in other spheres of activity.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the turnover of the respective space services provider. | 2. The amount of a fee charged to a space services provider referred to in paragraph 1 shall cover all costs derived from the execution of the tasks set out in this Regulation. The amount shall be proportionate to the tasks carried out in respect of the concerned operator and the space activities performed by the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte, Ondřej Knotek, Jana Nagyová, Tomáš Kubín
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. | 3. Following consultation with the Member States, SMEs and representative industry bodies, the Commission shall, by means of implementing acts, establish the categories of eligible costs, the payment arrangements and the maximum rates for each operator category. Delegated acts may not be used to introduce new pricing items. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. | 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid and where appropriate establishing exemptions or reductions for research and education institutions and small sized enterprizes . |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid. | 3. The Commission is empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by determining the amount of fees and the way in which they are to be paid by the entry into force of this Regulation. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| Article 42 | deleted |
| Agency structures | |
| For the purposes of the tasks referred to in Article 43 a Compliance Board and a Board of Appeal are hereby established within the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Article 42 | deleted |
| Agency structures | |
| For the purposes of the tasks referred to in Article 43 a Compliance Board and a Board of Appeal are hereby established within the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Tasks of the Compliance Board | Compliance Board |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Compliance Board shall be responsible for: | 1. The Compliance Board is established within the Agency. It shall assist the Agency in the preparation and internal review of decisions under Articles 6, 17, 18, 22, 54, 55 and 56, taking due account of the technical opinions referred to in Article 8. |
The Compliance Board's role is redefined: from an decision-proposing body to an internal review body assisting the Agency in the preparation and quality control of its decisions. This is consistent with the Agency's status as the primary decision-maker: the Compliance Board provides internal technical rigour without creating a parallel decision-making track.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Compliance Board shall be responsible for: | 1. The Compliance Board is established within the Agency. It shall be responsible for: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) issuing technical proposals to the Commission for the authorisation, in accordance with Article 12(2), of operators of Union-owned assets which are entrusted by the Commission with the execution or operation of the respective component of the Union Programme, as referred to in that Article, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; | deleted |
The Compliance Board no longer issues technical proposals to the Commission for Union-owned asset authorisations: the Agency issues EUSA authorisations directly, with the Compliance Board reviewing drafts internally.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (a) issuing technical proposals to the Commission for the authorisation, in accordance with Article 12(2), of operators of Union-owned assets which are entrusted by the Commission with the execution or operation of the respective component of the Union Programme, as referred to in that Article, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; | (a) issuing reasoned opinions to the Commission, in accordance with Article 7, for the authorisation of operators of Union-owned assets, as referred to in Article, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (a) issuing technical proposals to the Commission for the authorisation, in accordance with Article 12(2), of operators of Union-owned assets which are entrusted by the Commission with the execution or operation of the respective component of the Union Programme, as referred to in that Article, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; | (a) issuing reasoned opinions to the Commission, in accordance with Article 7 for the authorisation, of operators of Union-owned assets as referred to in Article 6, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) issuing technical proposals to the Commission for the authorisation, in accordance with Article 12(2), of operators of Union-owned assets which are entrusted by the Commission with the execution or operation of the respective component of the Union Programme, as referred to in that Article, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; | (a) issuing technical proposals to the Commission for the authorisation, in accordance with Article 12(1), of operators of Union-owned assets which are entrusted by the Commission with the execution or operation of the respective component of the Union Programme, as referred to in that Article, and carrying out, throughout the duration of such authorisation, technical assessment activities to allow the Commission to exercise the ongoing supervision of such operators to ensure compliance with the requirements laid down in this Regulation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) carrying out technical assessment activities in relation to the requirements laid down in Title IV, Chapters I, II, III, IV and V, before competent authorities issue authorisations to Union space services providers, as regards the assets referred to in Article 5, first paragraph, point (21), where a Member State has decided to entrust the Agency with the task of carrying out such technical assessment, pursuant to Article 8(1), point (c); | deleted |
Consequential: the Compliance Board's role in carrying out assessments for national competent authority authorisations is deleted; all assessments flow through ESA as qualified technical body.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (b) carrying out technical assessment activities in relation to the requirements laid down in Title IV, Chapters I, II, III, IV and V, before competent authorities issue authorisations to Union space services providers, as regards the assets referred to in Article 5, first paragraph, point (21), where a Member State has decided to entrust the Agency with the task of carrying out such technical assessment, pursuant to Article 8(1), point (c); | (b) carrying out technical assessment activities in relation to the requirements laid down in Title IV, Chapters I, II, III, IV and V, before national competent authorities issue authorisations to Union space operators, as regards governmental or non-governmental space assets, where a Member State has decided to entrust the Agency with the task of carrying out such technical assessment, pursuant to Article 8(1), point (c); |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) assess, and issuing technical proposals to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Articles 15 and Article 16 respectively. | deleted |
Consequential: the Compliance Board no longer assesses third-country operator compliance and proposes to the Commission; the Agency decides directly.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) assess, and issuing technical proposals to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Articles 15 and Article 16 respectively. | (c) assess, and issuing technical proposals to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Article 15. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte, Ondřej Knotek, Jana Nagyová, Tomáš Kubín
| Text proposed by the Commission | Amendment |
|---|---|
| (c) assess, and issuing technical proposals to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Articles 15 and Article 16 respectively. | (c) assessment, and issuing reasoned opinions to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Article 15. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (c) assess, and issuing technical proposals to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Articles 15 and Article 16 respectively. | (c) assessing and issuing reasonded opinions to the Commission as regards, the ongoing compliance of third country space operators with the requirements laid down in Title IV, in the manner specified to in Articles 15. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For the purposes of paragraph 1, the Compliance Board shall have the following powers: | 2. For the purposes of paragraph 1, the Compliance Board shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. For the purposes of paragraph 1, the Compliance Board shall have the following powers: | 2. For the purposes of paragraph 1, the Compliance Board shall: |
The Compliance Board's powers are reframed as internal review functions ('shall examine' rather than 'shall take decisions proposing to the Commission'). The Board supports Agency decision quality without replacing the Agency as the decision-maker.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take, in the manner specified in paragraph 3, technical assessment decisions proposing to the Commission the authorisation, in accordance with Article 11(1), first subparagraph, of Union space operators of Union-owned assets entrusted with the execution or operation of components of the Union Programme, in accordance with Article 12(2), as well as proposing to the Commission throughout the duration of such authorisation any needed supervisory measures; | (a) examine draft EUSA authorisation decisions, including where the operator is entrusted with the execution or operation of Union-owned assets; |
The Compliance Board examines draft EUSA authorisation decisions (including for Union programme operators). Internal review before decision adoption
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take, in the manner specified in paragraph 3, technical assessment decisions proposing to the Commission the authorisation, in accordance with Article 11(1), first subparagraph, of Union space operators of Union-owned assets entrusted with the execution or operation of components of the Union Programme, in accordance with Article 12(2), as well as proposing to the Commission throughout the duration of such authorisation any needed supervisory measures; | (a) adopt reasoned opinions on technical assessments regarding the fulfilment of the requirements laid down in Title IV, proposing to the Commission the authorisation, in accordance with Article 6, of Union space operators of Union-owned assets as well as any necessary supervisory measures, including suspension or withdrawal from URSA; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (a) take, in the manner specified in paragraph 3, technical assessment decisions proposing to the Commission the authorisation, in accordance with Article 11(1), first subparagraph, of Union space operators of Union-owned assets entrusted with the execution or operation of components of the Union Programme, in accordance with Article 12(2), as well as proposing to the Commission throughout the duration of such authorisation any needed supervisory measures; | (a) adopt reasoned opinions on technical assessments regarding the fulfilment of the requirements laid down in Title IV, Chapters I to V, proposing to the Commission the authorisation, in accordance with Article 11(1), of Union space operators of Union-owned assets, as well as any necessary supervisory measures, including suspension or withdrawal from URSO, throughout the duration of such authorisation; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) take technical assessment decisions regarding the fulfilment of the requirements laid down in Title IV, Chapters I, II, III, IV and V, where a Member State entrusts the Agency to carry out the technical assessment pursuant to Article 8(1), point (c); | (b) examine draft registration decisions, and draft suspension or withdrawal decisions, concerning space operators from a third country and international organisations; |
The Compliance Board examines draft registration, suspension and withdrawal decisions for third-country operators and international organisations. Same internal review logic.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (b) take technical assessment decisions regarding the fulfilment of the requirements laid down in Title IV, Chapters I, II, III, IV and V, where a Member State entrusts the Agency to carry out the technical assessment pursuant to Article 8(1), point (c); | (b) adopt reasoned opinions on technical assessment decisions regarding the fulfilment of the requirements laid down in Title IV, Chapters I, II, III, IV and V, where a Member State entrusts the Agency to carry out the technical assessment pursuant to Article 8(1), point (c); |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (b) take technical assessment decisions regarding the fulfilment of the requirements laid down in Title IV, Chapters I, II, III, IV and V, where a Member State entrusts the Agency to carry out the technical assessment pursuant to Article 8(1), point (c); | (b) adopt reasoned opinions on technical assessment decisions regarding the fulfilment of the requirements laid down in Title IV, Chapters I, II, III, IV and V, where a Member State entrusts the Agency to carry out the technical assessment pursuant to Article 8(1), point (c); |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(6), and Article 22(6), first subparagraph, the registration in URSO, and respectively, the suspension or withdrawal of registration in URSO, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSO and its associated platform; | (c) examine draft supervisory, corrective and enforcement decisions under Articles 54, 55 and 56; |
The Compliance Board examines draft supervisory, corrective and enforcement decisions under Articles 54–56. Ensures consistent application of the enforcement framework across the Agency's decision-making.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(6), and Article 22(6), first subparagraph, the registration in URSO, and respectively, the suspension or withdrawal of registration in URSO, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSO and its associated platform; | (c) adopt reasoned opinions on technical assessments regarding the fulfilment of the requirements laid down in Title IV, Chapters I to V, in the manner specified in Article 15, proposing to the Commission the registration of third country space operators in URSO, measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, Chapters Ito V, as well as any needed supervisory measures, including suspension or withdrawal of registration in URSO; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(6), and Article 22(6), first subparagraph, the registration in URSO, and respectively, the suspension or withdrawal of registration in URSO, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSO and its associated platform; | (c) adopt reasoned opinions on technical assessments regarding the fulfilment of the requirements laid down in Title IV, Chapters I to V, in the manner specified in Article 15, proposing to the Commission, the registration of third country space operators in URSA, measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, as well as any needed supervisory measures, including suspension or withdrawal of registration in URSA; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(6), and Article 22(6), first subparagraph, the registration in URSO, and respectively, the suspension or withdrawal of registration in URSO, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSO and its associated platform; | (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(1), and Article 22(6), first subparagraph, the registration in URSO, and respectively, the suspension or withdrawal of registration in URSO, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSO and its associated platform; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(6), and Article 22(6), first subparagraph, the registration in URSO, and respectively, the suspension or withdrawal of registration in URSO, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSO and its associated platform; | (c) ensure, on the basis of a decision of the Commission taken pursuant to Article 11(1), first subparagraph, Article 17(6), and Article 22(6), first subparagraph, the registration in URSA, and respectively, the suspension or withdrawal of registration in URSA, of Union space operators of Union-owned assets and third country space operators, and that of international organisations, pursuant to Articles 17, 18 and 22, and manage URSA and its associated platform; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (d) take technical assessment decisions proposing to the Commission measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, in the manner specified in Articles 15 and Article 16; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) take technical assessment decisions proposing to the Commission measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, in the manner specified in Articles 15 and Article 16; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (d) take technical assessment decisions proposing to the Commission measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, in the manner specified in Articles 15 and Article 16; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) take technical assessment decisions proposing to the Commission measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, in the manner specified in Articles 15 and Article 16; | (d) take technical assessment decisions proposing to the Commission measures for ensuring the compliance of third country space operators, once registered, with the requirements laid down in Title IV, in the manner specified in Article 15; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) issue the e-certificates referred to in Article 25(1); | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (e) issue the e-certificates referred to in Article 25(1); | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (f) approve the conclusions of the reports submitted by the Technical Boards referred to in Article 44(2), second subparagraph, when carrying out the technical assessments referred to in paragraph 1; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (f) approve the conclusions of the reports submitted by the Technical Boards referred to in Article 44(2), second subparagraph, when carrying out the technical assessments referred to in paragraph 1; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) approve the conclusions of the reports submitted by the Technical Boards referred to in Article 44(2), second subparagraph, when carrying out the technical assessments referred to in paragraph 1; | deleted |
