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Text · Report parliamentary committee draft

On the proposal for a regulation of the European Parliament and of the Council on the safety, resilience and sustainability of space activities in the Union

Document ITRE-PR-784432 · COM(2025)0335 – C100128/2025 – 2025/0335(COD)

Kind
Report parliamentary committee draft ITRE-PR-784432
Date
3 March 2026
Committee
Committee on Industry, Research and Energy
Rapporteur
Elena Donazzan
Dossier
2025-0335
More facts (3)
Formats
Official page PDF Word
Subject matter
TECN, ESPA
Reference
COM(2025)0335 – C100128/2025 – 2025/0335(COD)
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Cite this page Official page (opens the official site)
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In short

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The rapporteur's draft report sets out Parliament's position on the proposed regulation on the safety, resilience and sustainability of space activities in the Union. It amends the Commission proposal to simplify authorisation, add light regimes for smaller operators, and align cybersecurity with the NIS2 Directive. It keeps harmonised rules on authorisation, registration and supervision of space activities, but removes the Union Space Label and several detailed cybersecurity provisions. It extends the NIS2 Directive to cover space activities instead. It sets safety rules for launch vehicles, spacecraft trackability, collision avoidance, debris mitigation, constellations, environmental footprint estimation and in-space operations and services. It also sets rules for third-country operators and international organisations. It delays application to 36 months after entry into force and grants longer transition periods to small mid-caps, small and medium-sized enterprises and research and education institutions.

Position. The rapporteur proposes to amend the Commission proposal to simplify authorisation procedures, introduce light regimes for smaller operators, align cybersecurity with the NIS2 Directive, and delay application to 36 months after entry into force.

Key points

  1. Parliament's amended version keeps harmonised rules on authorisation, registration and supervision of space activities, and adds capacity building measures.
  2. It deletes the Union Space Label and its labelling schemes, and removes several detailed cybersecurity articles, instead amending the NIS2 Directive to cover space activities and Union-owned assets.
  3. It requires Union space operators to hold a Member State or Commission authorisation, with mutual recognition of authorisations between Member States.
  4. It allows a single authorisation for a satellite constellation and simplified authorisation processes for small and medium-sized enterprises, research or education institutions, and IOD/IOV or ISOS missions.
  5. It requires launch vehicles to be trackable, to undergo risk assessment and to carry mitigation measures, and sets a 25-year limit for disposal of launch vehicles in low Earth orbit.
  6. It requires Union spacecraft operators to subscribe to a collision avoidance space service or use an equivalent provider, and to cooperate on high interest event alerts.
  7. It requires spacecraft to limit debris, to be passivated before end of life, and to meet disposal probability thresholds, with a five-year orbital lifetime limit in low Earth orbit.
  8. It requires Union spacecraft operators to establish a plan to limit light and radio pollution, and to estimate the environmental footprint of their space activities.
  9. It exempts small mid-caps, small and medium-sized enterprises and research and education institutions from environmental footprint obligations for the first 60 months.
  10. It requires third-country space operators to register in the Union Register of Space Operators and to comply with safety, resilience and sustainability requirements when offering services in the Union.
  11. It allows the Commission to grant derogations for third-country launch operators where public interest conditions are met, and to allow third-country public entities to provide services until an international agreement or equivalence decision applies.
  12. It sets the regulation to apply 36 months after entry into force, with transitional rules for assets launched before that date.

Who is affected

  • Union space operators, who must obtain authorisation and comply with safety, resilience and sustainability rules.
  • Small mid-caps, small and medium-sized enterprises and research and education institutions, which get simplified procedures and exemptions.
  • Third-country space operators, who must register in URSO and meet requirements to provide services in the Union.
  • International organisations engaging in space activities, which are registered in URSO subject to international agreements.
  • Member States, which designate competent authorities and qualified technical bodies and enforce the rules.

Figures and deadlines

  • 36 months after entry into force, when the regulation applies.
  • 25 years, the limit for disposal of a launch vehicle deployed in low Earth orbit.
  • 60 months, the exemption period for small mid-caps, small and medium-sized enterprises and research and education institutions from environmental footprint obligations.
  • At least 0.90, the probability of successful passivation.
  • At least 0.95, the probability of successful passivation in certain orbits.
  • Above 0.90, the probability of successful disposal.
  • Five years, the orbital lifetime limit in low Earth orbit after end of mission.
  • Less than 10E-4, the probability of casualties per re-entry.

Legal basis. Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.

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Draft european parliament legislative resolution

(COM(2025)0335 – C100128/2025 – 2025/0335(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2025)0335),

–having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100128/2025),

–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament asserting that the draft legislative act does not comply with the principle of subsidiarity,

–having regard to the opinion of the European Economic and Social Committee of 4 December 2025,

–having regard to the opinion of the Committee of the Regions of 11 December 2025,

–having regard to Rules 60 and 42 of its Rules of Procedure,

–having regard to the opinions of the Committee on the Environment, Climate and Food Safety and the Committee on the Internal Market and Consumer Protection,

–having regard to the report of the Committee on Industry, Research and Energy (A100000/2026),

1.Adopts its position at first reading hereinafter set out;

2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the safety, resilience and sustainability of space activities in the UnionProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the safety, resilience and sustainability of space activities in the Union and amending Directive (EU) 2022/2555

Or. en

Amendment 2

Proposal for a regulation

Recital 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1) Space-based data and space services have become an important part of the Union’s economy and the daily life of citizens. They are used in sectors which are key for the functioning of the internal market, including those covered by Directive (EU) 2022/2557 of the European Parliament and of the Council3 on the resilience of critical entities and Directive (EU) 2022/2555 of the European Parliament and of the Council4 on measures for a high common level of cybersecurity across the Union.deleted
3 (3)Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (CER Directive) (OJ L 333 164, 27.12.2022. p.164, ELI: https://eur-lex.europa.eu/eli/dir/2022/2557/oj).
4 (4)Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80, ELI: https://eur-lex.europa.eu/eli/dir/2022/2555/oj).

Or. en

Amendment 3

Proposal for a regulation

Recital 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(5) The structural changes witnessed by the Union space sector, the growth of the space activities and the increased role of private actors in carrying out space activities have in turn expanded the national regulatory interventions. 13 Member States have already enacted legislations regulating the space activities while several others carry out preparations to enact similar legislations.(5) The structural changes witnessed by the Union space sector, the growth of the space activities and the increased role of private actors in carrying out space activities have in turn expanded the national regulatory interventions. Several Member States have already enacted legislations regulating the space activities while others carry out preparations to enact similar legislations.

Or. en

Amendment 4

Proposal for a regulation

Recital 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(7) However, neither the OST nor any other international treaty of the UN regulatory framework for space provide for specific and detailed rules to address the emerging risks associated with the increase of space activities. The Long-term Sustainability Guidelines adopted by the UN provide a framework of actions for national and regional entities to ensure the future protection of orbits. However, other than these non-binding guidelines, the congestion of orbits, the risk of collision, the risk of disruption of space services due to cyberattacks perpetrated on space infrastructure as well as the environmental impact of space activities constitute a growing reason for concern for the safety, resilience and environmental sustainability of space activities, for which there is no legislation at international level thus leaving a regulatory gap.(7) However, neither the OST nor any other international treaty of the UN regulatory framework for space provide for specific and detailed rules to address the emerging risks associated with the increase of space activities. A review and update of the OST is urgently needed in order to address space issues at global level, at the same time it is appropriate that the internal market is preserved from too divergent national legislations. The Long-term Sustainability Guidelines adopted by the UN provide a framework of actions for national and regional entities to ensure the future protection of orbits. However, other than these non-binding guidelines, the congestion of orbits, the risk of collision, the risk of disruption of space services due to cyberattacks perpetrated on space infrastructure as well as the environmental impact of space activities constitute a growing reason for concern for the safety, resilience and environmental sustainability of space activities, for which there is no legislation at international level thus leaving a regulatory gap.

Or. en

Amendment 5

Proposal for a regulation

Recital 9

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(9) These approaches share a common objective, namely setting out the authorisation conditions to address the risks mentioned above. Member States are thereby acknowledging the importance of preserving the safety of orbits and the resilience of space infrastructure, with due regard to the optimal and sustainable use of outer space. Such national space legislations however vary as to the extent and depth of the specific requirements to address the risks to the safety, resilience and sustainability of space activities. In this regard Member States approaches vary from minimalist to detailed normative stances. Diverging national requirements may lead to the fragmentation of the internal market and decrease legal certainty needed by Union space operators.(9) These approaches share a common objective, namely setting out the authorisation conditions to address the risks mentioned above. Member States are thereby acknowledging the importance of preserving the safety of orbits and the resilience of space infrastructure, with due regard to the optimal and sustainable use of outer space. Such national space legislations however vary as to the extent and depth of the specific requirements to address the risks to the safety, resilience and sustainability of space activities.

Or. en

Amendment 6

Proposal for a regulation

Recital 10

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(10) As a result, various fragmented space activities frameworks emerge across the Union, triggered by a variety of norms with discrepancies in their level of detail also resulting in a lack of coordination among Member States.deleted

Or. en

Amendment 7

Proposal for a regulation

Recital 11

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(11) Fragmentation in the conditions of authorisation in relation to key elements of space infrastructure, such as spacecraft, or to cyber risk management rules when providing space services, or to the environmental impact of space activities, can adversely impact the freedom to provide space-based data generated by space infrastructure and the provision and deployment of space services in the Union.(11) Fragmentation in the conditions of authorisation can adversely impact the freedom to provide space-based data generated by space infrastructure and the provision and deployment of space services in the Union.

Or. en

Amendment 8

Proposal for a regulation

Recital 12

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(12) Typical assets of space infrastructure, such as spacecraft, which do not fulfil the specific requirements laid down in some legislations may be prevented from being used in the internal market of space services. Some Member States have for instance chosen to impose for safety reasons more stringent requirements on the design of satellites, in respect to satellites authorised for launch according to the legislation of other Member States. This divergence may not only render more difficult the cross-border trade for a company supplying satellites but Member States taking a strict stance on safety authorisation requirements may choose to not allow launches from their territory of satellites authorised for operation in Member States subject to less stringent safety requirements. In a similar vein, where surveillance and tracking requirements before and after the launch of satellites, or where specific cyber risk management rules were put in place only in some Member States, the provision of space services, such as the operation and launch services across the internal market might be adversely impacted.(12) Typical assets of space infrastructure, such as spacecraft, which do not fulfil the specific requirements laid down in some legislations may be prevented from being used in the internal market of space services. The divergence in national requirements may not only render more difficult the cross-border trade for a company supplying satellites but Member States taking a strict stance on safety authorisation requirements may choose to not allow launches from their territory of satellites authorised for operation in Member States subject to less stringent safety requirements. In a similar vein, where surveillance and tracking requirements before and after the launch of satellites were put in place only in some Member States, the provision of space services, such as the operation and launch services across the internal market might be adversely impacted.

Or. en

Amendment 9

Proposal for a regulation

Recital 15

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(15) The cross-border nature of space activities in the Union is likely to intensify considering the growing number of Union space operators as well as the rising number of companies developing launcher solutions and of Member States planning to develop launch capabilities. Against this background, diverging conditions across the national authorisation regimes are likely to create more barriers in the space sector, with impact on the continuity of the supply of space-based data and provision of space services which in turn support many areas of activity in the internal market, including critical sectors and infrastructure.(15) Against this background, diverging conditions across the national authorisation regimes are likely to create more barriers in the space sector, with impact on the continuity of the supply of space-based data and provision of space services which in turn support many areas of activity in the internal market, including critical sectors and infrastructure.

Or. en

Amendment 10

Proposal for a regulation

Recital 16

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(16) Therefore, to safeguard and improve the functioning of the internal market, a set of uniform, effective and proportionate mandatory rules which harmonise key aspects for space services in the context of authorisation of space activities should be established at Union level, to ensure unhindered provision of space-based data and space services across the internal market.(16) Therefore, to safeguard and improve the functioning of the internal market, a set of uniform, effective and proportionate rules which harmonise key aspects of authorisation of space activities should be established at Union level, to ensure unhindered provision of space-based data and space services across the internal market.

Or. en

Amendment 11

Proposal for a regulation

Recital 17

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(17) By laying down technology neutral key requirements, innovation should be stimulated by offering to the space services providers access to current and potential new markets, resulting in an increased choice for end users.(17) By laying down technology neutral key requirements, innovation should be stimulated by offering to the space services providers access to current and potential new markets, resulting in an increased choice for end users, while ensuring enhanced participation of small mid-caps, small and medium sized enterprises and research and education institutions through reducing administrative burden, improved access to finance, and fair opportunities within European space value chains.

Or. en

Amendment 12

Proposal for a regulation

Recital 18

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(18) Only in limited cases, considering the strategic importance for the Union or Member States to have access to certain space services, the Commission should grant a derogation from the requirements laid down in this Regulation for launch services where this is justified by a public interest. Implementing powers should be conferred on the Commission to grant a derogation to the respective third-country launch operator where the public interest condition is met.(18) Only in limited cases, considering the strategic importance for the Union or Member States to have access to certain space services, the Commission should grant a derogation from the requirements laid down in this Regulation for launch services where this is justified by a public interest. Commission should adopt a decision to grant a derogation to the respective third-country launch operator where the public interest condition is met.

Or. en

Amendment 13

Proposal for a regulation

Recital 19

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(19) At the same time, swift action in cases of emergency or crisis might be necessary, exceptionally and on a temporary basis, to make use of space-based data or space services provided by space service providers which have not been registered in the Union.(19) At the same time, swift action in cases of emergency or crisis might be necessary, exceptionally and on a temporary basis, to make use of space-based data or space services provided by space operators which have not been registered in the Union.

Or. en

Amendment 14

Proposal for a regulation

Recital 20

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(20) Space services providers established in the Union should be subject to an authorisation regime, to address key safety and resilience aspects of typical space services which relate for instance to the operation of spacecraft, the provision of launch services and the operation and maintenance of launch sites. Union space operators of Union-owned assets should be authorised by the European Union Agency for the Space Programme (‘the Agency’) established by Regulation (EU) 2021/696 of the European Parliament and of the Council5 , while Union space operators operating assets other than Union-owned assets should be authorised by Member States.(20) Space operators established in the Union should be subject to an authorisation regime, to address key safety and resilience aspects of typical space services which relate for instance to the operation of spacecraft, the provision of launch services and the operation and maintenance of launch sites. Union space operators of Union-owned assets should be authorised by the Commission, with the technical assessment of the European Union Agency for the Space Programme (‘the Agency’) established by Regulation (EU) 2021/696 of the European Parliament and of the Council5 , while Union space operators operating assets other than Union-owned assets should be authorised by Member States.
5 (5)Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69 ELI: ttp://data.europa.eu/eli/reg/2021/696/oj)5 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69 ELI: ttp://data.europa.eu/eli/reg/2021/696/oj)

Or. en

Amendment 15

Proposal for a regulation

Recital 21

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(21) Space services providers established in the Union providing advanced space services such as collision avoidance (CA) space services or in space services and operations (ISOS) support the typical space services and play a role in the protection and long-term sustainability of assets of space infrastructure. Therefore it is appropriate to subject this category of emerging space services providers to a limited set of rules. This would enable the development of new applications and markets in the space sector (in-space economy).(21) Space services providers established in the Union providing advanced space services such as collision avoidance (CA) space services or in space services and operations (ISOS) support the typical space services and play a role in the protection and long-term sustainability of assets of space infrastructure. Therefore it is appropriate to subject this category of emerging space services providers to a limited set of rules.

Or. en

Amendment 16

Proposal for a regulation

Recital 22

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(22) Primary providers of space-based data play a key role as intermediaries between the upstream and downstream sectors as they channel space-based data from space operators towards the various subsequent uses of such space-based data, for the benefit of the entire economy and citizens. In that respect, although the substantive rules which apply to space operators should not apply to them, they still play an important role in the space sector, by ascertaining that the space-based data which they pass down in the value chain originates from space operators that are compliant with this Regulation. Therefore, the Agency should draw-up a list of such primary providers of space-based data in the Union. In light of their role of intermediary, primary providers of space-based data are best placed to receive alerts or complaints about potential irregularities in respect to the use in the Union of space-based data, to directly alert their suppliers or bring to the knowledge of the Agency or the relevant competent authority in the Member State where they are established, any allegations about space-based data potentially originating from unregistered or non-compliant space operators, which may be in use in the internal market.(22) Primary providers of space-based data play a key role as intermediaries between the upstream and downstream sectors as they channel space-based data from space operators towards the various subsequent uses of such space-based data, for the benefit of the entire economy and citizens.

Or. en

Amendment 17

Proposal for a regulation

Recital 23

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(23) In order to create equal conditions for operating in the internal market, the rules for all space services providers within scope of this Regulation, including Union space operators, should apply to the extent space-based data and space services are provided in the Union.deleted

Or. en

Amendment 18

Proposal for a regulation

Recital 24

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(24) Therefore, to ensure that no space operator is given an advantage by not being subject to the rules laid down by this Regulation, it is appropriate to ensure a uniform treatment of all space operators, including third-country space services providers, such as third- country spacecraft operators, third-country launch providers, third-country primary providers of space-based data, if they are providing space-based data or space services in the Union.deleted

Or. en

Amendment 19

Proposal for a regulation

Recital 25

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(25) This Regulation should thus apply to space services providers, irrespective of their place of establishment, if the space-based data or space services are provided in the Union, thereby demonstrating a substantial connection to the internal market, preventing the risk of circumvention of rules to the disadvantage of Union consumers and businesses, and safeguarding the efficiency of the objectives pursued by this Regulation.deleted

Or. en

Amendment 20

Proposal for a regulation

Recital 26

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(26) All space services providers established in a third country should designate in writing one or more legal representative(s) in the Union, depending on their commercial needs and organisational requirements. Such legal representatives in the Union should be endowed with all necessary powers and resources to cooperate with the relevant authorities, the Commission and the Agency, on all aspects that are needed for the receipt of information and of decisions related to the compliance with, and enforcement, of this Regulation.(26) In order to ensure an efficient exchange of information and receipt of any decision, space operators established in a third country should designate in writing one or more legal representative(s) in the Union.

Or. en

Amendment 21

Proposal for a regulation

Recital 27

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(27) Certain third-country jurisdictions may adhere to high levels of safety, resilience and environmental sustainability of space activities and as such apply safety, resilience and environmental sustainability requirements similar to those laid down in this Regulation.deleted

Or. en

Amendment 22

Proposal for a regulation

Recital 28

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(28) In these cases, a mechanism of equivalence is to ensure the recognition of a level of protection comparable to what is required under this Regulation. Thus, where an assessment has been carried out by the Commission, in relation to the applicable legal framework of a third country and the legally binding rules applicable in that third country, deemed to be equivalent to the requirements laid down in this Regulation, the compliance of the space services providers established in that third country should be established on that basis. Such space services providers should be able to provide space-based data and space services in the Union based on an equivalence decision to be adopted by the Commission(28) Certain like-minded third countries may adhere to high levels of safety, resilience and sustainability of space activities similar to those laid down in this Regulation. A mechanism of equivalence is to ensure an equivalence of the requirements of the legal and supervisory framework of a third country that are comparable to the requirements laid down in this Regulation. Where an assessment has been carried out by the Commission, the compliance of the space operators established in that third country should be established on the basis of equivalence. Such space operators should be able to provide space-based data and space services in the Union based on an equivalence decision to be adopted by the Commission.

Or. en

Amendment 23

Proposal for a regulation

Recital 29

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(29) Space services providers established in a third country for which an equivalence decision has not been adopted should be required to undergo checks to establish compliance with the requirements laid down in this Regulation. To promote convergence of supervisory approaches, the Agency should carry out the technical assessments needed for the Commission to establish compliance and allowing the Commission to decide, based on technical assessments, on the registration of space service providers in the Union and on any supervisory measures. For this purpose, a Register should be set-up at Union level.(29) Space services providers established in a third country for which an equivalence decision has not been adopted should be required to undergo technical assessments to establish compliance with the requirements laid down in this Regulation. The Agency should carry out the technical assessments needed for the Commission to establish compliance and allowing the Commission to decide, based on technical assessments, on the registration of space service providers in the Union and on any supervisory measures. For this purpose, a Register should be set-up at Union level.

Or. en

Amendment 24

Proposal for a regulation

Recital 30

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(30) The Union should seek gradually to conclude mutual recognition agreements with third countries.(30) The Union should seek gradually to conclude mutual recognition agreements with third countries considering existing international partnerships and business relations.

Or. en

Amendment 25

Proposal for a regulation

Recital 31

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(31) In order to comprehensively cover all assets of space infrastructure and avoid gaps, this Regulation should also apply to assets operated by international organisations engaging in space activities, such as the European Space Agency (ESA) or the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT). Such international organisations, considering their extensive technical, scientific and operational expertise, as well as their dedicated infrastructure and capabilities in the space domain, are key partners to the Commission, the Agency and the Member States, in particular in the context of implementing components of the Union Space Programme, conducting joint procurement or programmes of Members States.(31) International organisations engaging in space activities, such as the European Space Agency (ESA) or the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) have extensive technical, scientific and operational expertise, as well as their dedicated infrastructure and capabilities in the space domain, and are key partners to the Commission, the Agency and the Member States, in particular in the context of implementing components of the Union Space Programme, conducting joint procurement or programmes of Members States.

Or. en

Amendment 26

Proposal for a regulation

Recital 32

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(32) To achieve regulatory coherence in the context of the harmonisation entailed by this Regulation, such international organisations, when operating their own assets, should be subjected to Union law, upon appropriate conditions regarding the means of application and enforcement of Union law to them, which should be laid down in international agreements concluded between the Union and respectively each of such international organisations. Where such international organisations operate Member States assets, enforcement of the rules laid down by this Regulation should be ensured by the competent authorities. Where such international organisations operate Union-owned assets, enforcement should be ensured in accordance with the provisions of the contribution agreements concluded by the Commission to that effect.(32) To achieve regulatory coherence in the context of the harmonisation entailed by this Regulation, such international organisations, upon appropriate conditions regarding the means of application and enforcement of Union law to them, should conclude international agreements with the Union. Where such international organisations operate Member States assets, enforcement of the rules laid down by this Regulation should be ensured by the competent authorities. Where such international organisations operate Union-owned assets, enforcement should be ensured in accordance with the provisions of the contribution agreements concluded by the Commission to that effect.

Or. en

Amendment 27

Proposal for a regulation

Recital 33

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(33) ESA is an international organisation with extensive expertise in the space domain and an important partner in the implementation of the Union Space Programme. ESA develops and operates, in accordance with dedicated agreements, assets of space infrastructure for the Union Space Programme and the Union Secure Connectivity Programme. ESA also develops space missions on behalf of Member States within its mandatory activities and optional programmes, and provides, at the request of one or more Member States, assistance to national projects in the space domain. ESA is also a central driver for developing technical standards for space activities. The conditions for the implementation of this Regulation to ESA should be further defined in an agreement with due regard to ESA’s status and institutional framework.(33) The European Space Agency (ESA) is an important partner in the implementation of the Union Space Programme. ESA develops and operates, in accordance with dedicated agreements, assets of space infrastructure for the Union Space Programme and the Union Secure Connectivity Programme. ESA also develops space missions on behalf of Member States within its mandatory activities and optional programmes, and provides, at the request of one or more Member States, assistance to national projects in the space domain. ESA is also a central driver for developing technical standards for space activities. The conditions for the implementation of this Regulation to ESA should be defined in an agreement based on Article 218 TFUE, with due regard to ESA’s status and institutional framework.

Or. en

Amendment 28

Proposal for a regulation

Recital 36

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(36) In order to preserve the competences of the Member States, this Regulation should not apply to space objects that are exclusively used to enable defence or national security objectives, irrespective of the entity carrying out such space activities. Space objects that are only partially used for defence purposes should be excluded from the scope of this Regulation when they need to be placed under a Member State operation and control, for defence purposes, only for the duration of the respective space mission carried out by the military forces. In such cases, it is for each Member State to determine, owing to the circumstances of the case, whether such space object would fall under the above mentioned exclusion.(36) In order to preserve the competences of the Member States, this Regulation should not apply to space objects that are exclusively used to enable defence or national security objectives, irrespective of the entity carrying out such space activities. Space objects that are only temporarily used for defence purposes or national security should be excluded from the scope of this Regulation when they need to be placed under a Member State operation and control for the durations of those operations.

Or. en

Amendment 29

Proposal for a regulation

Recital 39

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(39) This Regulation is without prejudice to Union competition rules, including antitrust, merger and State aid rules.deleted

Or. en

Amendment 30

Proposal for a regulation

Recital 40

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(40) The minimum key harmonised rules on the safety, resilience and sustainability of space activities laid down in this Regulation should integrate the authorisations issued by competent authorities or, as appropriate, the regimes laid down by Member States for governmental entities carrying out a national space programme. The specific character of certain entities, should be acknowledged, such as governmental space agencies which carry out national space programmes, which may not necessarily be subject to authorisations in the same way as other space services providers. Consequently, Member States should ensure, as regards these entities, an appropriate supervision that respects and implements the principles of separation of roles and absence of conflict of interest.(40) The minimum key harmonised rules on the safety, resilience and sustainability of space activities laid down in this Regulation should integrate the authorisations issued by competent authorities or, as appropriate, the regimes laid down by Member States for governmental entities carrying out a national space programme. The specific character of certain entities, should be acknowledged, such as governmental space agencies which carry out national space programmes, which may not necessarily be subject to authorisations in the same way as other space services providers.

Or. en

Amendment 31

Proposal for a regulation

Recital 41

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(41) To enable seamless authorisation processes across the internal market and create equal treatment of all Union space operators the overall duration of authorisations should be 12 months, with the possibility to suspend the deadlines applicable in the authorisation process, with a view to take into account the need for further clarifications and assessments.deleted

Or. en

Amendment 32

Proposal for a regulation

Recital 42

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(42) Member States should remain free to carry out any exchanges with potential applicants in advance of their formal authorisation processes, according to national rules. Such preliminary and informal exchanges would enable applicants to better understand and ensure compliance with the requirements laid down in this Regulation and in national legislation, as applicable, including any relevant legislation of other Member States, where, for instance, multiple authorisations are required across the internal market, considering the criteria of nationality or establishment, the place of operation and of launching.(42) Member States are free to carry out any exchanges with potential applicants in advance of their formal authorisation processes. Such preliminary and informal exchanges would enable applicants to better understand and ensure compliance with the requirements laid down in this Regulation and in national legislation.

Or. en

Amendment 33

Proposal for a regulation

Recital 43

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(43) The competent authorities of a Member State should accept and recognise the authorisations issued by the competent authorities of other Member States, as regards the matters which are covered by this Regulation. At the same time, full transparency of national requirements that may be laid down by Member States should be ensured, including for stricter requirements that may be necessary to safeguarding the safety, resilience or environmental sustainability of an operation or a launch carried out on their territories in respect to a space mission carried out by space operators authorised in their own Member State of establishment. Such information should be provided through a common Information Portal.(43) The competent authorities of a Member State should accept and recognise the authorisations issued by the competent authorities of other Member States, as regards the matters which are covered by this Regulation. At the same time, full transparency of national requirements that may be laid down by Member States should be ensured, including for stricter requirements, when duly justified and consistent with Member States’ obligations laid down in Union law, that may be necessary to safeguarding the safety, resilience or environmental sustainability of a space activity carried out on their territories by space operators authorised in their own Member State of establishment. Such information should be provided through a common Information Portal.

Or. en

Amendment 34

Proposal for a regulation

Recital 44

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(44) In light of the technical complexity and the length of the preparation of a space mission, applicants should have sufficient time to provide any required information or clarification. Thereby a suspension of the deadlines applicable, in the processes for authorisations, to the competent authorities, should be also foreseen.deleted

Or. en

Amendment 35

Proposal for a regulation

Recital 45

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(45) Conformity of space objects with the requirements of this Regulation should be presumed both for space services providers established in the Union, since such conformity has been verified by the national competent authorities when issuing the authorisation, and for space service providers established in a third country for which a decision of equivalence has been granted by the Commission.deleted

Or. en

Amendment 36

Proposal for a regulation

Recital 46

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(46) Once compliance with the requirements laid down in this Regulation has been established, the registration in the Union Register of Space Objects (URSO) and the issuing of an electronic certificate (e-certificate) - proving that the space-based data has been generated by space objects which are compliant with this Regulation and respectively that the space services are based on the use and operation of space objects compliant with this Regulation - should enable the free provision of the space-based data and space services across the Union. The Agency should issue to registered space services providers the individual e-certificates.(46) Once compliance with the requirements laid down in this Regulation has been established, the registration in the Union Register of Space Operators (URSO) and the issuing of an electronic certificate (e-certificate) - proving that the space-based data has been generated by space objects which are compliant with this Regulation and respectively that the space activities are based on the use and operation of space objects compliant with this Regulation - should enable the free provision of the space-based data and space services across the Union. The Agency should issue to registered space operators the individual e-certificates.

Or. en

Amendment 37

Proposal for a regulation

Recital 47

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(47) Consolidated lists of all space services providers registered in URSO, established in the Union and in third countries, should be made accessible to the public, through the URSO website, thereby ensuring transparency on all space services providers registered in the Union. Any person could verify the source of the space-based data with a view to ascertain, at any given moment, that the space services provided in the Union make use of data that has been generated by space objects compliant with the requirements of Union law.(47) Consolidated lists of all space operators registered in URSO, established in the Union and in third countries, should be made accessible to the public, through the URSO website, thereby ensuring transparency on all space operators and their activities registered in the Union.

Or. en

Amendment 38

Proposal for a regulation

Recital 48

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(48) A specific standard for the e-certificate should be developed, at the request of the Commission, and should be in place by the date of application of this Regulation. The e-certificate would establish the link between a given space object and the space-based data that has been generated through its use, guaranteeing the integrity of such space-based data.(48) An e-certificate should be issued upon completion of the registration in URSO. The e-certificate would establish the link between a given space object and the space-based data that has been generated through its use, guaranteeing the integrity of such space-based data.

Or. en

Amendment 39

Proposal for a regulation

Recital 49

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(49) In order to match increased customer demand for satellite offerings, reap the benefits of technological advances and associated cost reductions, and secure better access to capital, the authorisation processes for the launch of satellite constellations should be streamlined. Under certain conditions, and subject to a set of safeguards, a simplified authorisation procedure should be available, leading to the issuing of a single authorisation valid for the entire satellite constellation.(49) As part of the recent development of the space sector, satellite constellations have been in increase and this significant development should be taken into consideration. Therefore, under certain conditions, and subject to a set of safeguards, a simplified authorisation procedure should be available, leading to the issuing of a single authorisation valid for the entire satellite constellation.

Or. en

Amendment 40

Proposal for a regulation

Recital 51

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(51) Space operators should benefit from dedicated exemptions from the rules laid down in the different areas covered by this Regulation. When carrying out research space missions, they should be exempted from certain rules on safety. Similarly, space operators that qualify as small-sized enterprises or are research or education institutions should apply a simplified risk management focusing on critical assets and addressing main risks. In-Orbit Demonstration and Validation (IOD/IOV) space missions should also be exempted from the calculation of the environmental footprint (EF) of space activities.(51) Space operators should benefit from dedicated exemptions from the rules laid down in the different areas covered by this Regulation. When carrying out research space missions, they should be exempted from certain rules on safety. In-Orbit Demonstration and Validation (IOD/IOV) and ISOS space missions should also be exempted from the estimation of the environmental footprint (EF) of space activities. Longer transition periods should be granted to small mid-caps, small and medium-sized enterprises, and research and education institutions in the estimation of EF.

Or. en

Amendment 41

Proposal for a regulation

Recital 52

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(52) Ensuring safe, resilient, sustainable and cost-efficient access to space is key to obtaining a variety of services and supporting the scientific research, while aligned with key principles and rights enshrined in the OST. At the same time, launch operators may also require time adapt to the new launch safety measures. This Regulation should provide for an appropriate mechanism to ensure access to space while the industry adapts to the new safety baseline put in place at Union level.deleted

Or. en

Amendment 42

Proposal for a regulation

Recital 54

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(54) From micro to heavy launchers, the launcher market has evolved. New capabilities are developed, such as re-usability of, for example, the first stage and boosters of the launch vehicles. More Member States are developing launch capabilities and thus intensifying access to space.(54) From micro to heavy launch vehicles, the launcher market has evolved. New capabilities are developed, such as re-usability of, for example, the first stage and boosters of the launch vehicles. More Member States are developing launch capabilities and thus intensifying access to space.

Or. en

Amendment 43

Proposal for a regulation

Recital 55

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(55) Access to space is crucial for EU's strategic autonomy. However, an increased launch traffic also has consequences for the safety for the launch and re-entry and for safety in the air and on ground. The increased space launch traffic might also generate a negative impact on the economic, environmental and efficient performance of the Single European Sky. The risk of disruption of the air and maritime traffic should be minimised in agreement with the relevant authorities and air traffic service providers. Coordination between the relevant authorities and the competent air traffic service providers at national level contributes to limit the impacts of traffic disruption and the risk of collision. When space launches affect more than one Member State, timely coordination between space operators and the European Network Manager is needed. This coordination should include an assessment of the European airspace closure size, duration and impacted air routes. Only at a later stage adequate cost sharing mechanisms for the use of the airspace should be established. This will incentivise the safe and sustainable use of airspace for all users. Furthermore, the stages of launch and re-entry may also create a risk for on-ground casualty which needs to be limited through close coordination with the impacted relevant authorities and traffic service providers. The increasing risk of collision with aircraft during the transition phase of space launch and re-entry can be support by well-established aviation safety methodologies and best practices on risk assessment.(55) Access to space is crucial for EU's strategic autonomy. However, an increased launch traffic also brings challenges for the safety for the launch and re-entry and for safety in the air and on ground. The impact of increased space launch traffic might also generate a negative impact on the air and maritime traffic should be minimised in agreement with the relevant authorities and air traffic service providers. When space launches affect more than one Member State, timely coordination between space operators and the European Network Manager is needed. This coordination should include an assessment of the European airspace closure size, duration and impacted air routes. This will incentivise the safe and sustainable use of airspace for all users.

Or. en

Amendment 44

Proposal for a regulation

Recital 56

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(56) Launch activities are inherently risky and can cause irreversible damage if not managed properly. Rules should consequently be laid down to ensure that launchers are trackable and undergo a risk assessment which identifies and sets-up several measures to mitigate, to the extent possible, the associated risks.(56) Launch activities require appropriate rules to ensure that launch vehicles are trackable and undergo a risk assessment which identifies and sets-up several measures to mitigate, to the extent possible, the associated risks.

Or. en

Amendment 45

Proposal for a regulation

Recital 57

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(57) Projections show that, even without any new launches, collision between space objects already in space will become a big source of debris. The risk of collision between space objects would ultimately put an already congested Low Earth Orbit (LEO) under pressure, which creates a risk for the future access to space. In terms of mass, most space debris come from parts of launch vehicles (rocket bodies). Meanwhile, the number of spacecraft in orbit is rapidly growing due to the developments of satellite constellations.(57) Projections show that, even without any new launches, collision between space objects already in space will become a big source of debris. The risk of collision between space objects would ultimately put an already congested Low Earth Orbit (LEO) under pressure, which creates a risk for the future access to space.