Consequential: Technical Board report approval is absorbed into the revised Technical Board structure under Article 44.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2); | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2); | (g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2), and regularly update these, in the light of new applications; |
| Text proposed by the Commission | Amendment |
|---|---|
| (g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2); | (g) draw up and publish the consolidated lists of space services providers registered in URSA pursuant to Article 24(2); |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (h a) before adopting a reasoned opinion, give the applicant the opportunity to be heard on the ground on which the Compliance Board intents to adopt the reasoned opinion. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. For the purposes of taking the decisions referred to in paragraph 2, the Compliance Board shall act as follows: | deleted |
| (a) compliance with the requirements laid down in Title IV, Chapters I, III, IV and V, shall be established by means of technical assessments carried out in accordance with Article 44(1); | |
| (b) compliance with the requirements laid down in Title IV, Chapters II, shall be established as follows: | |
| (i) for technical assessment decisions regarding the space services providers referred to in paragraph 1, point (a), compliance shall be established by the Security Accreditation Board, in accordance with Chapter II of Regulation (EU) 2021/696; | |
| (ii) for technical assessment decisions regarding the space services providers referred to in paragraph 1, points (b) and (c), compliance shall be established by in accordance with Article 44(1). |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. For the purposes of taking the decisions referred to in paragraph 2, the Compliance Board shall act as follows: | 3. The Compliance Board shall determine compliance with the requirements laid down in Title IV in the configurations set out in Article 44(1), except for Union space operators of Union-owned assets where compliance with the requirements laid down in Title IV, Chapter II, of this Regulation shall be determined by the Security Accreditation Board, in accordance with Chapter II of Regulation (EU) 2021/696. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (a) compliance with the requirements laid down in Title IV, Chapters I, III, IV and V, shall be established by means of technical assessments carried out in accordance with Article 44(1); | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (b) compliance with the requirements laid down in Title IV, Chapters II, shall be established as follows: | deleted |
| (i) for technical assessment decisions regarding the space services providers referred to in paragraph 1, point (a), compliance shall be established by the Security Accreditation Board, in accordance with Chapter II of Regulation (EU) 2021/696; | |
| (ii) for technical assessment decisions regarding the space services providers referred to in paragraph 1, points (b) and (c), compliance shall be established by in accordance with Article 44(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Compliance Board shall work in three technical board configurations, as follows: | 1. The Compliance Board may establish Technical Boards for the preparation of the assessments referred to in Article 43. |
The Compliance Board may (not must) establish Technical Boards for specific assessment tasks. This flexible model — ad hoc boards rather than permanently operating Safety, Resilience and Environmental configurations — allows the Agency to scale its assessment capacity to actual workload rather than maintain three standing boards regardless of case volume.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Compliance Board shall work in three technical board configurations, as follows: | 1. The Compliance Board shall work in configurations, as follows: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the Safety Compliance Technical Board; | deleted |
Consequential: the permanent Safety Compliance Technical Board is replaced by ad hoc Technical Boards under the revised Article 44 §1.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the Resilience Compliance Technical Board; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the Environmental Sustainability Compliance Technical Board. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the Environmental Sustainability Compliance Technical Board. | (c) the Environmental Sustainability Compliance and Monitoring of Space Debris Technical Board. |
Julie Rechagneux, Aleksandar Nikolic, Mélanie Disdier, Pascale Piera, Ondřej Knotek, Jana Nagyová, Tomáš Kubín, Pierre-Romain Thionnet, Christophe Bay, Marion Maréchal
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The European Space Agency (ESA) shall participate as an observer or member in the Compliance Board and in any relevant body or network supporting the implementation of this Regulation, in accordance with the international agreement referred to in Article 108. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The Technical Boards referred to in paragraph 1 shall be composed of joint examination teams comprising staff members from the Agency, competent authorities and qualified technical bodies for space activities. | The Technical Boards referred to in paragraph 1 shall be composed of relevant experts from the Agency, national competent authorities, qualified technical bodies for space activities or international organisations. It may also be supported by independent experts from research and academia. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Technical Boards referred to in paragraph 1 shall be composed of joint examination teams comprising staff members from the Agency, competent authorities and qualified technical bodies for space activities. | Technical Boards shall be composed of staff of the Agency and may include, where necessary, experts made available by ESA, experts from national space agencies or public technical entities of the Member States. |
Technical Boards are composed of Agency staff and may include, where needed, ESA experts and national space agency experts. This flexible composition allows the Agency to draw on the full depth of European technical expertise for complex assessments
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| After completing their technical assessments, the Technical Boards shall submit reports to the Compliance Board. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| After completing their technical assessments, the Technical Boards shall submit reports to the Compliance Board. | deleted |
Consequential: Technical Board reports to the Compliance Board are replaced by the internal review function under Article 43 §2.
| Text proposed by the Commission | Amendment |
|---|---|
| The Technical Boards shall be supported by a technical secretariat which shall carry out preparatory work necessary to enable the Compliance Board to fulfil its tasks pursuant this Regulation. | deleted |
Consequential: the technical secretariat provision is absorbed into the Agency's general administrative support structure.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The Technical Boards shall be supported by a technical secretariat which shall carry out preparatory work necessary to enable the Compliance Board to fulfil its tasks pursuant this Regulation. | The Compliance Board may be supported by a technical secretariat from the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The Technical Boards shall be supported by a technical secretariat which shall carry out preparatory work necessary to enable the Compliance Board to fulfil its tasks pursuant this Regulation. | The Compliance Board shall be supported by a technical secretariat from the Agency. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Technical Boards shall be supported by a technical secretariat which shall carry out preparatory work necessary to enable the Compliance Board to fulfil its tasks pursuant this Regulation. | The Technical Boards shall be supported by a technical secretariat which shall carry out preparatory work necessary to enable the Compliance Board to fulfil its tasks pursuant this Regulation and to ensure the protection of space services providers data. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the criteria for the composition and the expertise of staff composing the joint examination teams to the Technical Boards, to ensure balanced participation of staff from the competent authorities and the qualified technical bodies for space activities, as well as to specify the details for their designation, tasks and working arrangements. | 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 113 to supplement this Regulation by laying down the composition and functioning of the Technical Boards. |
Keeping Technical Board composition criteria in delegated acts allows the Commission to adapt the framework as the Agency's workload and operational practice evolve, without full legislative revision each time. This is the standard instrument for operational details of this kind.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the criteria for the composition and the expertise of staff composing the joint examination teams to the Technical Boards, to ensure balanced participation of staff from the competent authorities and the qualified technical bodies for space activities, as well as to specify the details for their designation, tasks and working arrangements. | 3. The Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the criteria for the expertise of the Compliance Board as well as to specify the details for their designation, tasks and working arrangements. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte, Ondřej Knotek, Jana Nagyová, Tomáš Kubín
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the criteria for the composition and the expertise of staff composing the joint examination teams to the Technical Boards, to ensure balanced participation of staff from the competent authorities and the qualified technical bodies for space activities, as well as to specify the details for their designation, tasks and working arrangements. | 3. Following consultation with the Member States, the Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the criteria for the composition and the expertise of staff composing the joint examination teams to the Technical Boards, to ensure balanced participation of staff from the competent authorities and the qualified technical bodies for space activities, as well as to specify the details for their designation, tasks and working arrangements. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Article 45 | deleted |
| Composition of the Compliance Board and voting rules | |
| 1. | |
| The Compliance Board shall be composed of one representative of each Member State and one representative of the Commission. | |
| The term of office of the members of the Compliance Board shall be 4 years and shall be renewable. | |
| 2. The representatives of the Union agencies or bodies and of third countries or international organisations may on an exceptional basis be invited to attend the meetings of the Compliance Board as observers, as follows: | |
| (a) as regarding the representatives of Union Agencies or bodies, for matters regarding tasks or aspects of interest to those Union Agencies or bodies; | |
| (b) as regards the representatives of third countries or international organisations, for matters directly related to them, notably regarding assets of space infrastructure which they own or are located on their territory, or for matters directly related to compliance of third country space operators and international organisations, with this Regulation; | |
| 3. The arrangements regarding the conditions of participation of the representatives of third countries or international organisations referred to in paragraph 2 shall be laid down in the relevant agreements and shall comply with the rules of procedure of the Compliance Board. | |
| 4. | |
| The decisions of the Compliance Board shall be reached by consensus of all its members with voting rights. If consensus cannot be reached, the Compliance Board shall take decisions based on qualified majority voting, in accordance with Article 16 TEU. | |
| The representative of the Commission shall not vote. | |
| The Chair of the Compliance Board shall sign, on behalf of the Registration Board, the decisions adopted by the latter. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| Article 45 | deleted |
| Composition of the Compliance Board and voting rules | |
| 1. | |
| The Compliance Board shall be composed of one representative of each Member State and one representative of the Commission. | |
| The term of office of the members of the Compliance Board shall be 4 years and shall be renewable. | |
| 2. The representatives of the Union agencies or bodies and of third countries or international organisations may on an exceptional basis be invited to attend the meetings of the Compliance Board as observers, as follows: | |
| (a) as regarding the representatives of Union Agencies or bodies, for matters regarding tasks or aspects of interest to those Union Agencies or bodies; | |
| (b) as regards the representatives of third countries or international organisations, for matters directly related to them, notably regarding assets of space infrastructure which they own or are located on their territory, or for matters directly related to compliance of third country space operators and international organisations, with this Regulation; | |
| 3. The arrangements regarding the conditions of participation of the representatives of third countries or international organisations referred to in paragraph 2 shall be laid down in the relevant agreements and shall comply with the rules of procedure of the Compliance Board. | |
| 4. | |
| The decisions of the Compliance Board shall be reached by consensus of all its members with voting rights. If consensus cannot be reached, the Compliance Board shall take decisions based on qualified majority voting, in accordance with Article 16 TEU. | |
| The representative of the Commission shall not vote. | |
| The Chair of the Compliance Board shall sign, on behalf of the Registration Board, the decisions adopted by the latter. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A Board of Appeal is established. The Board of Appeal shall be responsible for deciding on appeals against decisions of the Agency. | 1. A Board of Appeal is established within the Agency. The Board of Appeal shall be responsible for deciding on appeals against decisions of the Agency. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Board of Appeal shall be composed of six members and six alternates which shall be appointed, from a list of qualified candidates established by the Commission, by the Administrative Board, on the basis on their relevant expertise in the fields of space law or space activities, notably on matters related to the safety, risk management, cybersecurity, environmental sustainability of space activities, or ISOS. | 2. The Board of Appeal shall be composed of six members and six alternates which shall be appointed, from a list of qualified candidates established by the Commission, by the Administrative Board, on the basis on their relevant expertise in the fields of space law or space activities, notably on matters related to the safety, risk management, cybersecurity, environmental sustainability of space activities, or ISOS, following consultation with the Council. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Board of Appeal shall be composed of six members and six alternates which shall be appointed, from a list of qualified candidates established by the Commission, by the Administrative Board, on the basis on their relevant expertise in the fields of space law or space activities, notably on matters related to the safety, risk management, cybersecurity, environmental sustainability of space activities, or ISOS. | 2. The Board of Appeal shall be composed of six members and six alternates which shall be appointed, from a list of qualified candidates established by the Commission, by the Administrative Board, on the basis on their relevant expertise in the fields of space law or space activities, notably on matters related to the safety, risk management, data protection, cybersecurity, environmental sustainability of space activities, or ISOS. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2 POWERS OF THE COMMISSION AND THE AGENCY REGARDING UNION SPACE OPERATORS OF UNION-OWNED ASSETS AND THIRD COUNTRY SPACE SERVICES PROVIDERS | 2 POWERS OF THE COMMISSION AND THE AGENCY REGARDING UNION SPACE OPERATORS OF UNION-OWNED ASSETS AND THIRD COUNTRY SPACE OPERATORS |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| Scope and exercise of powers by the Agency and the Commission | Scope and exercise of powers by the Agency and the Commission regarding Union space operators of Union owned assets |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Scope and exercise of powers by the Agency and the Commission | Scope and exercise of powers by the Commission and the Agency |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: | 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the Union space operators and of Union-owned assets who are entities entrusted with the execution or operation of the components of the Space Union Programme, based on the authorisation issued by the Commission in accordance with Article 12(2), and with due regard for the competences of the Member States regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: | 1. The Commission, supported and assisted by the Agency, shall exercise the supervision and monitoring of the activities of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: | 1. The Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: | 1. The Commission, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: | 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space operators regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: | 1. The Agency, supported by the Commission, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows: |