Or. en

Amendment 46

Proposal for a regulation

Recital 58

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(58) To protect the space environment, there is a need to ensure that launch vehicles and spacecraft produce the least amount of debris. Prevention of debris is also in line with the prevention approach as a first stage in the waste hierarchy established by the Waste Framework Directive10 . Consequently, obligations at the design phase, as well as during the orbital lifetime, should be provided for. This necessity is also recognised at international level, where several standards have been adopted by the International Standardisation Organisation (ISO). Therefore, the authorisation to carry out space activities should be linked to the submission by space operators of specific space debris plans to demonstrate how the launch vehicles and spacecraft would limit debris creation.(58) To protect the space environment, there is a need to ensure that launch vehicles and spacecraft produce the least amount of debris. Therefore, the authorisation to carry out space activities should be linked to the submission by space operators of specific space debris plans to demonstrate how the launch vehicles and spacecraft would limit debris creation.
10 (10)Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/2024-02-18)10 (10)Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/2024-02-18)

Or. en

Amendment 47

Proposal for a regulation

Recital 59

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(59) Spacecraft CA space services require the capacity of the spacecraft to precisely transmit its position. Trackability requirements should be developed to enhance the public services provided by the Union Space Surveillance and Tracking Partnership (EU-SST) and to save time and money used by such tracking services to determine the orbital position precisely. The ability to track spacecraft should be ensured both at spacecraft and at ground segment level.(59) Spacecraft CA space services require the capacity of the spacecraft to precisely transmit its position. Trackability requirements should be developed to enhance the public services provided by the Union Space Surveillance and Tracking Partnership (EU-SST). The ability to track spacecraft should be ensured both at spacecraft and at ground segment level.

Or. en

Amendment 48

Proposal for a regulation

Recital 60

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(60) Due to increased debris and traffic in orbit, the use of a CA space service is a must-have for all spacecraft. Such requirement is necessary for ensuring the day-to-day station keeping of the spacecraft. A mandatory subscription to a CA space service should be at the very core of the space safety requirements. As a result, the entity in charge of delivering the CA space service would need to demonstrate certain capabilities.(60) Due to increased debris and traffic in orbit, the use of a CA space service is a requirement for all spacecraft as it is necessary for ensuring the day-to-day positioning keeping of the spacecraft. A mandatory subscription to a CA space service or the use of in-house CA systems should be at the very core of the space safety requirements.

Or. en

Amendment 49

Proposal for a regulation

Recital 61

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(61) Furthermore, having an entity in charge of the CA service for all spacecraft in the Union should improve the coordination of responses to a High Interest Event Alert (‘HIE alert’), also limiting the risk that such an alert triggers different reaction strategies, which in themselves could potentially lead to a collision.deleted

Or. en

Amendment 50

Proposal for a regulation

Recital 62

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(62) Developed as part of the SSA component, under Regulation (EU) 2021/696 of the European Parliament and the Council, the EU-SST Partnership, or any successor entity, using their sensors and well-developed know-how, has demonstrated its ability to manage a high number of spacecraft and therefore suitability to be the Union CA space services provider entity, in charge of the CA space service.(62) Developed as part of the SSA component, under Regulation (EU) 2021/696 of the European Parliament and the Council, the EU-SST Partnership, or any successor entity, using their sensors and well-developed know-how, has demonstrated its ability to manage a high number of spacecraft.

Or. en

Amendment 51

Proposal for a regulation

Recital 63

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(63) Generation of debris should be best avoided through requiring capacities to perform CA manoeuvres and to move satellites to graveyard orbits. As a result, all spacecraft should be endowed with a recurrent manoeuvrability capability, except for spacecraft placed below 400 km, since the atmospheric drag would, in such case, ensure in a natural manner, a short orbit lifetime of that spacecraft.(63) Generation of debris should be best avoided through requiring capacities to perform CA manoeuvres and to move spacecraft to graveyard orbits. As a result, all spacecraft should be endowed with a recurrent manoeuvrability capability, except for spacecraft placed below 400 km, since the atmospheric drag would, in such case, ensure in a natural manner, a short orbit lifetime of that spacecraft.

Or. en

Amendment 52

Proposal for a regulation

Recital 65

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(65) Due to increased orbital traffic, astronomers encounter light and radio frequency disruptions in their astronomical campaigns. Such disruptions have a direct impact on research and planetary defence capabilities. As a result, mitigation measures should be developed to protect the dark and quiet sky.(65) Due to increased orbital traffic, astronomers encounter light and radio frequency disruptions in their astronomical campaigns. Such disruptions have a direct impact on research and planetary defence capabilities and therefore mitigation measures should be developed.

Or. en

Amendment 53

Proposal for a regulation

Recital 66

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(66) Constellations are an asset for the efficient deployment of space services, to the benefit of citizens and companies. However, due to their large number, their effect on the space environment is more significant than the impact of a single spacecraft. In addition, any catastrophic event occurring in the intra-constellation could trigger the Kessler event, rendering access to space impossible in the future. As a result, specific obligations should be imposed to constellations varying according to the size of a constellation.deleted

Or. en

Amendment 54

Proposal for a regulation

Recital 67

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(67) To ensure the efficiency of the key requirements laid down for the safety and sustainability in space, further technical elements should be specified in order to guarantee legal certainty for space operators.deleted

Or. en

Amendment 55

Proposal for a regulation

Recital 68

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(68) To date, the cybersecurity of the space sector has been only partly addressed at Union level through a general applicable framework as laid down by Directive (EU) 2022/2555. The current cybersecurity regime does not comprehensively cover all types of actors and services which are relevant for the space sector. Therefore, cybersecurity requirements should be established as regards the providers of non-public electronic communications networks and services, the entities falling below the size-cap of medium-sized enterprises under Article 2 of the Annex to Commission Recommendation 2003/361/EC11 and research and education institutions and should equally cover observation data and launches using launchers outside the Union.deleted
11 (11)Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI: http://data.europa.eu/eli/reco/2003/361/oj).

Or. en

Amendment 56

Proposal for a regulation

Recital 68 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(68a) The NIS2 Directive establishes a common, solid legal framework for cybersecurity in the Union. It sets clear obligations for Member States and introduces a set of cybersecurity risk-management measures and reporting obligations for entities. The NIS2 Directive ensures high clarity for public and private stakeholders as regards their legal obligations and there is no technical justification for introducing a ‘lex specialis’ for the space in terms of cybersecurity through this Regulation. In order to ensure that the legal obligations of the NIS2 Directive are applicable to the entire space sector, it is necessary to extend the current scope of, and amend the NIS2 Directive in order to include space activities and services and Union-owned assets as defined in this Regulation. Such amendment ensures that stakeholders of the entire space sector will need to comply with a single legal act, the NIS2 Directive, as regards resilience.

Or. en

Amendment 57

Proposal for a regulation

Recital 69

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(69) At the same time, the cybersecurity baseline across the whole space sector seen in its entirety lacks alignment and coherence. While the resilience of Union-owned assets has been achieved under the components of the Union Space Programme, lower levels of protection may apply to part of the assets from national space infrastructure. Such divergence would only continue to grow and generate asymmetries. In addition, the Union Space Programme operates in an increasingly intertwined architecture integrating national commercial satellites payloads. Thus, the space infrastructure of Member States should adequately level-up to higher levels of resilience to also avoid endangering the security of Union-owned assets and the functioning of the Union Space Programme and ultimately avoid adversely impacting the delivery of space-based data and space services supporting activities as well as critical entities and sectors across the internal market.deleted

Or. en

Amendment 58

Proposal for a regulation

Recital 70

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(70) The current imbalance is not only caused by the fact that space programmes have been developed under parallel tracks (Union and Member State levels). It is also linked to the absence of a common baseline for cybersecurity and risk management tailored to the specific needs of space infrastructure. While only some Member States adopted a normative approach, the level or depth of such requirements varies across the internal market. The resilience of the space infrastructure depends in many cases on the financial capabilities and ultimately on the willingness of companies to adhere to good risk management practices and integrate cybersecurity into their design and operation of space missions.deleted

Or. en

Amendment 59

Proposal for a regulation

Recital 71

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(71) To address such gaps and imbalances, a bespoke resilience baseline should be laid down for all the space sector. These rules should apply to the entirety of space infrastructure across the Union, covering Union-owned assets as well as national governmental and non-governmental assets. All ground, space and links segments of space infrastructure should be coherently covered, as well as the digital and physical, both space and ground-based systems and subsystems, with a view to cover all relevant risks, such as cyber and electronic interferences risks as well as physical risks.deleted

Or. en

Amendment 60

Proposal for a regulation

Recital 72

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(72) As this Regulation increases the level of harmonisation of the risk management applicable to the space sector, this higher level constitutes an increased harmonisation also in comparison with the requirements laid down in Directive (EU) 2022/2555. Consequently, this Regulation should constitute lex specialis in respect to Article 21 of Directive (EU) 2022/2555. At the same time, the space sector should preserve a strong relationship with the Union horizontal cybersecurity framework laid out in Directive (EU) 2022/2555, to ensure full consistency with the cybersecurity rules and strategies adopted by Member States and institutional set-up created by that Directive. The gap between the resilience baselines applicable to Union-owned assets and to assets of Member States assets should thus be closed. More stringent risk management requirements targeted to the space sector should thus be introduced for the space sector to achieve an increased harmonisation in comparison with the current requirements laid down in Directive (EU) 2022/2555.deleted

Or. en

Amendment 61

Proposal for a regulation

Recital 73

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(73) Ensuring the cybersecurity of space infrastructure is paramount throughout all phases of design, development and operation of space infrastructure. As a result robust risk management measures should be put in place throughout the lifecycle of space missions with due regard to all key phases. Adequate protection for all assets, systems and data, from design and manufacturing, throughout launch and operation and until the end-of-life stages should be achieved.deleted

Or. en

Amendment 62

Proposal for a regulation

Recital 74

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(74) The risk management carried out by Union space operators should revolve around risk assessments to be carried out at segment, system and component levels, based on risk scenarios, covering at least the critical assets, such as engineering systems, flight software, telemetry/telecommand unit, mission control centres, or spacecraft control centres. The list of categories of critical assets, operations and stages, throughout the lifecycle of space missions, for which such risk scenarios are to be developed by Union space operators, as well as the risk scenarios and threat modelling methods in support of such risk assessments, should be developed by the Commission.deleted

Or. en

Amendment 63

Proposal for a regulation

Recital 75

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(75) In accordance with the principle of proportionality, this Regulation should acknowledge the specific position of space operators which are small-sized enterprises or research or education institutions. Such categories, by virtue of size, resources, and extent of activities, may have a lesser impact. The imperative objective in this case is to ensure the protection of critical functions and assets, and to address core risks, such as the risk of loss of control of assets with propulsion and capacity to emit interference.(75) In accordance with the principle of proportionality, this Regulation should acknowledge the specific position of space operators which are small mid-caps, small and medium-sized enterprises or research or education institutions. Such categories, by virtue of resources, and extent of activities, may have a lesser impact. The imperative objective in this case is to ensure the protection of critical functions and assets, and to address core risks, such as the risk of loss of control of assets with propulsion and capacity to emit interference.

Or. en

Amendment 64

Proposal for a regulation

Recital 76

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(76) To ensure a common approach for the operation of all space infrastructure, basic rules for the identification and management of assets and the management and control of access rights, should be laid down, to safeguard accesses at the ground segment and the control of the space segment. Key elements to safeguard the resilience of assets should be set out, in particular addressing the resilience of the network and information systems, taking into account the need to maintain an effective technical control of the space segment.deleted

Or. en

Amendment 65

Proposal for a regulation

Recital 77

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(77) Key minimum principles should be laid down on Union space operators to ensure sound encryption practices, through the definition of a cryptographic concept to address specific cybersecurity needs of the space missions, a bespoke policy for the management of cryptographic keys, as well as end-to-end authentication of links between satellite control centres and the space segment.deleted

Or. en

Amendment 66

Proposal for a regulation

Recital 79

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(79) To achieve a high level of resilience of the space infrastructure, and in line with current practices, Union space operators should be required to regularly test systems, considering the risk assessments which have been carried out. Such testing may include the performance of threat-led penetration testing upon safeguards regarding the conditions to carry out such testing and the criteria to be met by the testers.deleted

Or. en

Amendment 67

Proposal for a regulation

Recital 80

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(80) The complexity of the supply chain in the space sector may pose specific cybersecurity risks, in light of the multiple sources that are used for the acquisition of components. The latter are often procured worldwide and may lack the needed integrity checks, especially when integrating or assembling components into various systems of space infrastructure. To address such risks, Union space operators should establish a supply chain risk management framework with dedicated strategies aimed at reducing risks in the supply chain, by deploying software integrity and authenticity controls, setting-out the criteria for choosing the software products, having due regard to the cybersecurity of the network and information systems temporarily interconnected, such as in the context of the provision of maintenance or support.deleted

Or. en

Amendment 68

Proposal for a regulation

Recital 81

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(81) This Regulation should be an integral part of the general Union framework for the resilience of critical entities. As regards the Union-owned assets, and in accordance with Regulation (EU) 2021/696, Member States were required, in the context of Council Directive 2008/114/EC12 , now succeeded by Directive 2022/2557, to ensure, for the protection of ground infrastructure located on their territory that is part of the Union Space Programme, measures which are at least equivalent to those laid down in the context of the transposition of that Directive. To ensure full coherence with the current Union rules on the resilience of critical entities and to preserve the full continuity in the relationship between the general updated resilience regime and the harmonised rules in the area of space, in the context of this Regulation, a similar approach should be taken as regards the relationship between Directive (EU) 2022/2557 and this Regulation. Thus, in respect of the physical resilience of the ground segment, all Union space operators should apply the measures laid down in this Regulation, ensuring they are at least equivalent to those measures taken pursuant to Directive (EU) 2022/2557. Moreover, it should be clarified that Union space operators, as defined and covered by this Regulation, may be identified as critical entities under Directive (EU) 2022/2557, when they are operators of the ground based infrastructure referred to in point (10) of the Annex to that Directive. That Directive hence covers space operators in scope of this Regulation insofar as they are identified by Member States as critical entities. On the other hand, this Regulation should cover all space operators, whether or not identified as critical entities under that Directive. Finally, it should be clarified that the ground segment as defined and covered by this Regulation is to be understood as covering the ground based infrastructure referred to in that Directive.deleted
12 (12) Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75 ELI: http://data.europa.eu/eli/dir/2008/114/oj ).

Or. en

Amendment 69

Proposal for a regulation

Recital 82

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(82) Directive (EU) 2022/2557 sets out key minimum harmonisation rules aimed at enhancing the resilience of critical entities and improving the cross-border cooperation between competent authorities. Directive (EU) 2022/2557 should remain the foundation for the physical resilience of critical entities operating ground based infrastructure in scope of that Directive and covered by this Regulation. For these entities, this Regulation should apply without prejudice to and in complementarity with Directive (EU) 2022/2557. The resilience of the critical entities in scope of Directive (EU) 2022/2557 should be ensured in accordance with that Directive. The critical infrastructure that these entities operate may comprise control centres, antennae, testing facilities, sites, including launch sites, physical equipment and components, hardware, systems and subsystems part of space infrastructure, engineering systems, power systems and propulsion systems.(82) Directive (EU) 2022/2557 sets out key minimum harmonisation rules aimed at enhancing the resilience of critical entities and improving the cross-border cooperation between competent authorities. Directive (EU) 2022/2557 should remain the foundation for the physical resilience of critical entities operating ground based infrastructure in scope of that Directive and covered by this Regulation. For these entities, this Regulation should apply without prejudice to Directive (EU) 2022/2557. The resilience of the critical entities in scope of Directive (EU) 2022/2557 should be ensured in accordance with that Directive. The critical infrastructure that these entities operate may comprise control centres, antennae, testing facilities, sites, including launch sites, physical equipment and components, hardware, systems and subsystems part of space infrastructure, engineering systems, power systems and propulsion systems.

Or. en

Amendment 70

Proposal for a regulation

Recital 86

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(86) Further to setting key rules on incident handling and investigation, an incident reporting mechanism by Union space operators of Union-owned assets, in the context of the Union Space Programme, should be established, filling existing gaps in the incident reporting. The Agency should acquire access to information on significant incidents for all components of the Union Space Programme through the security monitoring centre structure established in the context of the Union Space Programme, providing support and around-the-clock monitoring of the relevant systems’ security. To achieve coherence with the general framework on cybersecurity, such mechanism should be aligned with the incident reporting laid down by Directive (EU) 2022/2555.(86) The Agency should acquire access to information on significant incidents for all components of the Union Space Programme through the security monitoring centre structure established in the context of the Union Space Programme, providing support and around-the-clock monitoring of the relevant systems’ security. To achieve coherence with the general framework on cybersecurity, such mechanism should be aligned with the incident reporting laid down by Directive (EU) 2022/2555.

Or. en

Amendment 71

Proposal for a regulation

Recital 87

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(87) Moreover, as regards the reporting of significant incidents affecting the space infrastructure of Member States, this Regulation should be without prejudice to any of the incident reporting requirements currently laid down by Directive (EU) 2022/2555 or Directive (EU) 2022/2557. Consequently, the reporting rules under these two Directives should continue to fully apply to Union space operators that are as essential or important entities, and respectively critical entities, under those Directives.deleted

Or. en

Amendment 72

Proposal for a regulation

Recital 91

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(91) A voluntary information sharing regarding cyber threats and cyber-attacks, electronic interferences, such as jamming or spoofing, indicators of compromise, adversarial tactics, techniques and procedures, vulnerabilities, threat-actor-specific information, as well as the exchange of good cybersecurity practices and recommendations would raise the overall level of resilience of space infrastructure. It is therefore important to set the conditions for such information sharing which contributes to enhancing the capacity of space operators to prevent incidents and contain the impact thereof.deleted

Or. en

Amendment 73

Proposal for a regulation

Recital 92

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(92) Union space operators should exchange such information through information sharing arrangements that duly protect the potentially sensitive nature of the information shared and are governed by specific rules of conduct, in full respect of business confidentiality, of rules on the protection of personal data, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council13 , and of competition policy. The Commission should play an active role in facilitating such arrangements, by supporting and promoting the establishment of an EU Space Information Sharing and Analysis Centre also building on the experience of other sectors.(92) Union space operators should exchange such information through information sharing arrangements that duly protect the potentially sensitive nature of the information shared and are governed by specific rules of conduct, in full respect of business confidentiality, of rules on the protection of personal data, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council13 , and of competition policy.
13 (13)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1- 88, ELI: http://data.europa.eu/eli/reg/2016/679/oj).13 (13)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1- 88, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

Or. en

Amendment 74

Proposal for a regulation

Recital 93

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(93) Harmonised rules on environmental sustainability should be laid down to achieve the internal market potential and promote the environmental sustainability in the space sector, preventing market fragmentation and advancing the transition to a just, climate-neutral, resource-efficient and circular economy.(93) Rules on environmental sustainability in the space sector should be carefully assessed in order to ensure that the competitiveness of the European space sector is maintained.