The Agency, not the Commission, exercises supervision of all operators subject to the EUSA system. Under the Commission text, the Commission supervised a narrow set of Union-owned asset operators while competent national authorities supervised everyone else. The revised provision gives the Agency primary supervisory responsibility, consistent with the Agency's role as the single authorisation and registration authority.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (a) Union space operators of Union-owned assets who are entities entrusted with the execution or operation of the components of the Union Programme, based on the authorisation issued by the Commission in accordance with Article 12(2); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) Union space operators of Union-owned assets who are entities entrusted with the execution or operation of the components of the Union Programme, based on the authorisation issued by the Commission in accordance with Article 12(2); | (a) operators subject to an EUSA authorisation; |
All EUSA-authorised operators are subject to Agency supervision. The previous sub-category of 'Union-owned asset operators supervised by the Commission' disappears: all authorised operators are in the Agency's supervisory perimeter.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (a) Union space operators of Union-owned assets who are entities entrusted with the execution or operation of the components of the Union Programme, based on the authorisation issued by the Commission in accordance with Article 12(2); | (a) Union space operators of Union-owned assets who are entities entrusted with the execution or operation of the components of the Union Space Programme, based on the authorisation issued by the Commission in accordance with Article 6; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (b) third country space operators; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) third country space operators; | (b) space operators from a third country and international organisations registered in URSA; |
Third-country operators and international organisations registered in URSA are subject to Agency supervision. Equal treatment: registration carries the same ongoing supervision obligations as authorisation.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) international organisations, pursuant to Article 107(3), and Article 108, respectively. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (c) international organisations, pursuant to Article 107(3), and Article 108, respectively. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (c) international organisations, pursuant to Article 107(3), and Article 108, respectively. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) international organisations, pursuant to Article 107(3), and Article 108, respectively. | deleted |
Consequential: the Commission's separate supervisory competence for certain international organisations is deleted. All supervised entities are in the Agency's perimeter.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) international organisations, pursuant to Article 107(3), and Article 108, respectively. | (c) international organisations, pursuant to Article 107(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| The Agency shall inform the Commission on each of the actions referred to in Articles 49, 50, 51 and 52. | The Agency shall inform the Commission on each of the actions referred to in Article 49. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission and the Agency shall exercise separately or jointly any of the tasks referred to in Articles 49, 50, 51 and 52. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Without prejudice to the respective competences of the Union institutions and of Member States, the Agency may, for the purposes of paragraph 1, point (b), after the conclusion of the international agreements referred to in Article 106(1), conclude administrative cooperation arrangements with the relevant authorities of third countries, to enable smooth conduct of inspections where the conditions laid down in Article 52(1) are met. | deleted |
| Those cooperation arrangements shall not create legal obligations in respect of the Union and its Member States, nor shall they prevent Member States and competent authorities from concluding bilateral or multilateral arrangements with third countries and their relevant authorities. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Those cooperation arrangements shall specify at least the following: | deleted |
| (a) the detailed procedures and coordination aspects with relevant third country authorities which enable the Agency to conduct, pursuant to Article 52, inspections at the business premises of the space services providers referred to in paragraph 1, point (b), located outside the Union; | |
| (b) the details setting out the conditions for the participation of the representatives of relevant third country authorities in inspections conducted by the Agency pursuant to Article 52, notably where the space services providers referred to paragraph 1, point (b), are public entities; | |
| (c) the necessary protocols and mechanisms to ensure the transmission of any relevant information between the Agency and the third country authorities, notably the mechanisms for the prompt notification by a third country authority of situations where the space services providers referred to in paragraph 1, point (b), are deemed to have infringed requirements to which they are obliged to adhere to, pursuant to the applicable law of the third country concerned, as well as the remedies and penalties that have been applied; | |
| (d) any needed coordination of supervisory activities carried out under this Regulation and those carried out by the third country authorities, respectively; | |
| (e) the regular transmission of updates regarding regulatory or supervisory developments in the third country concerned. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Those cooperation arrangements shall specify at least the following: | deleted |
| (a) the detailed procedures and coordination aspects with relevant third country authorities which enable the Agency to conduct, pursuant to Article 52, inspections at the business premises of the space services providers referred to in paragraph 1, point (b), located outside the Union; | |
| (b) the details setting out the conditions for the participation of the representatives of relevant third country authorities in inspections conducted by the Agency pursuant to Article 52, notably where the space services providers referred to paragraph 1, point (b), are public entities; | |
| (c) the necessary protocols and mechanisms to ensure the transmission of any relevant information between the Agency and the third country authorities, notably the mechanisms for the prompt notification by a third country authority of situations where the space services providers referred to in paragraph 1, point (b), are deemed to have infringed requirements to which they are obliged to adhere to, pursuant to the applicable law of the third country concerned, as well as the remedies and penalties that have been applied; | |
| (d) any needed coordination of supervisory activities carried out under this Regulation and those carried out by the third country authorities, respectively; | |
| (e) the regular transmission of updates regarding regulatory or supervisory developments in the third country concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the detailed procedures and coordination aspects with relevant third country authorities which enable the Agency to conduct, pursuant to Article 52, inspections at the business premises of the space services providers referred to in paragraph 1, point (b), located outside the Union; | (a) the detailed procedures and coordination aspects with relevant third country authorities which enable the Agency to conduct inspections at the business premises of the space services providers referred to in paragraph 1, point (b), located outside the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the details setting out the conditions for the participation of the representatives of relevant third country authorities in inspections conducted by the Agency pursuant to Article 52, notably where the space services providers referred to paragraph 1, point (b), are public entities; | (b) the details setting out the conditions for the participation of the representatives of relevant third country authorities in inspections conducted by the Agency, notably where the space services providers are public entities; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities. | 1. The Commission and the Agency may require by decision that space services providers of Union-owned assets referred to in Article 48, provide all information necessary for the Commission and the Agency to carry out their respective supervisory tasks. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities. | 1. The Commission and the Agency may request, by simple request, or require by a decision, space operators referred to in Article 48(1), to provide all information that is necessary for the Commission and the Agency to carry out their supervisory tasks. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities. | 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities, without prejudice to the safeguards established in article 115. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities. | 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a) and (b), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit or incident reports, or information on outsourced activities. | 1. The Commission and the Agency may require by decision that space services providers referred to in Article 48(1), points (a), (b) and (c), provide any information necessary for the Commission and the Agency to carry out their tasks under this Regulation, including any relevant business documents, audit, or information on outsourced activities. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. When sending a simple request for information under paragraph 1, the Commission shall refer to this Article as the legal basis of the request; state the purpose of the request; specify which information is required; set a time limit within which the information is to be provided; indicate that there is no obligation to provide the information but that, in the case of a voluntary reply to the request, the information provided must be correct and not misleading; and indicate the potential fine provided for in Article 55(1), point (c), where the answers to the question are incorrect or misleading. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In their decisions adopted pursuant to paragraph 1, the Commission and the Agency shall state the purpose of the request, specify which information is required, set a time within which that information is to be provided, specify the fines applicable, pursuant to Article 55(1), point (c), for supplying incomplete, incorrect or misleading information or explanations, the possibility to have that decision reviewed by the Court of Justice and the legal remedies available under Article 47. | 2. When requiring the provision of information by a decision under paragraph 1, the Commission and the Agency shall state the purpose of the request, specify which information is required, set a time within which that information is to be provided, specify the fines applicable, pursuant to Article 55(1), point (c), for supplying incomplete, incorrect or misleading information or explanations and indicate, the possibility to have that decision reviewed by the Court of Justice of the European Union and the legal remedies available under Article 47. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In their decisions adopted pursuant to paragraph 1, the Commission and the Agency shall state the purpose of the request, specify which information is required, set a time within which that information is to be provided, specify the fines applicable, pursuant to Article 55(1), point (c), for supplying incomplete, incorrect or misleading information or explanations, the possibility to have that decision reviewed by the Court of Justice and the legal remedies available under Article 47. | 2. When requiring the provision of information by decision under paragraph 1, the Commission and the Agency shall refer to this Article as the legal basis of the request; state the purpose of the request; specify which information is required; set a time within which that information is to be provided; indicate the fines applicable, pursuant to Article 55(1), point (c), for supplying incomplete, incorrect or misleading information or explanations; and indicate the right to have the decision reviewed by the Court of Justice of the European Union. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The space services providers referred to in Article 48(1), points (a), (b) and (c), shall supply the information requested. | 3. The space operators, referred to in Article 48(1), or their legal representatives shall supply the information requested. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The space services providers referred to in Article 48(1), points (a), (b) and (c), shall supply the information requested. | 3. The space services providers referred to in Article 48(1), points (a) and (b), shall supply the information requested. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The space services providers referred to in Article 48(1), points (a), (b) and (c), shall supply the information requested. | 3. The space services providers referred to in Article 48(1) shall supply the information requested. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The Commission shall, without delay, send a copy of the simple request or of its decision referred to in paragraph 1 to the national competent authority of the Member State, if any, in whose territory the domicile or main establishment of the legal representative is situated. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The Commission shall, without delay, send a copy of the simple request or of its decision referred to in paragraph 1 to the competent authority of the Member State, if any, in whose territory the domicile or main establishment of the legal representative is situated. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency shall conduct investigations at the space services providers referred to in Article 48(1), points (a), (b) and (c), respectively. | 1. The Commission and the Agency may conduct necessary investigations of the space operators referred to in Article 48(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency shall conduct investigations at the space services providers referred to in Article 48(1), points (a), (b) and (c), respectively. | 1. The Commission and the Agency shall conduct investigations at the space services providers referred to in Article 48(1), points (a) and (b), respectively. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency shall conduct investigations at the space services providers referred to in Article 48(1), points (a), (b) and (c), respectively. | 1. The Commission and the Agency may conduct necessary investigations of the space operators of union-owned assets referred to in Article 48. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency shall conduct investigations at the space services providers referred to in Article 48(1), points (a), (b) and (c), respectively. | 1. The Agency shall conduct investigations at the space services providers referred to in Article 48(1), points (a), (b) and (c), respectively. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission and the Agency shall issue an authorisation to their designated officials to allow them to conduct the investigations referred to in paragraph 1. The officers of the Commission and the Agency shall exercise their investigation powers upon the production of this authorisation. | The Agency shall issue an authorisation to their designated officials to allow them to conduct the investigations referred to in paragraph 1. The officers of the Agency shall exercise their investigation powers upon the production of this authorisation. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission and the Agency shall issue an authorisation to their designated officials to allow them to conduct the investigations referred to in paragraph 1. The officers of the Commission and the Agency shall exercise their investigation powers upon the production of this authorisation. | The Commission and the Agency shall issue an authorisation to their designated officials to allow them to conduct the investigations referred to in paragraph 1. The officals of the Commission and the Agency shall exercise their investigation powers upon the production of this authorisation. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission and the Agency may entrust other persons from the joint examinations teams referred to in Article 44(1) or auditors with the task to carry out investigation together with the officials of the Agency. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission and the Agency may entrust other persons from the joint examinations teams referred to in Article 44(1) or auditors with the task to carry out investigation together with the officials of the Agency. | The Agency may entrust other persons from the joint examinations teams referred to in Article 44(1) or auditors with the task to carry out investigation together with the officials of the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission and the Agency may entrust other persons from the joint examinations teams referred to in Article 44(1) or auditors with the task to carry out investigation together with the officials of the Agency. | The Commission may entrust other persons from the joint examinations teams referred to in Article 44(1) or auditors with the task to carry out investigation together with the officials of the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The authorisation referred to in paragraph 2, first subparagraph, shall specify its purpose, subject matter, the actions to be carried out, as well as the fines provided for in Article 55(1), point (c), applicable where the production of the elements referred to in paragraph 4, first subparagraph, or the answers to the questions and explanations asked under paragraph 4, point (c), are incorrect or misleading. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The authorisation referred to in paragraph 2, first subparagraph, shall specify its purpose, subject matter, the actions to be carried out, as well as the fines provided for in Article 55(1), point (c), applicable where the production of the elements referred to in paragraph 4, first subparagraph, or the answers to the questions and explanations asked under paragraph 4, point (c), are incorrect or misleading. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The officers of the Commission and the Agency shall be empowered to: | 4. In the conduct of investigations, the officials of the Commission and the Agency shall be empowered to: |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The officers of the Commission and the Agency shall be empowered to: | 4. The officers of the Agency shall be empowered to: |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (d) request records of telephone and data traffic. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The space services providers referred to in Article 48(1), points (a), (b) and (c), respectively are required to submit to investigations. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The space services providers referred to in Article 48(1), points (a), (b) and (c), respectively are required to submit to investigations. | The space operators referred to in Article 48(1) shall submit to investigations initiated on the basis of a decision of the Commission The decision shall specify the subject matter and purpose of the investigation, the relevant penalties refered to Article 55(1), and the right to have the decision reviewed by the Court of Justice of the European Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| The space services providers referred to in Article 48(1), points (a), (b) and (c), respectively are required to submit to investigations. | The space services providers referred to in Article 48(1), points (a) and (b), respectively are required to submit to investigations. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| In good time before the date of the investigation, the Commission and the Agency shall inform the competent authority of the Member State where the investigation is to be carried out of the planned investigation of the names of the authorised officers and other authorised persons referred to in paragraph 2, second subparagraph, as applicable. | Within a reasonable time before the date of the investigation, the Commission shall inform the national competent authority of the Member State where the investigation is to be carried out of the planned investigation of the names of the authorised officials and other authorised persons referred to in paragraph 2, second subparagraph, as applicable. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| In good time before the date of the investigation, the Commission and the Agency shall inform the competent authority of the Member State where the investigation is to be carried out of the planned investigation of the names of the authorised officers and other authorised persons referred to in paragraph 2, second subparagraph, as applicable. | The space operators referred to in Article 48(1) shall submit to investigations initiated on the basis of a decision of the Commission. The decision shall specify the subject matter and purpose of the investigation, and the right to have the decision reviewed by the Court of Justice of the European Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| In good time before the date of the investigation, the Commission and the Agency shall inform the competent authority of the Member State where the investigation is to be carried out of the planned investigation of the names of the authorised officers and other authorised persons referred to in paragraph 2, second subparagraph, as applicable. | In good time before the date of the investigation, the Agency shall inform the competent authority of the Member State where the investigation is to be carried out of the planned investigation of the names of the authorised officers and other authorised persons referred to in paragraph 2, second subparagraph, as applicable. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The officers of the competent authority concerned shall, at the request of the Commission and the Agency, assist the authorised officers of the Commission and the Agency and other authorised persons, in carrying out their duties. Upon request, the officers of the competent authority concerned may attend the respective investigation. | 6. The officials of the national competent authority concerned shall, at the request of the Commission and the Agency, assist the authorised officials of the Commission and the Agency and other authorised persons, in carrying out their duties. Upon request, the officials of the national competent authority concerned may also attend the respective investigation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The officers of the competent authority concerned shall, at the request of the Commission and the Agency, assist the authorised officers of the Commission and the Agency and other authorised persons, in carrying out their duties. Upon request, the officers of the competent authority concerned may attend the respective investigation. | 6. The officers of the competent authority concerned shall, at the request of the Agency, assist the authorised officers of the Agency and other authorised persons, in carrying out their duties. Upon request, the officers of the competent authority concerned may attend the respective investigation. |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), points (b) and (c), located in the Union. | 1. If an on-site inspection provided for in Article 51 requires authorisation by a judicial authority in accordance with national law, the Commission or Agency shall apply for such an authorisation. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), points (b) and (c), located in the Union. | 1. The Commission may carry out all necessary on-site inspections at any of the business premises, land or property of the space operators referred to in Article 48(1) located in the Union. Where the proper conduct and efficiency of the inspection so require and no other option is given, the Commission may carry out the on-site inspection without prior notice. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), points (b) and (c), located in the Union. | 1. The Commission may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), point (b), located in the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission and the Agency may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), points (b) and (c), located in the Union. | 1. The Agency may carry out all necessary on-site inspections at any of the business premises, land or property of the Union space operators of Union owned-assets, as well any of the business premises, land or property of the space services providers referred to in Article 48(1), points (b) and (c), located in the Union. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The officials of the Commission and other persons authorised to conduct an on-site inspection may enter any of the business premises, land or property located in the Union of the space operators referred to in Article 48(1) which are subject to an investigation decision adopted under Article 50. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1 b. Article 50(2) shall apply to on-site inspections mutatis mutandis. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The inspections referred to in paragraph 1 shall be carried out on the basis of the decisions of the Commission and the Agency respectively, to carry out an on-site investigation. | deleted |
| That decision shall designate the authorised officers of the Commission and the Agency and other persons authorised by the Commission and the Agency to conduct an inspection. | |
| It shall specify the purpose, the subject matter and the date of the inspection. It shall include the reference to the fines and the periodic penalty payments provided for in Article 56(1), for cases where the persons concerned do not submit to inspection, as well as to the possibility to have that decision reviewed by the Court of Justice and the legal remedies available under Article 47. |
| Text proposed by the Commission | Amendment |
|---|---|
| The inspections referred to in paragraph 1 shall be carried out on the basis of the decisions of the Commission and the Agency respectively, to carry out an on-site investigation. | The inspections referred to in paragraph 1 shall be carried out on the basis of the decisions of the Agency respectively, to carry out an on-site investigation. |
| Text proposed by the Commission | Amendment |
|---|---|
| That decision shall designate the authorised officers of the Commission and the Agency and other persons authorised by the Commission and the Agency to conduct an inspection. | That decision shall designate the authorised officers of the Agency and other persons authorised by the Agency to conduct an inspection. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. On-site inspections in a Member State shall require the written consent of the competent national authority and shall be limited exclusively to the premises and documentation pertaining to the alleged breaches. Operators undergoing inspections shall be entitled to legal representation and to receive a copy of the inspection reports. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The officers of the Commission and the Agency and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), points (b) and (c), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The officers of the Commission and the Agency and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), points (b) and (c), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. | 3. The powers conferred on the Commission under Articles 49 to 51 shall not be used to require the disclosure of information or documents that are subject to legal professional privilege. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The officers of the Commission and the Agency and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), points (b) and (c), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. | 3. The officers of the Commission and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), point (b), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The officers of the Commission and the Agency and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), points (b) and (c), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. | 3. The officers of the Agency and other persons authorised to conduct an on-site inspection, in accordance with paragraph 2, second subparagraph, may enter any of the business premises, land or property of the Union space operators of Union owned-assets, and of the space services providers referred to in Article 48(1), points (b) and (c), respectively. They shall have all the powers set out in Article 50(4) and the powers to seal any business premises, books or records for the period of, and to the extent necessary for, that inspection. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| In sufficient time before the inspection, the Commission and the Agency shall give notice to the competent authority of the Member State where that inspection is to be carried out. Inspections shall be carried out if the relevant authority has raised no objections. | Within a reasonable time before the date of the inspection, the Commission shall give notice to the national competent authority of the Member State where that inspection is to be carried out. The inspection shall be carried out if the relevant authority has raised no objections. |
| Text proposed by the Commission | Amendment |
|---|---|
| In sufficient time before the inspection, the Commission and the Agency shall give notice to the competent authority of the Member State where that inspection is to be carried out. Inspections shall be carried out if the relevant authority has raised no objections. | In sufficient time before the inspection, the Agency shall give notice to the competent authority of the Member State where that inspection is to be carried out. Inspections shall be carried out if the relevant authority has raised no objections. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The officers referred to in paragraph 2, second subparagraph, shall exercise their powers upon production of the decision referred to in paragraph 2, first subparagraph. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The officers referred to in paragraph 2, second subparagraph, shall exercise their powers upon production of the decision referred to in paragraph 2, first subparagraph. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Union space operators of Union owned assets and space services providers referred to in Article 48(1), points (b) and (c), respectively, shall submit to the on-site inspections ordered by decision of the Agency and the Commission. | 5. Space operators referred to in Article 48(1) shall submit to the on-site inspections ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the investigation, the relevant penalties referred to in Article 55(1), and the right to have the decision reviewed by the Court of Justice of the European Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Union space operators of Union owned assets and space services providers referred to in Article 48(1), points (b) and (c), respectively, shall submit to the on-site inspections ordered by decision of the Agency and the Commission. | 5. Union space operators of Union owned assets and space services providers referred to in Article 48(1), point (b), respectively, shall submit to the on-site inspections ordered by decision of the Agency and the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Union space operators of Union owned assets and space services providers referred to in Article 48(1), points (b) and (c), respectively, shall submit to the on-site inspections ordered by decision of the Agency and the Commission. | 5. Union space operators of Union owned assets and space services providers referred to in Article 48(1), points (b) and (c), respectively, shall submit to the on-site inspections ordered by decision of the Agency. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The officers of the competent authority of the Member State where the inspection is to be carried out and the persons authorised by such competent authorities shall, at the request of the Commission or the Agency, assist the officers referred to in paragraph 2, second subparagraph. The officials of the competent authorities may also attend the on-site inspections, upon request. | 6. The officials of the national competent authority of the Member State where the inspection is to be carried out and the persons authorised by such national competent authorities shall assist of the Commission its request. The officials of the national competent authorities may also attend the on-site inspections upon request. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The officers of the competent authority of the Member State where the inspection is to be carried out and the persons authorised by such competent authorities shall, at the request of the Commission or the Agency, assist the officers referred to in paragraph 2, second subparagraph. The officials of the competent authorities may also attend the on-site inspections, upon request. | 6. The officers of the competent authority of the Member State where the inspection is to be carried out and the persons authorised by such competent authorities shall, at the request of the Agency, assist the officers referred to in paragraph 2, second subparagraph. The officials of the competent authorities may also attend the on-site inspections, upon request. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission and the Agency may require the competent authorities to carry out specific investigatory tasks and on-site inspections, as provided for in this Article and in Article 50, on their behalf. To that end, the competent authorities shall enjoy at least the same powers as those set out in this Article and in Article 50. | 7. The Commission may require the national competent authorities to carry out specific investigatory tasks and on-site inspections, as provided for in this Article and in Article 50, on their behalf. To that end, the national competent authorities shall enjoy at least the same powers as those set out in this Article and in Article 50. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission and the Agency may require the competent authorities to carry out specific investigatory tasks and on-site inspections, as provided for in this Article and in Article 50, on their behalf. To that end, the competent authorities shall enjoy at least the same powers as those set out in this Article and in Article 50. | 7. The Agency may require the competent authorities to carry out specific investigatory tasks and on-site inspections, as provided for in this Article and in Article 50, on their behalf. To that end, the competent authorities shall enjoy at least the same powers as those set out in this Article and in Article 50. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. Where the officials of the Commission, or other authorised persons accompany them, find that a person opposes an inspection ordered pursuant to this Article, the national competent authority of the Member State concerned shall afford them the necessary assistance, requesting, where appropriate, the assistance of the police or an equivalent enforcement authority, to enable them to conduct their on-site inspection. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 52 | deleted |
| On-site inspections outside the Union | |
| 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if all the following conditions are met: | |