Or. en

Amendment 75

Proposal for a regulation

Recital 94

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(94) A shift towards circular economy-based and sustainable practices in space should support the long-term sustainable use of resources in space activities. By starting to embrace the circular economy principles, the space industry should adopt more sustainable practices known to be effective, while also drive innovation towards new products with reduced environmental impact. In this regard ISOS should also be key to facilitating this shift toward sustainability and a circular economy in space.deleted

Or. en

Amendment 76

Proposal for a regulation

Recital 95

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(95) Since this Regulation is part of the Union comprehensive efforts to establish a robust policy framework for environmentally sustainable products, services and business models, it should complement the measures laid down in the Eco-design for Sustainable Products Regulation and the Circular Economy Action Plan framework. The Environmental Footprint studies in the context of this Regulation should in this sense support the development of improved eco-design practices and contribute to mapping energy and materials flows in the Union space sector, including strategic and/or critical raw materials and enabling higher supply chain resilience.deleted

Or. en

Amendment 77

Proposal for a regulation

Recital 96

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(96) Space operators should consequently be required to calculate the environmental footprint of their space activities throughout the lifecycle of space missions. A certificate should be issued by a qualified technical body for space activities carrying out the verification and validation of the calculation of the environmental footprint of space activities, to attest it.(96) Space operators should be required to estimate the environmental footprint of their space activities throughout the lifecycle of space missions.

Or. en

Amendment 78

Proposal for a regulation

Recital 97

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(97) To limit the environmental impact of space activities and to encourage their sustainability, the Commission should develop a detailed methodology for calculating the environmental footprint of space activities, based on scientifically sound assessment methods or international standards, such as those outlined in the Commission Recommendation on the use of Environmental Footprint methods, with a view to facilitating comparison among space systems.(97) To limit the environmental impact of space activities and to encourage their sustainability, the Commission should develop a detailed methodology for calculating the environmental footprint of space activities, based on scientifically sound assessment methods and international standards integrating existing life-cycle assessments.

Or. en

Amendment 79

Proposal for a regulation

Recital 98

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(98) At the same time, the integrity of the environmental claims cannot be substantiated without having reliable, comparable and verifiable information. Data should meet high standards of accuracy. Standardised data on the environmental impact of space activities should feed into a centralised database at Union level which should store environment footprint-related data, thereby facilitating transparency and encouraging collaboration and data sharing regarding the Life Cycle Assessment (LCA) for space activities. The ownership by the Union of the derived datasets should be without prejudice to the ownership of Union space operators, third-country space operators and international organisations of data included in the aggregated and disaggregated datasets transmitted to the Commission environment footprint-related database. Neither derived datasets nor aggregated datasets when published by the Commission, may allow to re-engineer or decompile the data in such a manner as to identify the origin of the data.(98) At the same time, the integrity of the environmental claims cannot be substantiated without having reliable, comparable and verifiable information. Data should meet high standards of accuracy. Standardised data on the environmental impact of space activities should feed into a centralised database at Union level which should store environment footprint-related data, thereby facilitating transparency and encouraging collaboration and data sharing regarding the Life Cycle Assessment (LCA) for space activities. Commission should ensure that confidential data, intellectual property or sensitive information are protected.

Or. en

Amendment 80

Proposal for a regulation

Recital 99

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(99) Any ISOS should be conducted in a safe, responsible and peaceful way, respecting the rights of other Member States and third countries to explore and use the outer space. The new area of ISOS, with its related applications and capabilities, should be beneficial for the future development of the Union space ecosystem, contributing to the creation of new markets (in-space economy), fostering sustainability and increasing the resilience, adaptability, and scalability of space infrastructure, as well as alleviating risks related to space debris.(99) Any ISOS should be conducted in a safe, responsible and peaceful way, respecting the rights of other Member States and third countries to explore and use the outer space. The new area of ISOS, with its related applications and capabilities, should be beneficial for the future development of the Union space ecosystem.

Or. en

Amendment 81

Proposal for a regulation

Recital 100

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(100) While the ISOS technology is inherently dual use, a transparent framework based on key principles should alleviate the risk of capability and technology misuse in the context of providing ISOS. With first in-space operations and services already available in the Union, such as for inspection and transportation, it is necessary to foster in parallel the research and development of ISOS technology and demonstrate dedicated technologies and services in space.deleted

Or. en

Amendment 82

Proposal for a regulation

Recital 101

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(101) ISOS space missions could be of complex nature and therefore require detailed preparation. A servicer spacecraft performs rendezvous and proximity operations with the specified level of autonomy and conducts typical operations, such as, for instance, docking, robotic and refuelling operations. The risk of collision between a servicer spacecraft and a client spacecraft or the debris object should be prevented and mitigated through appropriate actions, such as preparing the future spacecraft for receiving in-space services.deleted

Or. en

Amendment 83

Proposal for a regulation

Recital 102

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(102) As regards collision avoidance and orbital traffic rules, to ensure efficient collision avoidance space services, Union spacecraft operators and the Union CA space services provider should cooperate, in particular in the event of a HIE Alert.(102) As regards collision avoidance and orbital traffic rules, to ensure efficient collision avoidance space services, Union spacecraft operators and the Union CA space services provider and CA space services providers should cooperate, in particular in the event of a HIE Alert.

Or. en

Amendment 84

Proposal for a regulation

Recital 103

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(103) Since competent authorities deliver the authorisations to Union space operators, for all phases of a space mission, access to data is needed for each individual authorised spacecraft, until the end-of-life. To fully leverage on existing capabilities, the competent authorities should rely on the capabilities of the EU-SST Partnership to perform the monitoring during the on orbit and end of life phases.deleted

Or. en

Amendment 85

Proposal for a regulation

Recital 106

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(106) Member States play a key role in the enforcement of this Regulation. To take into account the inherent differences among institutional structures at national level, and to safeguard existing arrangements, Member States should designate or establish one or more competent authorities which shall be responsible at national level for controlling the application of this Regulation. Where Member States have in place more than one competent authority, only one such authority should, for the purposes of this Regulation, act as a single point of contact for that Member State, to facilitate communication with the Commission.(106) Member States play a key role in the enforcement of this Regulation. To take into account the differences among institutional structures at national level, and to safeguard existing arrangements, Member States should designate competent authorities which shall be responsible at national level for controlling the application of this Regulation.

Or. en

Amendment 86

Proposal for a regulation

Recital 107

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(107) It is necessary to enhance the convergence of powers at the disposal of competent authorities, to allow an effective enforcement of this Regulation across the internal market. Common minimum powers coupled with adequate resources should guarantee supervisory effectiveness. The competent authorities should therefore be entrusted with a minimum set of supervisory and investigative powers in accordance with national law. When exercising their powers under this Regulation, competent authorities should act objectively and impartially and remain autonomous in their decision-making. The members of the competent authorities should refrain from taking any action which is incompatible with their duties and should be subject to confidentiality rules.(107) The competent authorities should be entrusted with a minimum set of supervisory and investigative powers in accordance with national law. When exercising their powers under this Regulation, competent authorities should act objectively and impartially and remain autonomous in their decision-making.

Or. en

Amendment 87

Proposal for a regulation

Recital 108

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(108) Member States should take all necessary measures to ensure that the provisions of this Regulation are implemented, including by laying down effective, proportionate and dissuasive penalties for the infringement of the rules. When assessing the amount of fines, Member States should, in each individual case, consider all the relevant circumstances of the specific situation, with due regard to, in particular, the nature, gravity and duration of the infringement, the permanence of the damages caused or any previous infringements.(108) Member States should take all necessary measures to ensure that the provisions of this Regulation are implemented, including by laying down effective, proportionate and dissuasive penalties for the infringement of the rules and in accordance with national law.

Or. en

Amendment 88

Proposal for a regulation

Recital 109

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(109) Competent authorities should cooperate with each other and exchange good practices on the application of this Regulation including through for instance providing mutual assistance and joint investigations carried out in full respect of national procedures.(109) Competent authorities should cooperate with each other and exchange good practices on the application of this Regulation including through for instance providing mutual and voluntary assistance.

Or. en

Amendment 89

Proposal for a regulation

Recital 112

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(112) Member States intending to establish and use qualified technical bodies for space activities should make use of the accreditation system provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council14 when designating a notifying authority for the assessment and monitoring of qualified technical bodies for space activities.deleted
14 (14)Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30, http://data.europa.eu/eli/reg/2008/765/oj).

Or. en

Amendment 90

Proposal for a regulation

Recital 114

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(114) The competent authorities established under this Regulation shall take duly account of technical assessments and opinions issued by national competent authorities, single point of contacts or computer security incident response teams established under Directive (EU) 2022/2555, with a view to ensure supervisory convergence and create a culture which observes the supervisory powers of authorities under Directive 2022/2555.deleted

Or. en

Amendment 91

Proposal for a regulation

Recital 115

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(115) Adapted governance structures of the Agency are essential for an effective exercise of tasks granted by this Regulation. A Compliance Board should be established and entrusted to carry out all needed technical assessments that would allow the Commission to decide on the authorisation and supervision of Union space operators of Union-owned assets and on the registration and the ongoing supervision of third country operators providing space-based data and space services in the Union.(115) Adapted governance structures of the Agency are essential for an effective exercise of tasks granted by this Regulation. A Compliance Board should be established and entrusted to carry out all needed technical assessments that would allow the Commission to decide on the authorisation and supervision of Union space operators of Union-owned assets and on the registration of third country operators providing space-based data and space services in the Union.

Or. en

Amendment 92

Proposal for a regulation

Recital 116

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(116) To ensure sound and independent functioning of the Agency, the Members of the Compliance Board should act independently and in the interest of the Union. They should not seek, follow or take instructions from a government of a Member State, from Union institutions, bodies, offices or from any public or private entity. Furthermore, practical arrangements for the prevention and the management of conflict of interest should be laid down in the Rules of Procedure.deleted

Or. en

Amendment 93

Proposal for a regulation

Recital 117

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(117) Where the need arises to discuss matters relating to tasks or aspects of interest to Union Agencies or bodies, or directly related to third countries or international organisations regarding assets of space infrastructure of such third countries or international organisations, or where the Compliance Board needs clarifications or information from a relevant third country supervisory authority on aspects where the Compliance Board has to ascertain compliance with this Regulation of space services providers established in third countries, participation as observers should be possible, subject to further arrangements laying down the conditions of participation of the representatives of such third countries or international organisations through conclusion of relevant agreements.deleted

Or. en

Amendment 94

Proposal for a regulation

Recital 119

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(119) For the purposes of detecting infringements of this Regulation, as regards the Union-owned assets and the space services providers established in third countries, it is necessary for the Commission and the Agency to have effective powers, tools and resources that guarantee full supervisory effectiveness. Therefore, the Commission and the Agency should have the power to request information and carry on investigations and on-site inspections. The Commission should acquire supervisory powers and require Union space operators of Union-owned assets and space services providers established in third countries to bring infringements to an end and to impose fines and penalty payments.(119) For the purposes of detecting infringements of this Regulation, as regards the Union-owned assets and the space operators established in third countries, it is necessary for the Commission and the Agency, only for the Union-owned assets, to have effective powers, tools and resources that guarantee full supervisory effectiveness. Therefore, the Commission and the Agency, only for the Union-owned assets, should have the power to request information and carry on investigations and on-site inspections. The Commission should acquire supervisory powers and require Union space operators of Union-owned assets and space operators established in third countries to bring infringements to an end and to impose fines and penalty payments.

Or. en

Amendment 95

Proposal for a regulation

Recital 120

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(120) In relation to the powers of investigation and inspection, access to the premises of Union space operators of Union-owned assets and of space services providers established in third countries may be necessary where space services providers to whom a request for information has been made fail to comply with it, or where documents which the request for information relates to, would be removed, tampered with, or destroyed. Such access should be based on the agreement of the third country entity and the relevant third country authority.(120) In relation to the powers of investigation and inspection, access to the premises of Union space operators of Union-owned assets and of space operators established in third countries may be necessary where space operators to whom a request for information has been made fail to comply with it, or where documents which the request for information relates to, would be removed, tampered with, or destroyed. Such access should be based on the agreement of the third country entity and the relevant third country authority.

Or. en

Amendment 96

Proposal for a regulation

Recital 121

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(121) The respect of the defence rights of space services providers established in a third country should be ensured throughout the entire process of registration and monitoring of ongoing compliance by the Agency, notably by providing a right to submit reasoned statements for the purposes of the preliminary assessments related to registration, and a right to appeal the decisions of the Agency before its newly established Board of Appeal.(121) The respect of the defence rights of space operators established in a third country should be ensured throughout the entire process of registration and monitoring of ongoing compliance by the Agency, notably by providing a right to submit reasoned statements for the purposes of the preliminary assessments related to registration, and a right to appeal the decisions of the Agency before its newly established Board of Appeal.

Or. en

Amendment 97

Proposal for a regulation

Recital 122

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(122) All Agency and Commission powers should be exercised in full respect of the fundamental rights and by observing the principles recognised in the Treaty on the Functioning of the European Union (TFEU) and the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life, the protection of personal data, the right to freedom of expression and information, the freedom to conduct a business, the right to property, the right to consumer protection, the right to an effective remedy, the right of defence. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles.(122) All Agency and Commission powers should be exercised in full respect of the fundamental rights and by observing the principles recognised in the Treaty on the Functioning of the European Union (TFEU) and the Charter of Fundamental Rights of the European Union.

Or. en

Amendment 98

Proposal for a regulation

Recital 123

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(123) Furthermore, a set of procedural rules should be envisaged in carrying out investigative powers. Where the Agency or the Commission find serious indication of existence of facts liable to constitute one or more infringements to this Regulation, they should carry out investigations in full respect of the rights of defence of the concerned Union space operator or third country space services provider. In the context of adopting interim measures, where urgent action is needed to prevent an imminent and significant damage, the Agency and the Commission may set shorter deadlines for the space operator concerned to comment and offer the opportunity to comment only in writing.(123) Furthermore, a set of procedural rules should be envisaged in carrying out investigative powers. Where the Agency or the Commission find serious indication of existence of facts liable to constitute one or more infringements to this Regulation, they should carry out investigations in full respect of the rights of defence of the concerned Union space operator or third country space services provider.

Or. en

Amendment 99

Proposal for a regulation

Recital 124

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(124) To effectively protect the rights of defence in respect to all decisions of the Agency, for reasons of procedural economy and to reduce the burden on the Court of Justice of the European Union, the Agency should provide natural and legal persons with the possibility to appeal decisions taken under the powers conferred on the Agency by his Regulation and addressed to them, or which are of direct and individual concern to them.deleted

Or. en

Amendment 100

Proposal for a regulation

Recital 125

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(125) A Board of Appeal should be therefore established to ensure that the parties affected by decisions adopted by the Agency have recourse to the necessary remedies. The Board of Appeal should be independent from any regulatory and administrative structure of the Agency and should not be bound by any instruction. The decisions of the Board of Appeal should be subject to appeal before the Court of Justice of the European Union.(125) A Board of Appeal should be established to ensure that the parties affected by decisions adopted by the Agency have recourse to the necessary remedies. The Board of Appeal should be independent from any regulatory and administrative structure of the Agency and should not be bound by any instruction. The decisions of the Board of Appeal should be subject to appeal before the Court of Justice of the European Union.

Or. en

Amendment 101

Proposal for a regulation

Recital 126

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(126) This Regulation should rely on the current European standardisation framework, based on the New Approach principles, set out in Council Resolution of 7 May 1985 on approach to technical harmonization and standards and on Regulation (EU) No 1025/2012 of the European Parliament and of the Council15 . Since this Regulation is the first regulatory approach at Union level in the area, a balanced and gradual approach should be taken also as regards standardisation. The technical requirements needed for the deployment of the e-certificate by the Agency, as well as for the dark and quiet skies, should be developed through the standardisation process. The Commission should consequently request the European standardisation organisations to develop standards in relation to such essential requirement. The Commission should be empowered to adopt implementing acts establishing common specifications for these essential requirements in limited circumstances taking into account the role and functions of standardisation organisations.(126) This Regulation should rely on the current European standardisation framework, based on the New Approach principles, set out in Council Resolution of 7 May 1985 on approach to technical harmonization and standards and on Regulation (EU) No 1025/2012 of the European Parliament and of the Council15 .
15 (15)Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (ELI: http://data.europa.eu/eli/reg/2012/1025/oj )15 (15)Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (ELI: http://data.europa.eu/eli/reg/2012/1025/oj )

Or. en

Amendment 102

Proposal for a regulation

Recital 127

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(127) With a view to creating a common approach for Union space operators willing to go further than the baseline mandated by this Regulation in relation to safety, resilience or environmental sustainability of space activities, a Union Space Label Framework should be established.deleted

Or. en

Amendment 103

Proposal for a regulation

Recital 128

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(128) The Union Space Labelling Schemes should bridge the current gaps resulting from the coexistence of different standards or undeveloped practices, thereby helping to building a common approach. A Union Space Labelling Scheme should be developed with the involvement of Member States, the Union Space Label Group (EUSLG) and the Stakeholder Space Label Group (SSLG), under the lead of the Commission, supported by the Agency. The EUSLG should consist of representatives of competent authorities in the space sector and other relevant national authorities while the SSLG should consist of representatives from industry organisations and academia.deleted

Or. en

Amendment 104

Proposal for a regulation

Recital 129

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(129) Following such a request, the Agency should prepare candidate schemes for the specified scope and subject matter, without undue delay. The Agency, through public consultations, should evaluate any likely impact of the Commission request on the market, especially any potential impacts on SMEs and small mid-caps, on innovation, barriers to entry to market, or entailing costs.deleted

Or. en

Amendment 105

Proposal for a regulation

Recital 130

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(130) A pool of experts should be selected to evaluate the technical requirements for each individual Labelling Scheme. The pool of experts should be composed of representatives from academia and from the Union collision avoidance space services provider designated by this Regulation, ensuring the absence of conflict of interest between the experts, the labelling scheme content, and the applicants.deleted

Or. en

Amendment 106

Proposal for a regulation

Recital 131 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(131a) Specific measures and funding should be put in place for supporting space operators that are small mid-caps, small and medium-sized enterprises, research and education institutions, in the implementation of this Regulation.

Or. en

Amendment 107

Proposal for a regulation

Recital 132

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(132) The Commission should develop the criteria and the methodology to assist competent authorities in evaluating the security risk assessments, thus facilitating the comparability of supervisory reviews, and specify what constitutes a severe operational disruption of space activities carried out, or of services provided by a space operator. The use of cryptographic products should be further specified by the Commission, through delegated acts to be developed for cryptographic products to be certified under the future Union cybersecurity certification schemes, on the basis of Regulation (EU) 2019/881 of the European Parliament and of the Council16 , to guarantee the protection of the telemetry and telecommands.deleted
16 (16)Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (Text with EEA relevance ELI: http://data.europa.eu/eli/reg/2019/881/oj )

Or. en

Amendment 108

Proposal for a regulation

Recital 133

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(133) In the area of environmental sustainability, the Commission should further specify, by implementing acts, rules including a specific methodology for the calculation and verification of the environmental footprint of space activities.(133) In the area of environmental sustainability, the Commission should further specify, by implementing acts, rules including a specific methodology for the estimation of the environmental footprint of space activities, integrating existing life-cycle assessment methods currently applied in the space sector.

Or. en

Amendment 109

Proposal for a regulation

Recital 134

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(134) In order to ensure that the regulatory framework duly reflects evolutions in the technical progress or new commitments of the Union under international conventions, and can thus be adapted as necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the order of preference for the removal of spacecraft in LEO, acknowledge the technological progress as regards in-space operations and services, supplement the requirements of, and the elements included in, the security risk assessments, the requirements for the physical resilience, the detection systems and mechanisms of the ground stations, the protection of the network and information systems, the backup needed to ensure adequate survivability of the space segment and to facilitate quick recovery from incident and the supply chain risk management. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by specifying the use of certified cryptographic products and key management products or services for protecting the telemetry and telecommands, by specifying the criteria for severe operational disruptions of space activities or services, by specifying for ISOS the operational mode and the requirements needed for active debris removal, by specifying the amount of fees charged by the Agency and the way in which they are to be paid, by specifying the imposition of fines and periodic penalty payments, by specifying the criteria for the composition and the expertise of staff composing the joint examination teams to the Technical Boards, and by specifying the areas benefiting from co-funding. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.(134) In order to ensure that the regulatory framework duly reflects evolutions in the technical progress or new commitments of the Union under international conventions, and can thus be adapted as necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend or supplement this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Or. en

Amendment 110

Proposal for a regulation

Recital 135

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(135) To ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to grant, on the basis of a detailed assessment, equivalence decisions, to grant derogations for launchers where a public interest condition is met, to allow a third country public entity to provide space services or space-based data in the Union until the conclusion of international agreements, to develop measures for launch collision avoidance, casualty risk at launch and re-entry, launcher space debris mitigation, spacecraft trackability, orbital traffic rules, spacecraft positioning in orbit, spacecraft space debris mitigation, spacecraft constellations, to specify the content and templates for reporting of significant incidents, to specify the method of calculation and verification of the EF of space activities and the templates and content for the reporting as regards the Environmental Footprint Declaration, to specify the design principles for SSIs and Composable and Exchangeable Functional Satellite Modules for ISOS, to lay down the common specifications covering the technical requirements for the e-certificate and for the dark and quiet skies, to lay down templates for the Union Space Label Schemes and to adopt new or amended Union Space Labelling Schemes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 .(135) To ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 .
17 (17)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).17 (17)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

Or. en

Amendment 111

Proposal for a regulation

Recital 136

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(136) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to crises or emergencies in the single market, imperative grounds of urgency require, for a temporary period, the use of space-based data or services not registered with URSO.deleted

Or. en

Amendment 112

Proposal for a regulation

Recital 138

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(138) Compliance with the environmental sustainability rules by space operators which are small-sized enterprises or research or education institutions should be required 48 months from the date of entry into force of this Regulation while the requirements related to the provision of ISOS should apply 60 months from the date of entry into force of this Regulation.deleted

Or. en

Amendment 113

Proposal for a regulation

Recital 139

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(139) Moreover, this Regulation duly considers the length of the space mission preparation and the technical and complex constraints of the different milestones throughout the engineering and manufacturing stages of the spacecraft. A transitional period appears necessary to accommodate such constraints related to the technical adjustments required in the preparatory phases of a space mission, in the context of the critical design review stage.(139) This Regulation duly considers the length of the space mission preparation and the technical and complex constraints of the different milestones throughout the engineering and manufacturing stages of the spacecraft. A transitional period appears necessary to accommodate such constraints related to the technical adjustments required in the preparatory phases of a space mission, in the context of the critical design review stage.

Or. en

Amendment 114

Proposal for a regulation

Recital 140

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(140) Space operators should be provided with a sufficient time to adapt to the requirements laid down in this Regulation. This Regulation should therefore apply 24 months after its entry into force.(140) Space operators should be provided with a sufficient time to adapt to the new requirements laid down in this Regulation. This Regulation should therefore apply 36 months after its entry into force.

Or. en

Amendment 115

Proposal for a regulation

Article 1 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. This Regulation lays down rules for the establishment and functioning of the internal market of space-based data and space services.1. This Regulation lays down rules for the establishment and functioning of the internal market of space activities and services.

Or. en

Amendment 116

Proposal for a regulation

Article 1 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. To achieve a high common level of safety, resilience and environmental sustainability of space services through the operation and use of space infrastructure generating space-based data, this Regulation lays down harmonised rules on:2. To achieve a high common level of safety, resilience and environmental sustainability of space activities, when providing space services and space-based data in the Union, this Regulation lays down harmonised rules on:

Or. en

Amendment 117

Proposal for a regulation

Article 1 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) authorisation, registration and supervision of space activities carried out by space services providers established in the Union, and respectively, registration and supervision of space activities carried out by international organisations and space services providers established in third countries when providing space-based data or space services in the Union, with respect to matters of safety, resilience and environmental sustainability of space activities;(a) authorisation and registration of space activities carried out by space operators established in the Union;

Or. en

Amendment 118

Proposal for a regulation

Article 1 – paragraph 2 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) safety, resilience and environmental sustainability of space activities;

Or. en

Amendment 119

Proposal for a regulation

Article 1 – paragraph 2 – point a b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ab) registration of space activities carried out by space operators established in third countries;

Or. en

Amendment 120

Proposal for a regulation

Article 1 – paragraph 2 – point a c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ac) registration of space activities carried out by international organisations, subject to international agreements in accordance with Articles 107 or 108;

Or. en

Amendment 121

Proposal for a regulation

Article 1 – paragraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) governance and enforcement aspects;(c) governance, supervision and enforcement aspects;

Or. en

Amendment 122

Proposal for a regulation

Article 1 – paragraph 2 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ca) capacity building measures to support the application of this Regulation.

Or. en

Amendment 123

Proposal for a regulation

Article 1 – paragraph 2 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) establishment of a Union Space Label and capacity-building measures.deleted

Or. en

Amendment 124

Proposal for a regulation

Article 2 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. This Regulation applies to the following space services providers:1. This Regulation applies to the following providers of space activities and services:

Or. en

Amendment 125

Proposal for a regulation

Article 2 – paragraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) international organisations.deleted

Or. en

Amendment 126

Proposal for a regulation

Article 2 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The provisions of Title IV, Chapters I and V, do not apply to orbits further than the geostationary Earth orbit (GEO).deleted

Or. en

Amendment 127

Proposal for a regulation

Article 2 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) space objects exclusively used for defence or national security purposes, irrespective of which space services provider carries out the space activities;(a) space objects, including the space-based data and services they provide, exclusively used for defence or national security purposes, irrespective of which space services provider carries out the space activities;

Or. en

Amendment 128

Proposal for a regulation

Article 2 – paragraph 3 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) space activities beyond the graveyard orbit;

Or. en

Amendment 129

Proposal for a regulation

Article 2 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) space objects that have been temporarily placed for defence purposes under a military operation and control, for the duration of the respective space mission;(b) space objects, including the space-based data and services they provide, that are temporarily used for the conduct of operations related to defence or national security for the duration of the respective space operations;

Or. en

Amendment 130

Proposal for a regulation

Article 2 – paragraph 3 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) assets launched before 1 January 2030.(d) space objects launched and planned to be launched before 36 months from the date of entry into force of this Regulation.

Or. en

Amendment 131

Proposal for a regulation

Article 3 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall not restrict, for reasons related to the safety, resilience and environmental sustainability, as covered by this Regulation, the provision of space-based data and space services in the Union by space services providers registered in the Union register of space objects referred to in Article 24.1. Member States shall not restrict, for reasons related to the safety, resilience and environmental sustainability, as covered by this Regulation, the provision of space-based data and space services in the Union by space services providers registered in the Union register of space operators referred to in Article 24.

Or. en

Amendment 132

Proposal for a regulation

Article 3 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Notwithstanding paragraph 1, where a Union space services provider intends to operate in, or launch from, a Member State other than the Member State of establishment, Member States may, when issuing the respective authorisations for operation or launch, impose stricter requirements on safety, resilience or environmental sustainability in relation to the respective space mission, insofar as such requirements are objectively necessary to safeguard the safety, resilience or environmental sustainability of the respective operation or launch subject to authorisation on their territories.2. Notwithstanding paragraph 1, Member States may, when issuing authorisations for operation or launch, impose stricter requirements on safety, resilience or environmental sustainability in relation to the respective space activity, insofar as such requirements are objectively necessary to safeguard the safety, resilience or environmental sustainability of the respective operation or launch subject to authorisation on their territories, and that such requirements are duly justified and consistent with Member States’ obligations laid down in Union law.

Or. en

Amendment 133

Proposal for a regulation

Article 5 – paragraph 1 – point 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1) ‘space object’ means a human-made object sent to outer space, including a spacecraft and the launch vehicle orbital stage;(1) ‘space object’ means a human-made object launched to outer space, including a spacecraft and the launch vehicle orbital stage;

Or. en

Amendment 134

Proposal for a regulation

Article 5 – paragraph 1 – point 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2) ‘spacecraft’ means a space object designed to perform a specific function or space mission, such as providing services of communications, navigation or observation, or providing in-space operations and services, including a satellite, the launcher upper stages, or the re-entry vehicle;(2) ‘spacecraft’ means a space object designed to perform a specific function or space mission, such as providing services of communications, navigation or observation, or providing in-space operations and services, including a satellite, the launch vehicle upper stages, or the re-entry vehicle;

Or. en

Amendment 135

Proposal for a regulation

Article 5 – paragraph 1 – point 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(3) ‘constellation’ means a group of space objects consisting of at least 10 operational spacecraft, but not more than 99 of those spacecraft, working together for a common space mission, subject to a predefined orbital deployment plan;(3) ‘constellation’ means a group of space objects consisting of at least two or more operational spacecraft, working together for a common space mission, subject to an orbital deployment plan;

Or. en

Amendment 136

Proposal for a regulation

Article 5 – paragraph 1 – point 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4) ‘mega constellation’ means a constellation that contains at least 100 operational spacecraft, but not more than 999 of those spacecraft;deleted

Or. en

Amendment 137

Proposal for a regulation

Article 5 – paragraph 1 – point 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(5) ‘giga constellation’ means a constellation that contains at least 1000 operational spacecraft;deleted

Or. en

Amendment 138

Proposal for a regulation

Article 5 – paragraph 1 – point 10

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(10) ‘ground segment’ means the segment of space infrastructure located on Earth, situated within or outside the territory of the Union, encompassing the ground-based infrastructure referred to in the Annex to Directive (EU) 2022/2557, and including ground stations, terminals, terrestrial-based equipment needed to communicate with space objects and supporting the carrying out of space activities, mission control centres and other ground control centres, generic ground infrastructure, ground networks, auxiliary facilities, such as the spacecraft assembly testing and integration (AIT) facilities, launchpad and related infrastructure needed for carrying out launch activities;(10) ‘ground segment’ means the segment of space infrastructure located on Earth, including ground stations, terminals, terrestrial-based equipment needed to communicate with space objects and supporting the carrying out of space activities, mission control centres and other ground control centres, generic ground infrastructure, ground networks, auxiliary facilities, such as the spacecraft assembly testing and integration (AIT) facilities, launchpad and related infrastructure needed for carrying out launch activities;

Or. en

Amendment 139

Proposal for a regulation

Article 5 – paragraph 1 – point 14 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) operation and control of a space object;(a) operation, control and re-entry of a space object;

Or. en

Amendment 140

Proposal for a regulation

Article 5 – paragraph 1 – point 14 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) provision of launch services, as well as provision of services of operation and maintenance of the launch sites;(b) provision of launch services;

Or. en

Amendment 141

Proposal for a regulation

Article 5 – paragraph 1 – point 14 – point b a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ba) operation and maintenance of the launch sites;

Or. en

Amendment 142

Proposal for a regulation

Article 5 – paragraph 1 – point 14 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) in-space services and operations (ISOS);(d) in-space operations and services (ISOS);

Or. en

Amendment 143

Proposal for a regulation

Article 5 – paragraph 1 – point 15

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(15) ‘space services provider’ means a provider of space services covered by this Regulation;(15) ‘space services provider’ means a provider of space services as defined in point (14);

Or. en

Amendment 144

Proposal for a regulation

Article 5 – paragraph 1 – point 16 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(16) ‘space operator’ means a public or private entity that operates the space infrastructure, by carrying out at least one of the following space services, based on authorisation or a specific regime for carrying out a national space programme:(16) ‘space operator’ means a public or private entity that operates the space infrastructure, by carrying out at least one of the following space activities, based on authorisation:

Or. en

Amendment 145

Proposal for a regulation

Article 5 – paragraph 1 – point 16 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) operation, control and return of a space object (‘spacecraft operator’);(a) operation, control and re-entry of a space object (‘spacecraft operator’);

Or. en

Amendment 146

Proposal for a regulation

Article 5 – paragraph 1 – point 17

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(17) ‘Union space operator’ means a space operator established in the Union, or controlled by a natural person or a legal person that is a space services provider established in the Union;(17) ‘Union space operator’ means a space operator established in the Union, or controlled by a natural person or a legal person that is established in the Union;

Or. en

Amendment 147

Proposal for a regulation

Article 5 – paragraph 1 – point 28

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(28) ‘entities applying a simplified risk management’ means space operators that are small enterprises or research or education institutions and apply the simplified risk management referred in Article 10(3) and in Article 15(2);deleted

Or. en

Amendment 148

Proposal for a regulation

Article 5 – paragraph 1 – point 45

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(45) ‘space debris’ means any space object, including spacecraft or fragments and elements thereof, in Earth’s orbit and lunar’s orbit, or re-entering Earth’s atmosphere or lunar’s exosphere, that are non-functional or no longer serve any specific purpose, including parts of rockets or artificial satellites, or inactive artificial satellites;(45) ‘space debris’ means any space object, including spacecraft or fragments and elements thereof, in Earth’s orbit, or re-entering Earth’s atmosphere, that are non-functional or no longer serve any specific purpose, including parts of rockets or artificial satellites, or inactive artificial satellites;

Or. en

Amendment 149

Proposal for a regulation

Article 5 – paragraph 1 – point 48

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(48) ‘critical infrastructure’ means critical infrastructure as defined in Article 2, point (4), of Directive (EU) 2022/2557;deleted

Or. en

Amendment 150

Proposal for a regulation

Article 5 – paragraph 1 – point 50

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(50) ‘satellite control centre’ means the element of the ground segment dedicated to the control of the satellite platform configuration;deleted

Or. en

Amendment 151

Proposal for a regulation

Article 5 – paragraph 1 – point 51

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(51) ‘effective technical control’ means the assurance of a space operator that a space object only executes commands transmitted by authorized sources and that those commands are executed in the proper order and at the intended moment;deleted

Or. en

Amendment 152

Proposal for a regulation

Article 5 – paragraph 1 – point 52

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(52) ‘telemetry/telecommand’ means the links that transmit the telemetry from the space segment to the ground segment and the links that send the telecommand from the ground segment to the space segment;deleted

Or. en

Amendment 153

Proposal for a regulation

Article 5 – paragraph 1 – point 56 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(56) ‘incident’ means an event compromising any of the following:(56) ‘incident’ means an incident as defined in Article 6, point 6 of Directive (EU) 2022/2555.

Or. en

Amendment 154

Proposal for a regulation

Article 5 – paragraph 1 – point 56 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the availability, authenticity, integrity or confidentiality of the stored, transmitted or processed data, or of the services offered by, or accessible via, network and information systems, ordeleted

Or. en

Amendment 155

Proposal for a regulation

Article 5 – paragraph 1 – point 56 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the physical security of the assets of space infrastructure and of space operators;deleted

Or. en

Amendment 156

Proposal for a regulation

Article 5 – paragraph 1 – point 61

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(61) ‘disaggregation’ means the process that breaks down an aggregated dataset into smaller horizontal or vertical unit process datasets;deleted

Or. en

Amendment 157

Proposal for a regulation

Article 5 – paragraph 1 – point 67

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(67) ‘competent authority’ means a public authority established or designated as competent authority in accordance with Article 28;(67) ‘competent authority’ means a public authority established or designated by a Member States as competent authority;

Or. en

Amendment 158

Proposal for a regulation

Article 5 – paragraph 1 – point 68

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(68) ‘qualified technical body for space activities’ means a technical body established in a Member State which performs technical assessment in relation to matters of safety, resilience and environmental sustainability covered by this Regulation and which has been notified to the Commission in accordance with this Regulation;(68) ‘qualified technical body for space activities’ means a technical body which performs technical assessment in relation to matters of safety, resilience and environmental sustainability covered by this Regulation and which has been notified to the Commission in accordance with this Regulation;

Or. en

Amendment 159

Proposal for a regulation

Article 5 – paragraph 1 – point 72

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(72) ‘turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Council Regulation (EC) No 139/2004;deleted

Or. en

Amendment 160

Proposal for a regulation

Article 5 – paragraph 1 – point 73

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(73) ‘Union Space Label’ means a document issued by the European Union Agency for the Union Space Programme established in Article 1 of Regulation (EU) 2021/696 (‘the Agency’) attesting that a given space object has been evaluated for compliance with the specific safety, resilience, or environmental sustainability requirements laid down in a Union Space Labelling Scheme;deleted

Or. en

Amendment 161

Proposal for a regulation

Article 5 – paragraph 1 – point 74

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(74) ‘Union Space Labelling Scheme’ means a comprehensive set of rules, technical requirements, standards and procedures established at Union level that apply to the compliance check of products, processes, services, including testing and inspection activities carried out in relation to matters of safety, resilience or environmental sustainability;deleted

Or. en

Amendment 162

Proposal for a regulation

Article 6 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Authorisation for carrying out space activitiesCommon regime for the authorisation for carrying out space activities

Or. en

Amendment 163

Proposal for a regulation

Article 6 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Union space operators shall not provide space services unless they have obtained in a Member State an authorisation to carry out space activities which demonstrate compliance with the requirements laid down in Title IV, Chapters I to V, as applicable, depending on the category of space operator concerned.1. Union space operators shall only provide space activities within the Union when they have a Member State or Commission authorisation to carry out space activities which demonstrate compliance with the requirements laid down in Title IV, Chapters I to V, as applicable, depending on the category of space operator concerned.