| (a) the concerned space services provider referred to in Article 48(1), point (b), consents to the conduct of an inspection in a third country; and | |
| (b) the relevant third country authority has been officially notified by the Agency and raised no objection thereto. | |
| 2. When the Commission and the Agency act based on paragraph 1 they shall have the powers referred to in: | |
| (a) Article 49; | |
| (b) Article 50(4), points (a), (b) and (c); | |
| (c) Article 51(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 52 | deleted |
| On-site inspections outside the Union | |
| 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if all the following conditions are met: | |
| (a) the concerned space services provider referred to in Article 48(1), point (b), consents to the conduct of an inspection in a third country; and | |
| (b) the relevant third country authority has been officially notified by the Agency and raised no objection thereto. | |
| 2. When the Commission and the Agency act based on paragraph 1 they shall have the powers referred to in: | |
| (a) Article 49; | |
| (b) Article 50(4), points (a), (b) and (c); | |
| (c) Article 51(3). |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Article 52 | deleted |
| On-site inspections outside the Union | |
| 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if all the following conditions are met: | |
| (a) the concerned space services provider referred to in Article 48(1), point (b), consents to the conduct of an inspection in a third country; and | |
| (b) the relevant third country authority has been officially notified by the Agency and raised no objection thereto. | |
| 2. When the Commission and the Agency act based on paragraph 1 they shall have the powers referred to in: | |
| (a) Article 49; | |
| (b) Article 50(4), points (a), (b) and (c); | |
| (c) Article 51(3). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 52 | deleted |
| On-site inspections outside the Union | |
| 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if all the following conditions are met: | |
| (a) the concerned space services provider referred to in Article 48(1), point (b), consents to the conduct of an inspection in a third country; and | |
| (b) the relevant third country authority has been officially notified by the Agency and raised no objection thereto. | |
| 2. When the Commission and the Agency act based on paragraph 1 they shall have the powers referred to in: | |
| (a) Article 49; | |
| (b) Article 50(4), points (a), (b) and (c); | |
| (c) Article 51(3). |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if all the following conditions are met: | 1. Where the Commission cannot fulfil its tasks set out in this Regulation by means of interaction with the legal representatives of the third country space operators providers referred to in Article 16a, the Commission with technical support from, and coordination as necessary with the Agency may coordinate with the relevant authority of the third-country to obtain the information necessary to fulfil the tasks set out in this Regulation, subject to the consent of the third country space services provider. Evidence shall be gathered in accordance with the legislation of the host country if all the following conditions are met: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if all the following conditions are met: | 1. Where the Commission and the Agency cannot fulfil their tasks set out in this Regulation by means of interaction with the legal representatives referred to in Article 23 of the space services providers referred to in Article 48(1), point (b), the Commission and the Agency may carry out on-site inspections at the business premises, land or property of space services providers referred to in Article 48(1), point (b), which are located outside the Union, if the competent authority in the third country concerned has been officially notified by the Agency and has not expressed any objections in this regard. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the concerned space services provider referred to in Article 48(1), point (b), consents to the conduct of an inspection in a third country; and | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the concerned space services provider referred to in Article 48(1), point (b), consents to the conduct of an inspection in a third country; and | (a) the concerned third country space operators consents to the conduct of an inspection in a third country; and |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the relevant third country authority has been officially notified by the Agency and raised no objection thereto. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the relevant third country authority has been officially notified by the Agency and raised no objection thereto. | (b) the relevant third country authority has been officially notified by the Commission and raised no objection thereto. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 53 | deleted |
| Procedure for investigation by the Agency | |
| 1. Where the Agency has serious indications of infringements to the technical requirements laid down in Title IV, the Agency shall open an investigation. | |
| 2. Officers conducting the investigation shall have the power to request information, in accordance with Article 49, to carry out investigations, and respectively, on-site inspections, in accordance with Articles 50 and 51. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Procedure for investigation by the Agency | Procedure for investigation by the Commission |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| -1. The Commission may on its own initiative, upon request by a Member State or upon complaint, investigate any infringement of this Regulation. | |
| Where the Commission has serious indications of the possible existence of facts liable to constitute infringements of the technical requirements laid down in Title IV, the Commission shall open an investigation. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency has serious indications of infringements to the technical requirements laid down in Title IV, the Agency shall open an investigation. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency has serious indications of infringements to the technical requirements laid down in Title IV, the Agency shall open an investigation. | 1. The Agency may upon request by a Member State or upon complaint, investigate any infringement of this Regulation. Where the Agency has serious indications of the possible existence of facts liable to constitute infringements of the technical requirements laid down in Title IV, the Agency shall open an investigation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency has serious indications of infringements to the technical requirements laid down in Title IV, the Agency shall open an investigation. | 1. Where the Agency has serious indications of infringements of the requirements laid down in this Regulation by any operator subject to an EUSA authorisation or registered in URSA, the Agency shall open an investigation. |
The Agency investigates infringements by any operator subject to EUSA authorisation or URSA registration — no longer limited to Union space operators or only certain categories. Equal enforcement across all operators in the EU market.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Officers conducting the investigation shall have the power to request information, in accordance with Article 49, to carry out investigations, and respectively, on-site inspections, in accordance with Articles 50 and 51. | 2. Officials conducting the investigation shall have the power to request information, in accordance with Article 49, to carry out investigations, and respectively, on-site inspections, in accordance with Articles 50 and 51. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. On the basis of its investigation, the Commission shall decide if one or more infringement of those technical requirements has been committed by the persons subject to an investigation and, in such a case, shall consider whether to take supervisory measures in accordance with Article 55, to impose a fine in accordance with Article 56, or both. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1), points (b) and (c), has committed an infringement of the requirements laid down by this Regulation, as specified in Annex X, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation and to adopt one or more of the measures referred to in Article 55(1), first subparagraph, as regards the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c). | When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1), points (b) and (c), has committed an infringement of the requirements laid down by this Regulation, as specified in Annex X, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1), points (b) and (c), has committed an infringement of the requirements laid down by this Regulation, as specified in Annex X, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation and to adopt one or more of the measures referred to in Article 55(1), first subparagraph, as regards the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c). | When, based on the investigation referred to in Article 53(2), the Agency finds any operator subject to an EUSA authorisation or registered in URSA has committed an infringement of the requirements laid down by this Regulation, the Agency shall adopt a decision establishing the existence of the infringement and imposing one or more of the measures referred to in Article 55(1). |
| The Agency shall set out in the decision all factual elements, the rules breached, and the amount of any fine imposed pursuant to Article 56. | |
| The Agency may, on its own initiative, upon request by a Member State or upon complaint, open or reopen an investigation into any infringement of this Regulation. |
The Agency finds infringements by any EUSA or URSA operator, not only specific categories. Investigation scope matches supervision scope — no gaps.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1), points (b) and (c), has committed an infringement of the requirements laid down by this Regulation, as specified in Annex X, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation and to adopt one or more of the measures referred to in Article 55(1), first subparagraph, as regards the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c). | When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1) has committed an infringement of the requirements laid down by this Regulation, as specified in Annex X, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation and to adopt one or more of the measures referred to in Article 55(1), first subparagraph, as regards the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1). |
| Text proposed by the Commission | Amendment |
|---|---|
| When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1), points (b) and (c), has committed an infringement of the requirements laid down by this Regulation, as specified in Annex X, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation and to adopt one or more of the measures referred to in Article 55(1), first subparagraph, as regards the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c). | When, based on the investigation referred to in Article 53(2), the Agency finds on a preliminary basis that a Union space operator of Union-owned assets or respectively a space services provider referred to in Article 48(1), points (b) and (c), has committed an infringement of the requirements laid down by this Regulation, the Agency shall make a proposal to the Commission to establish the existence an infringement of this Regulation and to adopt one or more of the measures referred to in Article 55(1), first subparagraph, as regards the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c). |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The Agency shall indicate all the factual elements, the rules breached and the proposed amount of the fine. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission may on its own initiative, upon request by a Member State or upon complaint investigate any infringement of this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission may on its own initiative, upon request by a Member State or upon complaint investigate any infringement of this Regulation. | The Commission may on its own initiative, upon request by a Member State or upon complaint investigate any infringement of this Regulation, or request the Agency to investigate. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When submitting the proposal to the Commission referred to in paragraph 1, first subparagraph, the Agency shall consider the nature and the seriousness of the infringement based on its preliminary findings, having regard to the following criteria: | deleted |
| (a) the gravity and duration of the infringement and the permanence of the damages caused by the infringement; | |
| (b) previous infringements perpetrated by that Union space operator of Union-owned assets; | |
| (c) the material or non-material damage caused, or which could be caused, by or through the infringement, including financial or economic loss and adverse effects upon other services, as well as any relevant criteria as regards the impact of the infringement, such as the number of users affected or the magnitude of the losses incurred by a third-party as a result of that infringement; | |
| (d) the intent or negligence on the part of the perpetrator of the infringement; | |
| (e) the measures taken by the Union space operator of Union-owned assets to prevent or mitigate the material or non-material damage referred to in point (c); | |
| (f) the level of cooperation during the investigation procedure, including any obstruction of audits or monitoring activities, following the discovery of the infringement; | |
| (g) the importance of the profits gained, or of the losses avoided, by the natural or legal person responsible for the infringement; | |
| (h) potential systemic consequences that such infringement may entail; | |
| (i) the need for administrative fines to have a deterrent effect. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. When the result of an investigation under this section does not allow the Agency to conclude on the existence of an infringement to this Regulation, the Agency shall adopt a decision closing the investigation. It shall without delay inform the Commission. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Supervisory measures of the Commission | Supervisory measures of the Agency |
Reflects the transfer of enforcement authority. The Agency decides; the Commission is no longer in the enforcement chain.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon receipt of the proposal of the Agency referred to in Article 54(1), first subparagraph, the Commission may take one or more of the following actions: | 1. Where in accordance with Article 53, the Agency finds an infringement concerning technical requirements defined in Title IV, Chapters I to V, the Commission may take one or more of the following actions: |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon receipt of the proposal of the Agency referred to in Article 54(1), first subparagraph, the Commission may take one or more of the following actions: | 1. Where, in accordance with Article 53, the Commission finds an infringement concerning technical requirements defined in Title IV, Chapters I to V, it may take one or more of the following actions: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon receipt of the proposal of the Agency referred to in Article 54(1), first subparagraph, the Commission may take one or more of the following actions: | 1. The Agency may, by decision adopted pursuant to Article 54(1), impose on any operator subject to an EUSA authorisation or registered in URSA, one or more of the following measures: |
The Agency, not the Commission, imposes supervisory measures on operators. Direct Agency enforcement on all operators in the EU space market — consistent with EASA's enforcement model for aviation and comparable EU safety agencies.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) establish the existence of an infringement and require the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c), to bring the infringement to an end; | (a) require the operator to bring the infringement to an end and, where appropriate, to remedy it within a specified period; |
Streamlined remediation order: the Agency requires the operator to bring the infringement to an end within a specified period and, where appropriate, remedy the effects.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (a) establish the existence of an infringement and require the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c), to bring the infringement to an end; | (a) establish the existence of an infringement and require the concerned Union space operator of Union-owned assets, third country space operator or international organisation referred to in Article 48(1) to bring the infringement to an end; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) establish the existence of an infringement and require the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), points (b) and (c), to bring the infringement to an end; | (a) establish the existence of an infringement and require the concerned Union space operator of Union-owned assets or space services provider referred to in Article 48(1), point (b), to bring the infringement to an end; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) where necessary, on the basis of a prima facie finding of infringement, order interim measures to avoid any irreparable damage; | (b) order interim measures to avoid irreparable damage, where there is a prima facie finding of infringement and urgency so requires; |
Interim measures: the Agency may order them where there is a prima facie infringement and urgency — without requiring a formal prior finding. Speed is essential for interim measures; the urgency condition is sufficient.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) impose, pursuant to Article 56, an administrative fine or, as applicable, a periodic penalty payment; | (c) impose an administrative fine or a periodic penalty payment pursuant to Article 56; |
Administrative fines and periodic penalty payments imposed by Agency decision: the Commission's intermediate step is removed.
| Text proposed by the Commission | Amendment |
|---|---|
| (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSO of the concerned space services provider referred to in Article 48(1), points (b) and (c); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSO of the concerned space services provider referred to in Article 48(1), points (b) and (c); | (d) suspend or withdraw the EUSA authorisation or URSA registration of the operator; |
Suspension or withdrawal of the EUSA authorisation or URSA registration by Agency decision. The Agency that granted the authorisation or registration is also the authority that can withdraw it — consistent and legally coherent.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSO of the concerned space services provider referred to in Article 48(1), points (b) and (c); | (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSA of the concerned third country space operator or international organisation referred to in Article 48(1); |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSO of the concerned space services provider referred to in Article 48(1), points (b) and (c); | (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSA of the concerned space services provider referred to in Article 48(1), points (b) and (c); |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSO of the concerned space services provider referred to in Article 48(1), points (b) and (c); | (d) suspend or withdraw the authorisation of the concerned Union space operator of Union-owned assets, or respectively the registration in URSO of the concerned space services provider referred to in Article 48(1), point (b); |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (e) issue a public notice indicating the Union space operator of Union-owned assets or Article 48(1), points (b) and (c), responsible for the infringement and the nature of the infringement. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (e) issue a public notice indicating the Union space operator of Union-owned assets or Article 48(1), points (b) and (c), responsible for the infringement and the nature of the infringement. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) issue a public notice indicating the Union space operator of Union-owned assets or Article 48(1), points (b) and (c), responsible for the infringement and the nature of the infringement. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) issue a public notice indicating the Union space operator of Union-owned assets or Article 48(1), points (b) and (c), responsible for the infringement and the nature of the infringement. | (e) issue a public notice indicating the operator responsible and the nature of the infringement. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (e a) The Commission shall immediately notify its decision to the space operator concerned and, where applicable, to the national competent authority of the Member State where the Union space operator of Union-owned assets is established. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When taking the actions referred to in paragraph 1, the Commission shall consider the nature and seriousness of the infringement, having regard to the criteria referred to in Article 54(2). | 2. When taking the measures referred to in paragraph 1, the Agency shall consider the nature and seriousness of the infringement, having regard to the criteria referred to in Article 56(4). |
| The Commission shall be informed of any decision adopted by the Agency pursuant to paragraph 1 without delay. Within 30 working days of notification, the Commission may refer the decision back to the Agency where it considers it to be contrary to Union law, stating its reasons. The Agency shall re-examine the decision and either confirm, amend or withdraw it within 20 working days. |
The Agency applies the same fine proportionality criteria as under Article 54(2). Consistency between the investigation criteria and the measures criteria.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When taking the actions referred to in paragraph 1, the Commission shall consider the nature and seriousness of the infringement, having regard to the criteria referred to in Article 54(2). | 2. When taking the actions referred to in paragraph 1, the Commission shall consider the nature and seriousness of the infringement. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When taking the actions referred to in paragraph 1, the Commission shall consider the nature and seriousness of the infringement, having regard to the criteria referred to in Article 54(2). | 2. When taking the actions referred to in paragraph 1, the Commission shall consider the nature and seriousness of the infringement. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency proposes, pursuant to Article 54(1), first subparagraph, in respect to a Union space operator of Union owned-assets or a space services provider referred to in Article 48(1), points (b) and (c), that the Commission imposes a fine or a periodic penalty payment, for an infringement of this Regulation, the Commission may impose within the decision finding an infringement a fine or a periodic penalty payment, in accordance with paragraphs 2, 3, 4, 5, 6 and 7. | 1. The Agency may, in the decision adopted pursuant to Article 54(1), impose on any operator registered in URSA a fine or periodic penalty payment where that operator has, intentionally or negligently, infringed the requirements of this Regulation. |
The Agency directly imposes fines and periodic penalty payments by decision, without the intermediary Commission step. The fine ceiling — twice profits gained/losses avoided or 10% of worldwide annual turnover — provides meaningful deterrence for commercial operators of all sizes.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency proposes, pursuant to Article 54(1), first subparagraph, in respect to a Union space operator of Union owned-assets or a space services provider referred to in Article 48(1), points (b) and (c), that the Commission imposes a fine or a periodic penalty payment, for an infringement of this Regulation, the Commission may impose within the decision finding an infringement a fine or a periodic penalty payment, in accordance with paragraphs 2, 3, 4, 5, 6 and 7. | 1. Following the investigation referred to in Article 53 and where the Commission finds that a person has committed an infringement of the rules referred to in Article 53, it may, based on a decision, impose a fine on that person. The Commission may also impose a fine on any person who obstructs its investigation; fails to comply with a decision adopted under Article 49(1), an investigation as referred to in Article 50, or an on-site inspection as referred to in Articles 51. |
| When determining the level of the fine to be imposed pursuant to paragraph 1, the Commission shall take into account the criteria set out in Article 55(2). |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency proposes, pursuant to Article 54(1), first subparagraph, in respect to a Union space operator of Union owned-assets or a space services provider referred to in Article 48(1), points (b) and (c), that the Commission imposes a fine or a periodic penalty payment, for an infringement of this Regulation, the Commission may impose within the decision finding an infringement a fine or a periodic penalty payment, in accordance with paragraphs 2, 3, 4, 5, 6 and 7. | 1. Where the Agency proposes, pursuant to Article 54(1), first subparagraph, in respect to a Union space operator of Union owned-assets or a space services provider referred to in Article 48(1), points (b) and (c), and where the Commission records an infringement of this Regulation the Commission may impose a fine or a periodic penalty payment in accordance with paragraphs 2, 3, 4, 5, 6 and 7. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Where the Agency proposes, pursuant to Article 54(1), first subparagraph, in respect to a Union space operator of Union owned-assets or a space services provider referred to in Article 48(1), points (b) and (c), that the Commission imposes a fine or a periodic penalty payment, for an infringement of this Regulation, the Commission may impose within the decision finding an infringement a fine or a periodic penalty payment, in accordance with paragraphs 2, 3, 4, 5, 6 and 7. | 1. Where the Agency proposes, pursuant to Article 54(1), first subparagraph, in respect to a Union space operator of Union owned-assets or a space services provider referred to in Article 48(1), point (b), that the Commission imposes a fine or a periodic penalty payment, for an infringement of this Regulation, the Commission may impose within the decision finding an infringement a fine or a periodic penalty payment, in accordance with paragraphs 2, 3, 4, 5, 6 and 7. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Small and medium-sized enterprises and mid-cap enterprises which commit a potential infringement of this Regulation shall have the chance of a clarifying dialogue with the Commission to discuss the reasons, context, scope and gravity of the non-compliance. Small and medium-sized enterprises and mid-cap enterprises may not be fined or receive a periodic penalty when strict deadlines are ensured to reach respective compliance; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. An infringement shall be considered to have been committed intentionally if objective factors demonstrate that a person acted deliberately to commit that infringement. | 2. In the case of fines as referred to in paragraph 1: |
| (a) When determining the level of the fine to be imposed pursuant to paragraph 1, the Commission shall take into account the criteria set out in Article 55(2). | |
| (b) The Commission may impose periodic penalty payments to compel Union space operators of Union-owned assets, and respectively third country space operators or international organisations referred to in Article 48(1) to: | |
| (i) put an end to an infringement of this Regulation; | |
| (ii) submit an investigation, to comply with a decision adopted under Article 49(1), or to submit to an on-site inspection ordered by a decision taken pursuant to Article 31 or 52; or | |
| (iii) to provide correct or complete answers or explanations in response to a request or decision as referred to in Article 49(1), an investigation as referred to in Article 50, or an on-site inspection as referred to in Article 51. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined, or, where this determination is not possible, 2 % of the total worldwide annual turnover, as defined in the relevant Union law, of a legal person in the preceding financial year. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined, or, where this determination is not possible, 2 % of the total worldwide annual turnover, as defined in the relevant Union law, of a legal person in the preceding financial year. | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined, or, where this determination is not possible, 2 % of the total worldwide annual turnover, as defined in the relevant Union law, of a legal person in the preceding financial year. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined, or, where this determination is not possible, 2 % of the total worldwide annual turnover, as defined in the relevant Union law, of a legal person in the preceding financial year. | 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined, or, where this determination is not possible, 2 % of the total worldwide annual turnover, as defined in the relevant Union law, of a legal person in the preceding financial year. | 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The maximum amount of the fine referred to in paragraph 1 shall be twice the amount of the profits that have been gained or twice the amount of losses that have been avoided because of the breach, where those can be determined, or, where this determination is not possible, 2 % of the total worldwide annual turnover, as defined in the relevant Union law, of a legal person in the preceding financial year. | 3. The maximum amount of the fine shall be twice the profits gained or losses avoided because of the breach, where determinable, or 10% of the total worldwide annual turnover of the legal person in the preceding financial year, whichever is higher. |
Fine ceiling clarification: the maximum is the higher of twice the profits gained/losses avoided (where determinable) or 10% of worldwide annual turnover. This provides a workable calculation basis regardless of whether the financial benefit of non-compliance can be precisely quantified.
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When determining the level of the fine to be imposed pursuant to paragraph 1, the Commission shall take into account the criteria set out in Article 54(2). | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When determining the level of the fine to be imposed pursuant to paragraph 1, the Commission shall take into account the criteria set out in Article 54(2). | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. When determining the level of the fine to be imposed pursuant to paragraph 1, the Commission shall take into account the criteria set out in Article 54(2). | 4. When determining the level of the fine to be imposed pursuant to paragraph 1, the Agency shall take into account the criteria set out in Article 54(2). |
The Agency, not the Commission, determines fine levels. Consistent with the transfer of enforcement authority throughout Article 55–56.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The Commission may impose periodic fines and penalty payments to compel Union space operators of Union-owned assets, and respectively space services providers referred to in Article 48(1), points (b) and (c), to put an end to the infringement or to submit to an investigation, and in particular to produce the complete records, data, procedure or any other material required, and to complete and correct any other information provided in an investigation launched by a decision taken pursuant to Article 50. | 5. The Commission may impose periodic penalty payments to compel Union space operators of Union-owned assets, and respectively third country space operators or international organisations referred to in Article 48(1), to put an end to the infringement or to submit to an investigation, and in particular to produce the complete records, data, procedure or any other material required, and to complete and correct any other information provided in an investigation launched by a decision taken pursuant to Article 50. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The Commission may impose periodic fines and penalty payments to compel Union space operators of Union-owned assets, and respectively space services providers referred to in Article 48(1), points (b) and (c), to put an end to the infringement or to submit to an investigation, and in particular to produce the complete records, data, procedure or any other material required, and to complete and correct any other information provided in an investigation launched by a decision taken pursuant to Article 50. | 5. The Agency may impose periodic fines and penalty payments to compel Union space operators of Union-owned assets, and respectively space services providers referred to in Article 48(1), points (b) and (c), to put an end to the infringement or to submit to an investigation, and in particular to produce the complete records, data, procedure or any other material required, and to complete and correct any other information provided in an investigation launched by a decision taken pursuant to Article 50. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The Commission may impose periodic fines and penalty payments to compel Union space operators of Union-owned assets, and respectively space services providers referred to in Article 48(1), points (b) and (c), to put an end to the infringement or to submit to an investigation, and in particular to produce the complete records, data, procedure or any other material required, and to complete and correct any other information provided in an investigation launched by a decision taken pursuant to Article 50. | 5. The Commission may impose periodic fines and penalty payments to compel Union space operators of Union-owned assets, and respectively space services providers referred to in Article 48(1), point (b), to put an end to the infringement or to submit to an investigation, and in particular to produce the complete records, data, procedure or any other material required, and to complete and correct any other information provided in an investigation launched by a decision taken pursuant to Article 50. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 6. A periodic penalty payment shall be effective and proportionate. The periodic penalty payment shall be imposed for each day of delay. | 6. A periodic penalty payment shall be proportionate. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 7. A periodic penalty payment shall be imposed for a maximum period of 6 months, following the notification of the decision of the Commission, unless it is determined, in the review of that measure, at the end of the period or 6 months, that the measure has not reached its purpose. | 7. A periodic penalty payment shall be imposed for a maximum period of 6 months, following the notification of the decision of the Commission, unless it is determined, in the review of that measure, at the end of the period or 6 months, that the measure has not achieved its purpose. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. A periodic penalty payment shall be imposed for a maximum period of 6 months, following the notification of the decision of the Commission, unless it is determined, in the review of that measure, at the end of the period or 6 months, that the measure has not reached its purpose. | 7. A periodic penalty payment shall be imposed for a maximum period of 6 months, following the notification of the decision of the Agency, unless it is determined, in the review of that measure, at the end of the period or 6 months, that the measure has not reached its purpose. |
The 6-month periodic penalty payment cap runs from notification of the Agency's decision. Consistent with the transfer of decision-making authority.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The amounts of the fines and periodic penalty payments shall be allocated to the general budget of the European Union. | 8. The amounts of the fines and periodic penalty payments shall be allocated to the general budget of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 10. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions imposing fines or periodic penalty payments. It may annul, reduce or increase the amount of a fine or periodic penalty payment imposed. | 10. The Court of Justice of the European Union shall have unlimited jurisdiction within the meaning of Article 261 TFEU to review decisions by which the Agency has imposed fines or periodic penalty payments. It may annul, reduce or increase the fine or periodic penalty payment imposed. |
Explicit reference to Article 261 TFEU unlimited jurisdiction for CJEU review of Agency fines and periodic payments, consistent with standard EU agency enforcement law practice (EASA, ESMA, ERA).