Or. en

Amendment 164

Proposal for a regulation

Article 6 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. A Member State shall recognise the authorisations issued by another Member State as regards the requirements laid down in Title IV, Chapters I to V.deleted

Or. en

Amendment 165

Proposal for a regulation

Article 6 – paragraph 3 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
An authorisation shall be issued by the competent authority of the Member State in which the applicant is established and, as applicable, by the competent authority of the Member State where that applicant intends to operate or respectively launch, if different from the Member State of establishment.An authorisation shall be issued by:
(a) the competent authority of the Member State in which the applicant is established or by the competent authority of the Member State where that applicant intends to operate or respectively launch, if different from the Member State of establishment, without prejudice to Article 3(2).

Or. en

Amendment 166

Proposal for a regulation

Article 6 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The competent authorities of those Member States shall ensure coordination to facilitate their respective authorisation processes.The competent authorities of those Member States shall establish a process for the mutual recognition of authorisation, and, where necessary, ensure coordination to facilitate their respective authorisation processes.

Or. en

Amendment 167

Proposal for a regulation

Article 6 – paragraph 3 – subparagraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the Commission, for Union-owned assets in accordance with Title II Chapter II.

Or. en

Amendment 168

Proposal for a regulation

Article 6 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. For the purposes of delivering an authorisation, a competent authority shall take into account the opinion issued by the qualified technical body for space activities in the context of technical assessments carried out in accordance with Article 8.4. For the purposes of delivering an authorisation, a competent authority shall take into account the opinion issued by the qualified technical body for space activities in accordance with Article 8.

Or. en

Amendment 169

Proposal for a regulation

Article 6 – paragraph 5 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where the procedure of registration in URSO has not been completed yet, the Union space operator shall coordinate closely with the third country space operator or international organisation, the relevant competent authority and the Agency, including by requiring updates on the status of the registration process.deleted

Or. en

Amendment 170

Proposal for a regulation

Article 6 – paragraph 5 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall immediately provide such updates to avoid unnecessary delay in the authorisation process of the Union space operator.deleted

Or. en

Amendment 171

Proposal for a regulation

Article 7 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. An applicant shall apply for authorisation to the competent authority referred to in Article 6(3).deleted

Or. en

Amendment 172

Proposal for a regulation

Article 7 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The application for authorisation shall contain a technical file with all necessary documentation and supporting evidence to demonstrate compliance with the requirements laid down in Title IV, Chapters I to V, as applicable.2. The application for authorisation shall contain a technical file with all necessary documentation and supporting evidence to demonstrate compliance with the requirements laid down in Title IV, Chapters I to V, as applicable. The Commission shall adopt implementing acts to make available harmonised templates for the technical file.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2).

Or. en

Amendment 173

Proposal for a regulation

Article 7 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Member States shall establish processes to allow competent authorities to transmit the technical file to qualified technical bodies for space activities indicated by the applicant, or to allow the applicant to address directly the qualified technical bodies for space activities.4. Member States shall establish processes to allow competent authorities to transmit the technical file to qualified technical bodies for space activities indicated by the applicant.

Or. en

Amendment 174

Proposal for a regulation

Article 7 – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4a. Within 15 working days of receipt of an application for authorisation, the qualified technical body shall assess whether the application is complete and in the situation where the application for authorisation is incomplete, or where further clarification is needed, the qualified technical body shall set a deadline by which the applicant shall provide any additional information or bring clarification. The qualified technical body shall notify the applicant once the application is complete within 15 working days.

Or. en

Amendment 175

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
A qualified technical body for space activities shall assess the fulfilment of the requirements laid down in Title IV, Chapters I to V, as applicable, and, within 6 months from the date of receipt of the technical file, shall issue an opinion as regards the compliance of the envisaged space activities with the requirements laid down in Title IV, Chapters I to V, as applicable.A qualified technical body for space activities shall assess the fulfilment of the requirements laid down in Title IV, Chapters I to V, as applicable, and, no later than 3 months from the date of receipt of the technical file, shall issue an opinion as regards the compliance of the envisaged space activities with the requirements laid down in Title IV, Chapters I to V, as applicable.

Or. en

Amendment 176

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Competent authorities shall take utmost account of the technical assessment carried out in relation to Title IV, Chapter II, by the qualified technical bodies for space activities, pursuant to Article 8(2), third subparagraph.deleted

Or. en

Amendment 177

Proposal for a regulation

Article 7 – paragraph 6 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Within 12 months from the date of receipt of the application, the competent authority shall issue the authorisation or reject the application and shall inform the applicant thereof.No later than 6 months from the date of receipt of the application, the competent authority shall issue the authorisation or reject the application and shall inform the applicant thereof.

Or. en

Amendment 178

Proposal for a regulation

Article 7 – paragraph 6 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6a. In case the competent authority fails to take the decision within the deadline in accordance with paragraph 6, the application for authorisation is deemed to be approved.

Or. en

Amendment 179

Proposal for a regulation

Article 7 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. For the purposes of registration in URSO, a competent authority shall inform the Agency of all authorised Union space operators and primary space services providers and of any third country space operator they have authorised to launch from their territory.7. Where the competent authority issues an authorisation pursuant to paragraph 6, the competent authority shall inform the Agency in order to enable registration in URSO.

Or. en

Amendment 180

Proposal for a regulation

Article 8 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Technical assessmentsQualified technical bodies

Or. en

Amendment 181

Proposal for a regulation

Article 8 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. When setting-up the authorisation systems, Member States shall determine whether the technical assessments are to be carried out by:1. Member States shall designate one or more of the following qualified technical bodies to carry out technical assessments in accordance with Article 7(3):

Or. en

Amendment 182

Proposal for a regulation

Article 8 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) qualified technical bodies for space activities;(a) national qualified technical bodies for space activities;

Or. en

Amendment 183

Proposal for a regulation

Article 8 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) international organisations with specific technical expertise in matters covered by this Regulation;(b) international organisations with specific technical expertise in matters covered by this Regulation, as per international agreements referred to in Articles 107 and 108;

Or. en

Amendment 184

Proposal for a regulation

Article 8 – paragraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) combining the options referred to in points (a), (b) and (c).deleted

Or. en

Amendment 185

Proposal for a regulation

Article 8 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States that intend to make use of the system referred to in paragraph 1, point (a), shall ensure that qualified technical bodies for space activities are established on their territory.deleted
For the purposes of carrying out technical assessments on any matters covered by Title IV, Chapters I to V, Member States shall use qualified technical bodies for space activities established in their territory.
Member States shall ensure that the competent authority established pursuant to Article 8(1), of Directive 2022/2555 shall be competent for carrying out the technical assessment on matters covered by Title IV, Chapter II, in respect to Union space operators, excluding when operating assets referred to in Article 5, first paragraph, point (20).

Or. en

Amendment 186

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where the Union space operator intends to carry out a space mission that entails the launch of a satellite constellation, it shall submit to the competent authority an application for a single authorisation covering the launch or, as applicable, the launch and operation, in respect to all satellites that are part of the constellation, provided that all of the following conditions are met:Space activities involving constellations may be authorised through one single application through the authorisation process in accordance with Article 7 provided that they comply with the following criteria:

Or. en

Amendment 187

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) all satellites planned to be launched under the respective space mission are identical and perform the same tasks in the same manner;(a) all satellites planned to be launched under the respective space mission are in line with the definition referred to in Article 5 point 3 and fulfil unique user requirements;

Or. en

Amendment 188

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) all satellites of the constellation comply with the requirements laid down in Title IV, Chapters I to V.

Or. en

Amendment 189

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the launch of all satellites is planned to be carried out through the same launch vehicle and from the same launch site.deleted

Or. en

Amendment 190

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Union space operator shall ensure that the satellites that are part of the constellation comply with the requirements laid down in Title IV, Chapters I to V, and declare that the conditions laid down in the first subparagraph are fulfilled.deleted

Or. en

Amendment 191

Proposal for a regulation

Article 9 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. If, following the receipt of an application in accordance with paragraph 1, first subparagraph, the assessment of the competent authority carried out in respect to a single satellite to be launched under the respective space mission, demonstrates compliance with the requirements laid down in Title IV, Chapters I to V, the competent authority shall issue an authorisation for the entire satellite constellation (‘single authorisation’).2. Where a Union space operator intends to carry out a space mission, that entails the launch of a satellite constellation, competent authorities and qualified technical bodies shall assess a single satellite to be launched under the relevant space mission. When the criteria laid down in Article 7 are fulfilled, the competent authority shall issue a single authorisation for the entire satellite constellation, pursuant to Article 6 and Article 7(6).

Or. en

Amendment 192

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. Union space operators shall notify the relevant national competent authority of any change in the parameters of a satellite that may affect its compliance with Title IV, Chapters I to V, as well as before launching a new generation of satellites. Upon receiving such a notification, the competent authorities shall review the single authorisation and, if satisfied that the criteria set out in Article 7(2) are still fulfilled, shall confirm the validity of the single authorisation.

Or. en

Amendment 193

Proposal for a regulation

Article 9 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Competent authorities may, from the date of the delivery of the single authorisation carry out random inspections on any of those satellites part of the constellation which have not been subject to the ex-ante check upon which the single authorisation was based.deleted

Or. en

Amendment 194

Proposal for a regulation

Article 9 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The competent authority shall withdraw the single authorisation when the results of the random inspections establish non-compliance of the satellite with the authorisation requirements.deleted

Or. en

Amendment 195

Proposal for a regulation

Article 9 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Where the random inspections referred to in paragraph 3, identify aspects that conflict with the declaration referred to in paragraph 1, second subparagraph, without however amounting to non-compliance, and the assessment of the competent authority, taking into consideration the explanations provided by the Union space operator, find no major risks for the respective space mission, the competent authority may impose a penalty.deleted

Or. en

Amendment 196

Proposal for a regulation

Article 9 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Competent authorities shall review authorisations for the launch of satellite constellations when launching the first batch of the new generation of satellites.deleted

Or. en

Amendment 197

Proposal for a regulation

Article 10 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Member States may establish simplified authorisation processes for Union space operators that are small and medium-sized enterprises, research or education institutions, space operators carrying out In-Orbit Demonstration and Validation (IOD/IOV) or ISOS space missions.

Or. en

Amendment 198

Proposal for a regulation

Article 10 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Space operators that are research or education institutions or that carry out research space missions shall comply with the requirements of Title IV, Chapter I, Section 2, as set out in Article 62.2. Space operators that are research or education institutions or that carry out research space missions, or private entities that carry out research or In-Orbit Demonstration and Validation (IOD/IOV) space missions shall comply with the requirements of Title IV, Chapter I, Section 2, as set out in Article 62.

Or. en

Amendment 199

Proposal for a regulation

Article 10 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Entities applying a simplified risk management shall comply, as regards Title IV, Chapter II, with the provisions of Article 79(1), first subparagraph, only in relation to critical assets and critical functions.deleted

Or. en

Amendment 200

Proposal for a regulation

Article 10 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. When space operators that are small-sized enterprises or are research or education institutions carry out In-Orbit Demonstration and Validation (IOD/IOV) space missions, they shall be exempted, in relation to Title IV, Chapter III, from the obligation referred to in Article 96(2).4. When space operators are small mid-caps, small and medium-sized enterprises or are research or education institutions, or are research or education institutions that carry out In-Orbit Demonstration and Validation (IOD/IOV) or ISOS space missions, they shall be temporary or indefinitely excluded from the requirements of Title IV, Chapter III, in accordance with Article 96a.

Or. en

Amendment 201

Proposal for a regulation

Article 11 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Depending on the specific governance of the component of the Union Programme, the applicant entity shall provide to the Agency and the Commission all technical details and explanations that demonstrate compliance with the requirements laid down in Title IV, Chapters I, II, III, IV and V.2. Depending on the specific component of the Union Programme, the applicant entity shall provide to the Agency and the Commission all technical details and explanations that demonstrate compliance with the requirements laid down in Title IV, Chapters I, II, III, IV and V.

Or. en

Amendment 202

Proposal for a regulation

Article 11 – paragraph 3 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Within 30 working days of receipt of the entity’s application for authorisation, the Agency shall assess whether the application is complete.Within 15 working days of receipt of the entity’s application for authorisation, the Agency shall assess whether the application is complete.

Or. en

Amendment 203

Proposal for a regulation

Article 11 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where an application for authorisation is not complete, or where further clarification is needed, the Agency shall set a deadline by which the applicant entity shall provide any additional information as needed or bring clarification.Where an application for authorisation is not complete, or where further clarification is needed, the Agency shall set a reasonable deadline by which the applicant entity shall provide any additional information as needed.

Or. en

Amendment 204

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Within 6 months from the date of the notification referred to in Article 11(3), third subparagraph, the Agency shall examine, pursuant to Article 43(1), point (a), the application for authorisation, by assessing whether the applicant:Within 3 months from the date of the notification referred to in Article 11(3), third subparagraph, the Agency shall examine, pursuant to Article 43(1), point (a), the application for authorisation, by assessing whether the applicant ensures compliance with the requirements laid down in this Regulation.

Or. en

Amendment 205

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) possesses all the necessary reliability, capability and expertise to carry out space activities;deleted

Or. en

Amendment 206

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) ensures compliance with the requirements laid down in this Regulation and as applicable with any specific requirements needed by the implementation of the space mission, in the context of the Space Programme referred to in Regulation (EU) 2021/696 or Regulation (EU) 2023/588, for which an application for authorisation is submitted;deleted

Or. en

Amendment 207

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) does not pose a threat to the public order, the safety of persons and property and to public health in the Union.deleted

Or. en

Amendment 208

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall adopt a fully reasoned decision proposing to the Commission to issue or refuse an authorisation, based on the technical assessment to assess compliance carried out in accordance with Article 43(1), point (a).The Agency shall adopt a fully reasoned decision proposing to the Commission to issue or refuse an authorisation, based on the technical assessment and notify the Commission immediately.

Or. en

Amendment 209

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall notify its decision to the Commission immediately.deleted

Or. en

Amendment 210

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Within 30 working days of receipt of the decision of the Agency referred to in paragraph 1, second subparagraph, the Commission shall take a decision to issue or refuse the authorisation and shall notify it to the applicant immediately. The decision shall take effect upon its notification to the applicant.Within 15 working days of receipt of the decision of the Agency referred to in paragraph 1, second subparagraph, the Commission shall take a decision to issue or refuse the authorisation and shall notify it to the applicant immediately. The decision shall take effect upon its notification to the applicant. When an authorisation is issued, the Commission shall inform the Agency immediately, which shall register the operator in URSO.

Or. en

Amendment 211

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall issue an authorisation only where the applicant meets the requirements referred to in paragraph 1, first subparagraph.deleted

Or. en

Amendment 212

Proposal for a regulation

Article 12 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The Agency shall register without delay in URSO the Union space operators authorised in accordance with this Chapter.deleted

Or. en

Amendment 213

Proposal for a regulation

Article 13 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The Agency shall propose to the Commission to suspend or withdraw, as applicable, the authorisation where a Union space operator of Union-owned assets:2. The Agency shall propose to the Commission to suspend or withdraw, as applicable, the authorisation where a Union space operator of Union-owned assets no longer complies with the conditions under which the authorisation was issued and has not taken the remedial actions requested by the Commission.

Or. en

Amendment 214

Proposal for a regulation

Article 13 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) has obtained the authorisation by making false statements or through other irregular means;deleted

Or. en

Amendment 215

Proposal for a regulation

Article 13 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) no longer complies with the conditions under which the authorisation was issued and has not taken the remedial actions requested by the Commission.deleted

Or. en

Amendment 216

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall immediately notify its decision to the Union space operator of Union-owned concerned and to the competent authority of the Member State where that Union space operator of Union-owned assets is established.The Commission shall immediately notify its decision to the Union space operator of Union-owned assets concerned.

Or. en

Amendment 217

Proposal for a regulation

Article 14 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Third country space operators that are registered in accordance with Article 17 in the Union Register of Space Objects and are in possession of the e-certificate referred to in Article 25(1), shall be allowed to provide space services to Union space operators and in relation to Union-owned assets and to assets referred to in Article 5, first paragraph, point (21).1. Third country space operators that are registered in URSO in accordance with Article 17 shall be allowed to provide space services to and in relation to:
(a) Union space operators;
(b) Union-owned assets;
(c) Governmental and non-governmental space assets.

Or. en

Amendment 218

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For international organisations to provide, by virtue of their treaties, space-based data or space services in the Union, as applicable, the agreements referred to in Articles 107 and 108, respectively, shall be in place.International organisations that are registered in URSO shall be allowed to provide, by virtue of their treaties, space-based data or space services in the Union, in accordance with international agreements referred to in Articles 107 and 108.