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, before taking a decision pursuant to Articles 55 and 56, shall give Union space operators of Union-owned assets and space services providers referred to Article 48(1), points (b) and (c), which are subject to the proceedings, the opportunity to be heard on the findings and grounds on which the Commission intends to adopt a decision. | The Commission shall give Union space operators of Union-owned assets and space services providers referred to Article 48(1), points (b) and (c), which are subject to the proceedings, the opportunity to be heard on the findings and grounds on which the Commission intends to adopt a decision. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, before taking a decision pursuant to Articles 55 and 56, shall give Union space operators of Union-owned assets and space services providers referred to Article 48(1), points (b) and (c), which are subject to the proceedings, the opportunity to be heard on the findings and grounds on which the Commission intends to adopt a decision. | The Commission, before taking a decision pursuant to Articles 55 or 56, shall give Union space operators of Union-owned assets and third country space operators or international organisations referred to in Article 48(1), which are subject to the proceedings, the opportunity to be heard on the findings and grounds on which the Commission intends to adopt a decision. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission, before taking a decision pursuant to Articles 55 and 56, shall give Union space operators of Union-owned assets and space services providers referred to Article 48(1), points (b) and (c), which are subject to the proceedings, the opportunity to be heard on the findings and grounds on which the Commission intends to adopt a decision. | The Commission, before taking a decision pursuant to Articles 55 and 56, shall give Union space operators of Union-owned assets and space services providers referred to Article 48(1), point (b), which are subject to the proceedings, the opportunity to be heard on the findings and grounds on which the Commission intends to adopt a decision. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Persons subject to the proceedings shall be entitled to have access to the file held by the Commission, subject to the legitimate interest of other persons in the protection of business secrets. | The rights of defence of the persons subject to the proceedings shall be fully respected throughout. Those persons shall be entitled to have access to the file held by the Commission, subject to the legitimate interest of other persons in the protection of business secrets or professional secrecy. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The right of access to the file shall not extend to confidential information or to internal preparatory documents of the Agency or of the Commission. | The right of access to the file shall not extend to confidential information or to internal preparatory documents of the Commission. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 57a | |
| As part of this assessment, following the Agency’s support, guidance and consultation with users and the outcome of the framing of the users’ needs, the Commission shall conduct a “space check” of Union legislation, evaluating whether existing or proposed Union measures sufficiently encourage the uptake, interoperability and reuse of EU space-based data and services across sectors |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| I SAFETY AND SUSTAINABILITY IN SPACE | I SAFETY IN SPACE |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1 LAUNCHERS | 1 LAUNCH VEHICLES |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| The Union launch operator shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. | The Union launch operator shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. The establishment of the safety plan cannot entail obligations relating to eco-design which go beyond what is strictly necessary for launch safety. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| The Union launch operator shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. | The Union launch operator shall submit to the national competent authority a Launch Safety Plan in accordance with point 3, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Union launch operator shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. | The launch operator operating in the Union shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| The Union launch operator shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. | Launch operators shall submit to the competent authority a Launch Safety Plan in accordance with point 3, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article58a | |
| Real-time operational safety authority | |
| 1. The competent authority, or officials duly authorised by it for this purpose, may at any time during the launch phase give instructions and impose all measures which they consider necessary in the interest of the safety of persons and property and the protection of public health and the environment, including the activation of the on-board neutralisation system referred to in Article 60(4). | |
| 2. The competent authority or the authorised officials shall consult the launch operator prior to issuing instructions pursuant to paragraph 1, except where there is immediate danger. | |
| 3. The launch operator shall comply immediately with the instructions issued pursuant to paragraph 1. Non-compliance shall constitute a ground for the suspension or withdrawal of the authorisation pursuant to Article 30(6). | |
| 4. The Commission is empowered to adopt delegated acts in accordance with Article 113 to establish the procedures for the exercise of the powers referred to in paragraph 1, including the chain of command between the competent authority, the launch site operator, the Air Navigation Service Providers and the Union collision avoidance space services provider. |
The real-time operational safety authority conferred on the competent authority — including the power to instruct activation of on-board neutralisation systems — formalises a power that every responsible launch authority exercises de facto when a launch vehicle departs from its planned trajectory. Encoding it explicitly in Union law provides legal certainty for both the authority and the operator, establishes the coordination chain with air navigation service providers, and transforms a patchwork of informal national emergency protocols into a coherent Union-wide standard.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. | 1. Launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. |
| The expected casualty risk (Ec) per launch and re-entry operation, aggregated over all phases and risk scenarios referred to in point 1.3 of Annex I, shall not exceed 10−5. | |
| Launch operators shall conduct a launch collision avoidance assessment before each launch and re-entry operation in accordance with the requirements of Annex I. | |
| Pending the publication of the references of harmonised standards pursuant to Article 104(1), the Commission shall, within six months of the date of entry into force of this Regulation, publish a communication identifying the technical methods applicable on an interim basis for the purposes of this paragraph. |
Extending the collision risk mitigation obligation to all launch operators ensures equal treatment and prevents regulatory arbitrage through non-EU registration for launch services directed at the Union market.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. | 1. Union launch operators shall take appropriate measures to assess and manage risks to people, property and the environment, including by establishing safety zones, and to ensure effective coordination with national and international competent authorities, in order to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. |
As with all space activities, provisions are needed to manage risks to people, property and the environment, including by establishing safety zones.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. | 1. Launch operators operating in the Union shall take appropriate measures to minimise the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. | 1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launch vehicle and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. | 1. Launch operators shall take appropriate measures to mitigate the risk of collision between the launcher and aircraft, maritime vessels or spacecraft, and debris in orbit, during the launch and re-entry phases. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Launch operators operating in the Union shall take appropriate action to ensure the systematic deorbiting or re-entry of the launchers once the launch has been carried out and the safety of payloads or passengers on board has been ensured. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Union launch operators shall take appropriate measures to ensure a high level of physical and digital resilience of their infrastructures during the launch and the re-entry phase. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The mitigation measures referred to in paragraph 1 shall include: | 2. The mitigation measures referred to in paragraph 1 and shall take into account already existing standards and best practices and include: |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The mitigation measures referred to in paragraph 1 shall include: | 2. The mitigation measures referred to in paragraph 1 shall take into account existing standards and best practices and include: |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the performance of a risk assessment - the Launch Collision Avoidance (‘LCOLA’) - in accordance with point 1.2, of Annex I, and the implementation of the launch closure window accordingly; | (b) the performance of a risk assessment - the Launch Collision Avoidance (‘LCOLA’) - in accordance with point 1.2, of Annex I; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the performance of a risk assessment - the Launch Collision Avoidance (‘LCOLA’) - in accordance with point 1.2, of Annex I, and the implementation of the launch closure window accordingly; | (b) the performance of risk assessment and management - the Launch Collision Avoidance (‘LCOLA’) - in accordance with point 1.2, of Annex I, and the implementation of the launch closure window accordingly; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the calculation and limitation of the casualty risk at launch and re-entry, in accordance with point 1.3, of Annex I. | (c) the calculation and limitation of the casualty risk at launch and re-entry, in accordance with point 1.3, of Annex I, and the design of emergency procedures in the event of an anomaly or incident and of appropriate response measures to minimise the associated risks. |
As with all space activities, provisions are needed to manage risks to people, property and the environment, including by establishing safety zones.
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) where the launch vehicle incorporates reusable elements whose recovery is planned within the launch phase, the implementation of safety measures for the recovery phase, including: | |
| (i) the designation of recovery exclusion zones on land and at sea, and the notification procedures for their activation; | |
| (ii) the coordination with the relevant maritime and civil aviation authorities for the closure of sea lanes and airspace in the recovery area; | |
| (iii) the definition of abort and contingency procedures for failed recovery attempts, including the measures to protect third parties in the event of an uncontrolled landing; | |
| (iv) the inclusion of the recovery phase in the risk assessment carried out pursuant to Article 60(3) and in the Launch Safety Plan submitted pursuant to Article 58. |
Reusable launch vehicle recovery operations involve specific safety risks — debris impact in case of recovery failure, coordination with maritime authorities and civil aviation in the designated recovery zone — that existing launch safety rules do not address. Adding recovery phase safety measures to the required list ensures comprehensive coverage of the full operational cycle of reusable launchers.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) the consideration of Union rules, including Directive (EU) 2022/2555 and Directive (EU) 2022/2557. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission shall, by means of implementing acts: | deleted |
| (a) develop the method to calculate the LCOLA, based on the probability of collision which shall be adapted depending on the object of interest size, and on whether the spacecraft is habitable or active; | |
| (b) select, among existing methods, and develop, a new method for the calculation of the collective risk for casualties due to launch and re-entry, with due consideration for the following elements: | |
| (i) all the phenomena leading to a risk of catastrophic damage (ascent phase, fallout from stage after separation, re-entry into the atmosphere of a deck put into orbit, recovery phase of a reusable deck); | |
| (ii) pre-fragmentation trajectories (atmospheric or in outer space), depending on the flight times and faults considered; | |
| (iii) the corresponding fragmentation and debris generation scenarios, at the re-entry or at the moment of neutralisation of the launch vehicle and the return to Earth of any element of the launcher; | |
| (iv) the dispersion on the ground of the debris and the evaluation of the effects thereof; | |
| (v) the reliability of the launch vehicle for the launch phase, including, where applicable, during the recovery phase; | |
| (vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry; | |
| (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I, for the mentioned risk scenarios; | |
| (d) set up the minimum coordination requirements between the Union launch operator, the collision avoidance space services provider, the competent authorities and traffic services providers to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise the disruption. | |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2). |
Implementing acts are not the appropriate instrument for updating the LCOLA calculation methodology: this is an essential technical parameter that the Parliament should be able to scrutinise. The power is transferred to delegated acts under the following amendment.