Or. en

Amendment 219

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
International organisations providing space-based data or space services in the Union, pursuant to the first subparagraph, shall be registered to URSO and in the possession of the e-certificate referred to in Article 25(1).deleted

Or. en

Amendment 220

Proposal for a regulation

Article 14 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Paragraph 2 shall not apply where an international organisation only carries out technical assessment activities pursuant to Article 8(1), point (b).deleted

Or. en

Amendment 221

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Third country spacecraft operators shall be subject to the requirements applicable to the Union spacecraft operators laid down in Articles 62, 66, 67, 69 to 73, 75 to 92, and 96 to 100.Third country spacecraft operators shall be subject to the requirements applicable to the Union spacecraft operators laid down in Articles 62, 63, 66, 67, 69 to 73, 96 to 100, when offering space services and space-based data in the Union.

Or. en

Amendment 222

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) subscribe to a public or commercial collision avoidance space services provider;(a) ensure effective collision avoidance mechanisms, either by subscribing to a public or commercial collision avoidance space services provider, or by maintaining effective internal collision avoidance requirements;

Or. en

Amendment 223

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) notify to the Agency, in the application for registration in URSO, the name and details of the collision avoidance space services provider referred to in point (a).(c) notify to the Agency, in the application for registration in URSO, the name and details of the collision avoidance space services provider referred to in point (a) or provide to the Agency details of its internal collision avoidance requirements.

Or. en

Amendment 224

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall add the information referred to in point (c), in the Union contact list database referred to in Article 67(1).deleted

Or. en

Amendment 225

Proposal for a regulation

Article 15 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Third country launch operators and third country launch site operators shall be subject to the requirements applicable to the Union launch operators and launch site operators laid down in Articles 61, 75 to 92, and 96 to 100.2. Third country launch operators and third country launch site operators shall be subject to the requirements applicable to the Union launch operators and launch site operators laid down in Articles 61 and 96 to 100.

Or. en

Amendment 226

Proposal for a regulation

Article 17 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Registration for third country space services providersRegistration for third country space operators

Or. en

Amendment 227

Proposal for a regulation

Article 17 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Based on a decision by the Commission to allow registration, pursuant to paragraph 5, the Agency shall register in URSO third country space operators that demonstrate compliance with the requirements of Title IV, as set out in Article 16 or Article 15.deleted

Or. en

Amendment 228

Proposal for a regulation

Article 17 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Where a derogation has been obtained in accordance with Article 19, third country launch operators shall be registered in URSO based on a decision of the Commission without complying with one or more of the conditions set out in Article 15.deleted
When a derogation has been requested by a Member State to enable a Union space operator to launch with a third country space operator, that third country space operator shall provide evidence of that request to the Agency.

Or. en

Amendment 229

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
To obtain registration in URSO, pursuant to paragraph 1, a third country space operator shall lodge an application to the Agency. The application shall contain all the evidence needed to demonstrate compliance as referred to in paragraph 1.To obtain registration in URSO, a third country space operator shall submit an application to the Agency. The application shall contain all the evidence needed to demonstrate compliance with the requirements of Title IV, as set out in Article 15 and Article 16.

Or. en

Amendment 230

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall keep all the evidence which has been supplied by the applicants during the registration procedure.deleted

Or. en

Amendment 231

Proposal for a regulation

Article 17 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Not later than 5 months from the receipt of the application referred to in paragraph 3, first subparagraph, the Agency shall make a proposal to the Commission to take a decision approving or rejecting the registration in URSO of a third country space operator.5. Not later than 3 months from the receipt of the application referred to in paragraph 1, the Agency shall make a proposal to the Commission for approval or rejection of the registration in URSO of a third country space operator.

Or. en

Amendment 232

Proposal for a regulation

Article 17 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. The Commission shall take a decision based on the proposal of the Agency referred to in paragraph 5 and shall notify that decision to the third country space operator and to the Agency.6. The Commission shall take a decision based on the proposal of the Agency referred to in paragraph 3 and shall notify that decision to the third country space operator and to the Agency.

Or. en

Amendment 233

Proposal for a regulation

Article 17 – paragraph 7 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Where Article 16 applies, the Agency shall register on the basis of the following:7. Where the Commission has adopted an equivalence decision pursuant to Article 105, the Agency shall register in URSO third country space operators which are authorised in the third country concerned.

Or. en

Amendment 234

Proposal for a regulation

Article 17 – paragraph 7 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the third country space operator is authorised in a third country and is subject to ongoing supervision in a third country;deleted

Or. en

Amendment 235

Proposal for a regulation

Article 17 – paragraph 7 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the Commission has adopted an equivalence decision pursuant to Article 105.deleted

Or. en

Amendment 236

Proposal for a regulation

Article 17 – paragraph 8

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8. Where an application for derogation has been lodged in accordance with Article 19, the Agency shall proceed to the registration of the third country space operator in URSO after the Commission has adopted its decision in accordance with Article 19(5), first subparagraph.8. Where an application for derogation has been submitted in accordance with Article 19 and the Commission has adopted its decision in accordance with Article 19(5), first subparagraph, the Agency shall proceed to the registration of the third country space operator in URSO.

Or. en

Amendment 237

Proposal for a regulation

Article 18 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Where the conditions laid down in Article 107 or Article 108 are met, the Agency shall register international organisations in URSO.1. Where the conditions laid down in Article 107 or Article 108 are met, the Agency shall register those international organisations in URSO.

Or. en

Amendment 238

Proposal for a regulation

Article 18 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. For the purposes of paragraph 1, Article 17(3), (4), (5), (7) and (8), and Articles 19, 21 and 22 shall apply accordingly.2. For the purposes of paragraph 1, the registration requirements of Article 17 and Articles 19, 21 and 22 shall apply accordingly.

Or. en

Amendment 239

Proposal for a regulation

Article 19 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Derogations ​​​​​​Derogations ​​​​​​for launch operators

Or. en

Amendment 240

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
A Member State may request the Commission to adopt a decision allowing the Agency to register a third country launch operator which does not comply with one or more of the conditions referred to in Article 15(2), if the public interest conditions referred to in paragraph 2 are met.A Member State may request the Commission to adopt a decision allowing the Agency to register a third country launch operator which does not comply with one or more of the conditions referred to in Article 15(2), if the public interest conditions referred to in paragraph 2 of this Article are met.

Or. en

Amendment 241

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
A Member State shall lodge an application in accordance with paragraph 3, first subparagraph.A Member State shall submit an application in accordance with paragraph 3, first subparagraph, of this Article.

Or. en

Amendment 242

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For Union-owned assets, the Commission shall, on its own initiative, assess whether the public interest condition referred to in paragraph 2 is met.For Union-owned assets, the Commission shall, on its own initiative, assess whether the public interest condition referred to in paragraph 2 of this Article is met.

Or. en

Amendment 243

Proposal for a regulation

Article 19 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. As regards launch services, a Member State shall demonstrate that the launch services provided by a third country launch operator facilitate the access to, and the use of, space, when the following cumulative conditions are met:2. As regards launch services, a Member State shall demonstrate that the launch services provided by a third country launch operator are in public interest and meet the following conditions:

Or. en

Amendment 244

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) specify in a clear, unambiguous and exhaustive manner all the requirements laid down in Article 15(2), for which a derogation is requested;(b) specify all the requirements laid down in Article 15(2), for which a derogation is requested;

Or. en

Amendment 245

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) outline the necessary technical details regarding the space mission concerned;(c) outline the necessary technical details regarding the space service concerned;

Or. en

Amendment 246

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) provide the necessary evidence to demonstrate that the other requirements are met.(d) provide the necessary evidence to demonstrate that the other requirements laid down in Article 15(2) are met.

Or. en

Amendment 247

Proposal for a regulation

Article 19 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Upon receipt of the application referred to in paragraph 3, the Commission shall transmit it to the Agency. Within 1 month, the Agency shall issue a technical assessment on the compliance with the requirements laid down in Article 15 not subject to the application for derogation.4. Upon receipt of the application referred to in paragraph 3, the Commission shall transmit it to the Agency. Within 15 working days, the Agency shall issue a technical assessment on the compliance with the requirements laid down in Article 15 not subject to the application for derogation.

Or. en

Amendment 248

Proposal for a regulation

Article 19 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Within 2 months from the receipt of the technical assessment issued by the Agency pursuant to paragraph 4, the Commission shall, on the basis of that technical assessment, either adopt a decision granting a derogation to the respective third country launch operator, where the Commission concludes that the public interest condition referred to in paragraph 2 is met, or a decision refusing to grant such a derogation where it concludes that that public interest condition is not met.Within 15 working days from the receipt of the technical assessment issued by the Agency pursuant to paragraph 4, the Commission shall, on the basis of that technical assessment, either adopt a decision granting a derogation to the respective third country launch operator, where the Commission concludes that the public interest condition referred to in paragraph 2 is met, or a decision refusing to grant such a derogation where it concludes that that public interest condition is not met.

Or. en

Amendment 249

Proposal for a regulation

Article 19 – paragraph 5 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Those decisions shall be adopted as implementing acts in accordance with the examination procedure referred to in Article 114(2).deleted

Or. en

Amendment 250

Proposal for a regulation

Article 19 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. When the Commission grants, pursuant to paragraph 5, first subparagraph, a derogation to a third country launch operator, it shall in parallel grant a derogation to the Union space operator using the launch services of the respective third country launch operator.6. When the Commission grants, pursuant to paragraph 5, a derogation to a third country launch operator, it shall in parallel grant a derogation to the Union space operator using the launch services of the respective third country launch operator.

Or. en

Amendment 251

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Upon request of a third country public entity to be allowed to provide space services or space-based data in the Union, or upon a Member State request, as referred to in paragraph 2, the Commission, assisted by the Agency, shall first assess whether that third country public entity is a governmental entity or whether it operates or owns assets of space infrastructure that are military systems, including with civilian use.In the absence of an international agreement in accordance to Article 106 or and equivalence decisions in accordance to Article 105, a Member State may request the Commission to allow a third country public entity to provide space services or space-based data in the Union.
The Commission, assisted by the Agency, shall first assess whether that third country public entity is a governmental entity or whether it operates or owns assets of space infrastructure that are military systems, including with civilian use.

Or. en

Amendment 252

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
In its technical assistance provided to the Commission, the Agency shall map all the relevant activities and services provided by that third country public entity and shall identify all relevant assets of space infrastructure that such third country public entity operates or owns.deleted

Or. en

Amendment 253

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
A Member State may request the Commission to allow a third country public entity to provide space services or space-based data in the Union.deleted

Or. en

Amendment 254

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
In support of its application, a Member State may indicate a public interest for one or more Member States to obtain, or as applicable, to safeguard, continued and unhindered access to the respective space-based data or space services provided by that third country public entity, and may evidence the consequences for the relevant markets at the level of the Union or at Member State level, of losing such access.In support of its application, a Member State shall include the public interest for one or more Member States to obtain, or as applicable, to safeguard, continued and unhindered access to the respective space-based data or space services provided by that third country public entity, and may evidence the consequences for the relevant markets at the level of the Union or at Member State level, of losing such access.

Or. en

Amendment 255

Proposal for a regulation

Article 20 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The Commission may, on its own initiative, carry out the assessment referred to in paragraph 1.3. The Commission shall assess the application submitted by the Member State.

Or. en

Amendment 256

Proposal for a regulation

Article 20 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where, upon the assessment referred to in paragraph 1, the Commission concludes to the absence of security risks for the Union or the Member States, the Commission may adopt a decision allowing the respective third country public entity to provide space services or space-based data in the Union.Upon a positive assessment, the Commission shall adopt a decision allowing the respective third country public entity to provide space services or space-based data in the Union.

Or. en

Amendment 257

Proposal for a regulation

Article 20 – paragraph 4 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The decision referred to in the first subparagraph shall apply until the date when an international agreement concluded with the respective third country takes effect, governing the conditions for a third country public entity to provide space services or space-based data in the Union, or until the date where the Commission has adopted an equivalence decision as regards that third country, whichever is the earliest.The Commission decision shall apply until the date when an international agreement concluded with the respective third country takes effect, governing the conditions for a third country public entity to provide space services or space-based data in the Union, or until the date where the Commission has adopted an equivalence decision as regards that third country, whichever is the earliest.

Or. en

Amendment 258

Proposal for a regulation

Article 20 – paragraph 4 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall register without delay in URSO the third country public entity concerned on the basis of the decision taken by the Commission pursuant to first subparagraph.The Agency shall register without delay in URSO the third country public entity concerned on the basis of the decision taken by the Commission.

Or. en

Amendment 259

Proposal for a regulation

Article 20 – paragraph 4 – subparagraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The decision referred to in first subparagraph shall be adopted as implementing act in accordance with the examination procedure referred to in Article 114(2).deleted

Or. en

Amendment 260

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where an emergency or crisis occurs in a Member State, or an incident or attack causes disruption affecting more Member States or the Union institutions, the Commission shall, as soon as possible, on its own initiative, or at the request of the Member State concerned, carry out an assessment.Where an emergency or crisis occurs in a Member State, or a large incident or an attack causes disruption affecting more Member States or the Union institutions, the Commission or the Member States concerned, may use space-based data or space services by space services providers not registered in URSO.

Or. en

Amendment 261

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The affected Member States shall inform the Commission immediately on the use of non-URSO registered space activities and may request such use for a specific duration. The Commission shall assess the proportionality and effectiveness of such use and duration.

Or. en

Amendment 262

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
When the Commission decides to use a space service provider not registered in URSO, it shall inform Member States.

Or. en

Amendment 263

Proposal for a regulation

Article 21 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Based on this assessment, the Commission may allow the use of space-based data or space services by space services providers not registered in URSO, in accordance with the examination procedure referred to in Article 114(2).deleted

Or. en

Amendment 264

Proposal for a regulation

Article 21 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. As soon as possible, and depending on the gravity, duration and effects of the respective emergency, crisis or disruption, the decision referred to in paragraph 1 shall be confirmed, revoked or extended in accordance with the procedure referred to in Article 8 of Regulation (EU) No 182/2011.2. Based on the assessment by the Commission depending on the gravity, duration and effects of the respective emergency, crisis or disruption, the decision referred to in paragraph 1 shall be confirmed, revoked or extended

Or. en

Amendment 265

Proposal for a regulation

Article 22 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) based on documented evidence, the Agency establishes that the third country space operator no longer complies with one or several requirements laid down in Article 16 or Article 15, as applicable, and is not able to apply the needed remedies to ensure the continuous compliance thereof;(a) based on documented evidence, the Agency establishes that the third country space operator no longer complies with one or several requirements laid down in Article 15, as applicable, and is not able to apply the needed remedies to ensure the continuous compliance thereof;

Or. en

Amendment 266

Proposal for a regulation

Article 22 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the relevant third country supervisory authority has suspended or withdrawn the operating or launching authorisation granted to the space services provider concerned.(b) the relevant third country supervisory authority has suspended or withdrawn the operating or launching authorisation granted to the space operators concerned.

Or. en

Amendment 267

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
During that dialogue, the Agency shall give the third country space operator concerned the opportunity to submit observations on the grounds which the Agency intends to adopt its proposal, to provide explanations and submit any relevant documentation and evidence in support of its explanations, including any technical analysis, and to achieve compliance.During that dialogue, the Agency shall give the third country space operator concerned the opportunity to submit observations on the grounds which the Agency intends to adopt its proposal, to provide explanations and submit any relevant documentation and evidence in support of its explanations, including any technical analysis.

Or. en

Amendment 268

Proposal for a regulation

Article 22 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. No later than 2 months from the receipt of the proposal referred to in paragraph 1, first subparagraph, the Commission shall take a decision.3. No later than 1 month from the receipt of the proposal referred to in paragraph 1, first subparagraph, the Commission shall take a decision and inform immediately the competent supervisory authority of the third country concerned.

Or. en

Amendment 269

Proposal for a regulation

Article 22 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. In the case referred to in paragraph 1, point (b), and at least 30 days before issuing a decision of suspension or withdrawal, the Commission shall inform the relevant third country supervisory authority of its intention to suspend or withdraw registration in URSO.4. In the case referred to in paragraph 1, point (b), the Commission shall inform the relevant third country supervisory authority of its intention to suspend or withdraw registration in URSO.

Or. en

Amendment 270

Proposal for a regulation

Article 22 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. The Commission shall, without delay, inform the competent authorities of any action or measure to be adopted in accordance with paragraphs 2 and 4.deleted
The Agency shall publish a summary of the information regarding a suspension or withdrawal on its website and the URSO portal.

Or. en

Amendment 271

Proposal for a regulation

Article 22 – paragraph 6 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
A decision of the Commission to suspend or withdraw registration in URSO shall take effect upon a date which shall be specified in the decision of the Commission. In establishing that date, the Commission, acting upon a proposal by the Agency, shall take into account the time that may be required for the adaptation of relevant contracts.A decision of the Commission to suspend or withdraw registration in URSO shall take effect upon a date which shall be specified in the decision of the Commission taking into account the complexity of the contractual adaptations.

Or. en

Amendment 272

Proposal for a regulation

Article 23 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The legal representative in the Union shall be mandated by the third country space operator to be addressed in addition to, or instead of, the third country space operator, by the competent authorities, the Commission and the Agency, on all issues related to compliance with this Regulation. It shall have all necessary powers and resources to guarantee an efficient and timely cooperation with such authorities.2. The legal representative in the Union shall be mandated by the third country space operator to be addressed in addition to, or instead of, the third country space operator, by the competent authorities, the Commission and the Agency, on all issues related to compliance with this Regulation.