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (a) develop the method to calculate the LCOLA, based on the probability of collision which shall be adapted depending on the object of interest size, and on whether the spacecraft is habitable or active; | (a) select, among existing methods, the method to calculate the LCOLA, taking into account the elements listed in Annex I, point 1.2.3; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (a) develop the method to calculate the LCOLA, based on the probability of collision which shall be adapted depending on the object of interest size, and on whether the spacecraft is habitable or active; | (a) select, among existing methods, or, if appropriate develop the method to calculate the LCOLA, taking into account the elements listed in Annex I, point 1.2.3; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) develop the method to calculate the LCOLA, based on the probability of collision which shall be adapted depending on the object of interest size, and on whether the spacecraft is habitable or active; | (a) select, among existing methods, or develop, if appropriate, a method to calculate the LCOLA, taking into account the elements listed under Annex I, point 1.2.3; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) develops, if appropriate, a new method for the calculation of the LCOLA, taking into account the elements under Annex I, point 1.2.3 and the threshold for LCOLA, taking into account the elements under Annex I, point 1.2.3; |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (b) select, among existing methods, and develop, a new method for the calculation of the collective risk for casualties due to launch and re-entry, with due consideration for the following elements: | (b) select, among existing methods, a method for the calculation of the collective risk for casualties due to launch and re-entry; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) select, among existing methods, and develop, a new method for the calculation of the collective risk for casualties due to launch and re-entry, with due consideration for the following elements: | (b) select, among existing methods, or develop, if appropriate, a method for the calculation of the collective risk for casualties due to launch and re-entry, taking into account the elements listed under Annex I, point 1.3 (a); |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (b) select, among existing methods, and develop, a new method for the calculation of the collective risk for casualties due to launch and re-entry, with due consideration for the following elements: | (b) select, among existing methods, a method for the calculation of the collective risk for casualties due to launch and re-entry, taking into account the elements listed in Annex I, point 1.3 (a); |
| Text proposed by the Commission | Amendment |
|---|---|
| (i) all the phenomena leading to a risk of catastrophic damage (ascent phase, fallout from stage after separation, re-entry into the atmosphere of a deck put into orbit, recovery phase of a reusable deck); | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (i) all the phenomena leading to a risk of catastrophic damage (ascent phase, fallout from stage after separation, re-entry into the atmosphere of a deck put into orbit, recovery phase of a reusable deck); | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (i) all the phenomena leading to a risk of catastrophic damage (ascent phase, fallout from stage after separation, re-entry into the atmosphere of a deck put into orbit, recovery phase of a reusable deck); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) pre-fragmentation trajectories (atmospheric or in outer space), depending on the flight times and faults considered; | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) pre-fragmentation trajectories (atmospheric or in outer space), depending on the flight times and faults considered; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (ii) pre-fragmentation trajectories (atmospheric or in outer space), depending on the flight times and faults considered; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (iii) the corresponding fragmentation and debris generation scenarios, at the re-entry or at the moment of neutralisation of the launch vehicle and the return to Earth of any element of the launcher; | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (iii) the corresponding fragmentation and debris generation scenarios, at the re-entry or at the moment of neutralisation of the launch vehicle and the return to Earth of any element of the launcher; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (iii) the corresponding fragmentation and debris generation scenarios, at the re-entry or at the moment of neutralisation of the launch vehicle and the return to Earth of any element of the launcher; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (iv) the dispersion on the ground of the debris and the evaluation of the effects thereof; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (iv) the dispersion on the ground of the debris and the evaluation of the effects thereof; | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (iv) the dispersion on the ground of the debris and the evaluation of the effects thereof; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (iv) the dispersion on the ground of the debris and the evaluation of the effects thereof; | (iv) the dispersion on the ground of the debris, rigorous monitoring and the evaluation of the effects thereof; |
| Text proposed by the Commission | Amendment |
|---|---|
| (iva) the hazard severity of the materials carried by the launcher or its payload; |
| Text proposed by the Commission | Amendment |
|---|---|
| (v) the reliability of the launch vehicle for the launch phase, including, where applicable, during the recovery phase; | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (v) the reliability of the launch vehicle for the launch phase, including, where applicable, during the recovery phase; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (v) the reliability of the launch vehicle for the launch phase, including, where applicable, during the recovery phase; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry; | deleted |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry; | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I, for the mentioned risk scenarios; | (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I, for the mentioned risk scenarios, and establish mechanisms for advance notification and exchange of information in real time, emergency procedures in the event of an anomaly or incident and appropriate response measures; |
As with all space activities, provisions are needed to manage risks to people, property and the environment, including by establishing safety zones.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I, for the mentioned risk scenarios; | (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I; |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I, for the mentioned risk scenarios; | (c) establish the thresholds for the casualty risks, in accordance with point 1.3, point (b), of Annex I; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) set up the minimum coordination requirements between the Union launch operator, the collision avoidance space services provider, the competent authorities and traffic services providers to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise the disruption. | deleted |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| (d) set up the minimum coordination requirements between the Union launch operator, the collision avoidance space services provider, the competent authorities and traffic services providers to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise the disruption. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) set up the minimum coordination requirements between the Union launch operator, the collision avoidance space services provider, the competent authorities and traffic services providers to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise the disruption. | (d) set up the minimum coordination requirements between the launch operator operating in the Union, the collision avoidance space services provider, the competent authorities and traffic services providers to assess the impact of launch operations on other air traffic services during the launch and re-entry phases and to minimise the disruption. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| (d a) The methods established pursuant to this paragraph cannot include eco-design or environmental design requirements for the launcher. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2). | The implementing act referred to in the first subparagraph, point (c), shall set out specific quantitative allocations for a particular risk of catastrophic damage, in particular for the specific cases of sea and air routes. |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2). | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2), ensure adequate consultation of relevant stakeholders, and take into account existing international guidelines, best practices, and standards. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The Commission is empowered to adopt delegated acts in accordance with Article 113 to amend Annex I in order to update the technical requirements applicable to launch safety, including requirements relating to launch collision avoidance assessment methods, casualty risk calculation methods and coordination requirements, taking into account technical progress and internationally recognised standards and guidelines. |
Delegated acts power for amending Annex I (launch safety requirements) ensures the safety baseline can be updated to reflect technical progress with parliamentary oversight through the delegated act mechanism. This is the standard instrument for essential safety parameters in EU legislation.
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. When implementing safety and coordination measures, Union launch operators and competent authorities shall take into account geographical specificities, including population density and existing space infrastructure. Proportionate risk models may be applied in regions with low population density and established launch activities. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Launch vehicles shall either incorporate tracking devices or establish means of tracking that enable real-time monitoring of the launch vehicle position and of velocity. | 1. To assess collision risk and provide launch vehicle position and velocity, Union launch operators shall provide data based on a pre-launch collision risk assessment. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Launch vehicles shall incorporate at least a telemetry data transmitting system for monitoring the launch vehicle performance data, except where the pre-flight analysis establishes that the flight of the launch vehicle will not result in an unknown and hazardous impact area of dispersion. | 2. Union launch operators shall monitor the launch vehicle performance data, except where the pre-flight analysis establishes that the flight of the launch vehicle will not result in an unknown and hazardous impact area of dispersion. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Launch vehicles shall incorporate at least a telemetry data transmitting system for monitoring the launch vehicle performance data, except where the pre-flight analysis establishes that the flight of the launch vehicle will not result in an unknown and hazardous impact area of dispersion. | 2. Launch vehicles shall incorporate at least a data transmitting system for monitoring the launch vehicle performance data, except where the pre-flight analysis establishes that the flight of the launch vehicle will not result in an unknown and hazardous impact area of dispersion. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. | 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios, possible anomalies or incidents and the manner of real-time exchange of information, so as to implement mitigatory measures in accordance with point 2.1, of Annex I. |
As with all space activities, provisions are needed to manage risks to people, property and the environment, including by establishing safety zones.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. | 3. Launch operators operating in the Union shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. | 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios, in accordance with point 2.1, of Annex I. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. | 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios , in accordance with point 2.1, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Union launch operators shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. | 3. Launch operators shall conduct a risk assessment to identify potential risk scenarios and implement mitigatory measures, in accordance with point 2.1, of Annex I. |
András Gyürk, Julie Rechagneux, Mélanie Disdier, Jorge Martín Frías, András László, Aleksandar Nikolic, Pascale Piera, Barbara Bonte
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Union launch operators shall add an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. | 4. Following the risk assessment Union launch operators shall implement mitigation measures, including, where necessary, adding an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Union launch operators shall add an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. | 4. Following the risk assessment, Union launch operators shall implement mitigatory measures, including where necessary, adding an on-board neutralisation system, in accordance with point 2.2, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Union launch operators shall add an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. | 4. Union launch operators shall implement mitigatory measures, including by adding an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Union launch operators shall add an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. | 4. Launch operators shall have an on-board system for the neutralisation of the launcher, in accordance with point 2.2, of Annex I. |
Angelika Niebler, Christian Ehler, Jens Gieseke, Aura Salla, Inese Vaidere, Wouter Beke, Pilar del Castillo Vera, Jan Farský, Marion Walsmann, Oliver Schenk, Susana Solís Pérez, Massimiliano Salini, François-Xavier Bellamy
| Text proposed by the Commission | Amendment |
|---|---|
| Space debris mitigation for launchers | Space debris mitigation for launch vehicles |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall limit debris creation through the implementation of the following measures: | 1. Launch operators shall, to the extent possible, prevent and limit debris creation through the implementation of the following measures: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall limit debris creation through the implementation of the following measures: | 1. Launch operators operating in the Union shall limit debris creation through the implementation of the following measures: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Union launch operators shall limit debris creation through the implementation of the following measures: | 1. Launch operators shall limit debris creation through the implementation of the following measures: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) limitation of planned release of debris into Earth, during nominal operations, through the implementation measures set out in point 1.1, of Annex II; | (a) prevention and limitation, to the extent possible, of planned release of debris into Earth, during nominal operations, through the implementation measures set out in point 1.1, of Annex II; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) limitation of planned release of debris into Earth, during nominal operations, through the implementation measures set out in point 1.1, of Annex II; | (a) Prevention and limitation of planned release of debris into Earth, during nominal operations, through the implementation measures set out in point 1.1, of Annex II; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) for launches deploying a single spacecraft, the total number of launch vehicle orbital stages and resulting debris objects placed in orbit and not immediately disposed of shall not exceed one; |
Capping the number of launch vehicle orbital stages and debris objects placed in orbit per single-launch mission addresses a specific debris generation source that the Commission text does not cover. Each launch that places multiple unconstrained debris objects directly increases orbital congestion; the cap is a proportionate, per-launch mitigation measure.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) protection against accidental fragmentation, through the implementation measures set out in point 1.2, of Annex II and point 1.3, of Annex II; | (b) prevention and protection, to the extent possible, against accidental fragmentation, through the implementation measures set out in point 1.2, of Annex II and point 1.3, of Annex II; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) end-of-life disposal, in accordance with point 2, of Annex II. | (c) end-of-life disposal, including re-entry of launchers when safe and technically feasible, in accordance with point 2, of Annex II. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) establish clear mandatory end-of-life elimination measures, such as transferring satellites from Low Orbit (LEO) to Cemetery Orbits, within a limited timeframe (typically 25 years or less). |
Connections
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 2106 - 2485 - Draft opinion Safety, resilience and sustainability of space activities in the Union”. Text, 14 April 2026. docId ITRE-AM-786884. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-786884 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ITRE-AM-786884 (CC BY 4.0).
BibTeX
@misc{epw-text-itre-am-786884,
author = {{European Parliament}},
title = {{AMENDMENTS 2106 - 2485 - Draft opinion Safety, resilience and sustainability of space activities in the Union}},
year = {2026},
date = {2026-04-14},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-786884}},
url = {https://news.eu-parl.st-solutions.dev/texts/ITRE-AM-786884},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ITRE-AM-786884. Data: EP Open Data API: document record (CC BY 4.0)}
}