Or. en

Amendment 273

Proposal for a regulation

Title II – Chapter IV – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
IV PROVISION OF SPACE-BASED DATA AND SPACE SERVICES IN THE UNION AND E-TRACEABILITYPROVISION OF SPACE ACTIVITIES IN THE UNION AND E-CERTIFICATE

Or. en

Amendment 274

Proposal for a regulation

Article 24 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Union Register of Space Objects (URSO)Union Register of Space Operators (URSO)

Or. en

Amendment 275

Proposal for a regulation

Article 24 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The Agency shall set up a Union Register of Space Objects (URSO) for the registration of:1. The Agency shall set up and manage a Union Register of Space Operators (URSO) that includes the following:

Or. en

Amendment 276

Proposal for a regulation

Article 24 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) Union space operators authorised in accordance with Article 6(1) and notified to the Agency by the competent authorities pursuant to Article 7(7);(a) Union space operators, and their activities, authorised in accordance with Article 6;

Or. en

Amendment 277

Proposal for a regulation

Article 24 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) Union space operators that are entities entrusted with the execution or operation of the respective component of the Union Programme, based on an authorisation issued to the Commission, pursuant to Article 12(2);(b) Union space operators operating Union-owned assets, based on an authorisation issued to the Commission, pursuant to Article 12(2);

Or. en

Amendment 278

Proposal for a regulation

Article 24 – paragraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) third country space operators for which a decision of registration has been adopted pursuant to Article 17(1);(c) third country space operators, and their activities, for which a decision of registration has been adopted pursuant to Article 17;

Or. en

Amendment 279

Proposal for a regulation

Article 24 – paragraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) international organisations registered pursuant to Article 18(1).(d) international organisations, and their activities, registered pursuant to Article 18(1), in accordance with Articles 107 and 108.

Or. en

Amendment 280

Proposal for a regulation

Article 24 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. URSO shall have a centralised inventory and platform.deleted

Or. en

Amendment 281

Proposal for a regulation

Article 25 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Upon completion of the registration in URSO, the Agency shall issue and deliver an electronic certificate (‘e-certificate’) to the space service providers except the collision avoidance space services providers.1. The Commission shall adopt by the means of implementing acts an electronic certificate (‘e-certificate’) to be used by the Agency.

Or. en

Amendment 282

Proposal for a regulation

Article 25 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Upon completion of the registration in URSO, the Agency shall immediately issue and deliver an e-certificate to the space operators except the collision avoidance space services providers.

Or. en

Amendment 283

Proposal for a regulation

Article 25 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The e-certificate referred to in paragraph 1 shall identify the space mission(s) and space object(s) having generated the space-based data or having enabled the provision of space services and shall attest the conformity of such space objects with the requirements laid down in this Regulation.2. The e-certificate shall identify the space activities and space object(s) that generate space-based data or enable the provision of space services. Registration in URSO and the possession of a valid e-certificate shall attest the conformity with the requirements laid down in this Regulation.

Or. en

Amendment 284

Proposal for a regulation

Article 25 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Contracts of space services providers referred to in Article 2(1), points (a), (c) and (d), for the provision of space-based data and space services in the Union shall be accompanied by the e-certificate referred to in paragraph 1.deleted

Or. en

Amendment 285

Proposal for a regulation

Article 25 – paragraph 4 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The following information shall be transmitted by the competent authorities, as regards Union space operators, pursuant to Article 7(7), and directly by third country space operators and international organisations, to allow the Agency to issue and generate the e-certificate referred to in paragraph 1:4. The e-certificate shall contain the contact details of the certificate holder, the activities carried out, and the space object used thereto.

Or. en

Amendment 286

Proposal for a regulation

Article 25 – paragraph 4 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) details regarding the space services provider concerned, such as the name, physical address, internet address, the Member State or, as applicable, the third country of establishment and authorisation, the name and address of the competent authority or, as applicable, the relevant third country supervisory authority;deleted

Or. en

Amendment 287

Proposal for a regulation

Article 25 – paragraph 4 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) details regarding the type of space services carried out, indicating the Member State(s) or the third countries where these are being carried out;deleted

Or. en

Amendment 288

Proposal for a regulation

Article 25 – paragraph 4 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) technical details regarding the space object that is operated or launched and the respective space mission.deleted

Or. en

Amendment 289

Proposal for a regulation

Article 25 – paragraph 5 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. For the purposes of the request for standards referred to in Article 104, the e-certificate referred to in paragraph 1 shall comply with the following requirements:5. The e-certificate shall comply with the following requirements:

Or. en

Amendment 290

Proposal for a regulation

Article 25 – paragraph 5 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the e-certificate shall determine that a given space-based data is generated through the use of a clearly identified space mission and space object;(a) the e-certificate shall determine that a given space-based data is generated through the use of a clearly identified space activity and space object;

Or. en

Amendment 291

Proposal for a regulation

Article 26 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Provision of space services and space-based data in the UnionProvision and requirements of primary providers of space services and space-based data in the Union

Or. en

Amendment 292

Proposal for a regulation

Article 26 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Where space services providers, except for collision avoidance space services providers, provide for the first time, space-based data or space services in the Union, they shall be in possession of the e-certificate referred to in Article 25(1).1. Where space services providers, except for collision avoidance space services providers, provide for the first time, space-based data or space services in the Union, they shall be registered in URSO and in possession of the e-certificate.

Or. en

Amendment 293

Proposal for a regulation

Article 26 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. They shall ensure that the e-certificate is annexed to their contracts for the provision of space based-data or space services.2. Primary providers of space-based data in the Union shall operate only where such space-based data has been generated by space objects registered in URSO.

Or. en

Amendment 294

Proposal for a regulation

Article 26 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. Where primary providers of space-based data receive alerts or complaints about potential irregularities, they shall alert their suppliers and contact in parallel the Agency or the competent authority of the Member State where they are established.

Or. en

Amendment 295

Proposal for a regulation

Article 27

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 27deleted
Requirements for primary providers of space-based data
1. Primary providers of space-based data shall provide space-based data in the Union only where such space-based data has been generated by space objects registered in URSO.
2. Where primary providers of space-based data receive alerts or complaints about potential irregularities, they shall alert their suppliers and contact in parallel the Agency or the competent authority of the Member State where they are established.

Or. en

Amendment 296

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. Member States may act jointly in order to allocate the authorisation and supervision responsibilities attached to a space activity. The allocation of responsibilities shall be laid down in an agreement between the concerned Member States. Such agreement shall be notified to the Commission and the applicants.

Or. en

Amendment 297

Proposal for a regulation

Article 29 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) conduct investigations;deleted

Or. en

Amendment 298

Proposal for a regulation

Article 29 – paragraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) keep internal records of infringements of the requirements laid down in this Regulation;deleted

Or. en

Amendment 299

Proposal for a regulation

Article 29 – paragraph 1 – point f

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(f) carry out audits;(f) carry out audits and conduct investigations;

Or. en

Amendment 300

Proposal for a regulation

Article 29 – paragraph 1 – point g

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(g) request qualified technical body for space activities to perform technical assessments in accordance with Article 8(1), point (a);deleted

Or. en

Amendment 301

Proposal for a regulation

Article 29 – paragraph 1 – point h

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(h) review, in the context of supervisory tasks, the application by Union space operators of the proportionality principle;deleted

Or. en

Amendment 302

Proposal for a regulation

Article 29 – paragraph 1 – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(i) report to the Commission about main supervisory activities in relation to the application of this Regulation.deleted

Or. en

Amendment 303

Proposal for a regulation

Article 29 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Member States shall ensure appropriate supervision of Union space operators carrying out national space programmes, by observing the separation of roles and the absence of conflict of interest.deleted

Or. en

Amendment 304

Proposal for a regulation

Article 30 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Competent authorities shall have all supervisory, investigatory, corrective and sanctioning powers that are necessary for the exercise of the functions and tasks referred to in Article 29.1. Competent authorities shall have, in compliance with national law, all necessary supervisory, investigatory and enforcement powers for the exercise of the functions and tasks referred to in Article 29.

Or. en

Amendment 305

Proposal for a regulation

Article 30 – paragraph 3 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) to request proof of implementation of the requirements laid down in this Regulation and the underlying evidence;

Or. en

Amendment 306

Proposal for a regulation

Article 30 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) to obtain access to premises, land and means of transport, including to any data processing equipment and means;(b) to carry out on-site and off-site inspections, and for that purpose to enter to premises, land and means of transport;

Or. en

Amendment 307

Proposal for a regulation

Article 30 – paragraph 3 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) to request proof of implementation of the requirements laid down in this Regulation and the underlying evidence;(c) in order to access documents and other data in any form.

Or. en

Amendment 308

Proposal for a regulation

Article 30 – paragraph 3 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) to review the technical assessments carried out by qualified technical bodies for space activities pursuant to Article 8;deleted

Or. en

Amendment 309

Proposal for a regulation

Article 30 – paragraph 3 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) to carry out on-site and off-site inspections, including carrying out audits.deleted

Or. en

Amendment 310

Proposal for a regulation

Article 30 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Where competent authorities carry out inspections, the officials authorised to carry out inspections shall be empowered to:deleted
(a) enter any premise, land and means of transport of the respective Union space operators;
(b) examine the books and other business records, irrespective of the medium on which they are stored, access any information accessible to the Union space operators subject to the inspection, and take or request copies or extracts from those books or records;
(c) ask any representative or member of staff of the Union space operator subject to the inspection for explanations of facts and for documents which are in the remit of the subject-matter of the inspection, and record the answers;
(d) seal any business premise, books or records, for the duration of, and to the extent necessary for, the inspection.

Or. en

Amendment 311

Proposal for a regulation

Article 30 – paragraph 5 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Competent authorities shall have at least the following corrective powers:5. Competent authorities shall have at least the following enforcement powers:

Or. en

Amendment 312

Proposal for a regulation

Article 30 – paragraph 5 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) to order Union space operators to cease a conduct which the competent authorities deem to be contrary to the requirements laid down in this Regulation;(b) to order Union space operators to cease a conduct which infringes this Regulation;

Or. en

Amendment 313

Proposal for a regulation

Article 30 – paragraph 5 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) to order Union space operators to remedy the shortcomings identified by the competent authorities in relation to the application of the requirements laid down in this Regulation, including by applying corrective measures for infringements of the requirements laid down in this Regulation;(d) to impose remedy measures on Union space operators that fail to bring non-compliance to an end.

Or. en

Amendment 314

Proposal for a regulation

Article 30 – paragraph 5 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) to designate, for a determined period, a monitoring officer to oversee the process of bringing the conduct of Union space operators into compliance, as regards the requirements laid down in this Regulation.deleted

Or. en

Amendment 315

Proposal for a regulation

Article 30 – paragraph 5 – point e a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ea) to impose, or request a relevant administrative or judicial body to impose, an administrative fine or an administrative sanction against a union space operator;

Or. en

Amendment 316

Proposal for a regulation

Article 30 – paragraph 5 – point e b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(eb) to temporarily suspend or request a relevant administrative or judicial body to temporarily suspend, in part or fully, the authorisation;

Or. en

Amendment 317

Proposal for a regulation

Article 30 – paragraph 5 – point e c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ec) to withdraw, or request a relevant administrative or judicial body to order the withdrawal of, the authorisation to carry out space activities.

Or. en

Amendment 318

Proposal for a regulation

Article 30 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Competent authorities shall have at least the following sanctioning powers:deleted
(a) to impose or request a relevant administrative or judicial body to impose an administrative fine for non-compliance, or an administrative sanction in regard to an infringement of the requirements laid down in this Regulation;
(b) to temporarily suspend or request a relevant administrative or judicial body to temporarily suspend, in part or fully, the authorisation;
(c) to withdraw the authorisation to carry out space activities, when a Union space operator no longer fulfils the conditions under which an authorisation was issued, or when a Union space operator falls within a situation where, pursuant to national law, the authorisation shall be withdrawn.
A temporary suspension imposed pursuant to point (b), shall be applied until the Union space operator concerned takes all the actions which are necessary to remedy the problems identified by the competent authority, or to fully comply with all the measures prescribed by the competent authority.

Or. en

Amendment 319

Proposal for a regulation

Article 30 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Competent authorities may, on their own initiative, decide to impose interim measures on Union space operators, notably in case of urgency, to comply with the requirements laid down in this Regulation.deleted

Or. en

Amendment 320

Proposal for a regulation

Article 30 – paragraph 8

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8. Member States may provide by law that competent authorities shall have additional powers to those referred to in paragraphs 3 to 7. The exercise of those powers shall not impair the effective implementation of this Chapter.deleted

Or. en

Amendment 321

Proposal for a regulation

Article 31 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States shall lay down rules on penalties for infringements of this Regulation. Those penalties shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those provisions and any subsequent amendment affecting them.1. Member States shall lay down rules on penalties for infringements of this Regulation. Member States shall without delay notify the Commission of those provisions and any subsequent amendment affecting them.

Or. en

Amendment 322

Proposal for a regulation

Article 31 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. When determining the administrative sanction and the level of the administrative fine, competent authorities shall consider all relevant circumstances, including, where appropriate:deleted
(a) the gravity and duration of the infringement and the permanence of damages caused by the infringement;
(b) previous infringements by the natural or legal person responsible for the infringement;
(c) the material or non-material damage caused by, or through, the infringement, including financial or economic loss and adverse effects upon other services, and relevant criteria for the impact of an infringement, such as the number of users affected, or the magnitude of the loss incurred by a third party as a result of the infringement;
(d) the intent or negligence on the part of the perpetrator of the infringement;
(e) measures taken by the Union space operator to prevent or mitigate the damage;
(f) the level of cooperation with the competent authorities and any obstruction of inspections, audits or other monitoring activities of competent authorities, 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) the need for the administrative fine to have a deterrent effect.

Or. en

Amendment 323

Proposal for a regulation

Article 31 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Competent authorities shall set out the reasoning for their enforcement measures.deleted

Or. en

Amendment 324

Proposal for a regulation

Article 31 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The supervisory measures shall be effective, dissuasive and proportionate, considering all circumstances of each individual case. Before adopting a supervisory measure, the competent authorities shall inform the Union space operators of their preliminary findings and shall allow reasonable time for Union space operators to submit observations.deleted

Or. en

Amendment 325

Proposal for a regulation

Article 31 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Member States shall ensure that competent authorities have the power to directly bring infringements of this Regulation before a judicial body and that they are entitled to take part, in their own right, in all types of legal proceedings regarding the enforcement of this Regulation, including by lodging appeals.deleted

Or. en

Amendment 326

Proposal for a regulation

Article 32 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Member States making use of the possibility referred to in Article 8(1), point (a), shall ensure that qualified technical bodies for space activities are designated, assessed and monitored by public authorities and that they are notified to the Commission, in accordance with Article 33.1. Member States making use of the possibility referred to in Article 8(1), point (a), shall ensure that qualified technical bodies for space activities are designated, assessed and monitored by a competent authority, and that they are notified to the Commission, in accordance with Article 33.

Or. en

Amendment 327

Proposal for a regulation

Article 32 – paragraph 3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Member States shall ensure that the public authority referred to in paragraph 1:3. Member States shall ensure that the competent authority referred to in paragraph 1:

Or. en

Amendment 328

Proposal for a regulation

Article 33 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Notification processNotification process of qualified technical bodies for space activities

Or. en

Amendment 329

Proposal for a regulation

Article 33 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Where a notification is not based on the accreditation certificate referred to in Article 34(5), point (b), Member States shall provide to the Commission and the other Member States evidence attesting the competence of that qualified technical body for space activities and shall ensure that such body will be regularly monitored and continues to meet the requirements laid down in Article 35.deleted

Or. en

Amendment 330

Proposal for a regulation

Article 33 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. A body may perform activities as qualified technical body for space activities only if the Commission or a Member State have not raised objections within two months from the date of the notification, where it includes the accreditation certificate referred to in Article 34(5), point (b), or within three months from the date of notification, where it includes the documentary evidence referred to in Article 34(6).deleted

Or. en

Amendment 331

Proposal for a regulation

Article 34 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Where an entity intends to carry out technical assessments for one or more matters covered by Title IV, Chapters I to V, it shall submit an application to the relevant authority, as referred to in Article 32, in the Member State where it is established, to obtain designation as qualified technical body for space activities.1. Where an entity intends to carry out technical assessments for one or more matters covered by Title IV, Chapters I to V, it shall submit an application to the competent authority, as referred to in Article 32, in the Member State where it is established, to obtain designation as qualified technical body for space activities.

Or. en

Amendment 332

Proposal for a regulation

Article 34 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. In carrying out their tasks of authorisations and supervision referred to in Article 28(1), competent authorities shall take duly account of the technical assessments carried out by the bodies and the authorities referred to in paragraph 2 and shall ensure supervisory convergence with the authorities referred to in Article 8 of Directive 2022/2555.deleted
Member States shall ensure close coordination through mechanisms and protocols between such authorities and the competent authorities designated pursuant to Article 28(1) of this Regulation.

Or. en

Amendment 333

Proposal for a regulation

Article 34 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Where a public entity carrying out technical assessments in relation to the requirements laid down in Title IV, Chapter I and in Chapter V, is part of the administrative structure of the competent authority referred to in Article 28(1), the application referred to in paragraph 1 shall be submitted by the competent authority.deleted

Or. en

Amendment 334

Proposal for a regulation

Article 34 – paragraph 5 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Entities referred to in paragraph 1 shall indicate for which of the matters covered by Title IV, Chapters I to V, the application to become a qualified technical body for space activities is submitted, and shall:5. Entities referred to in paragraph 1 shall indicate and prove with the necessary accreditation certificate, for which of the matters covered by Title IV, Chapters I to V, the application to become a qualified technical body for space activities is submitted:

Or. en

Amendment 335

Proposal for a regulation

Article 34 – paragraph 5 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) provide a description of all the technical assessment activities to be carried out;deleted

Or. en

Amendment 336

Proposal for a regulation

Article 34 – paragraph 5 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) indicate any accreditation certificate(s), where one exists, issued by a national accreditation body, which attests that the respective body fulfils the requirements laid down in Article 35;deleted

Or. en

Amendment 337

Proposal for a regulation

Article 34 – paragraph 5 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) indicate, as applicable, a valid document providing evidence on the designation of the applicant as a notified body under any relevant Union harmonisation legislation.deleted

Or. en

Amendment 338

Proposal for a regulation

Article 34 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. Where an applicant cannot provide the accreditation certificate referred to in paragraph 5, point (b), it shall provide the authority referred to in Article 32 with all documentary evidence allowing that authority to carry out verifications or conduct regular monitoring to ensure compliance with the requirements laid down in Article 35.6. Where an applicant cannot provide the accreditation certificate referred to in paragraph 5, it shall provide the authority referred to in Article 32 with all documentary evidence allowing that authority to carry out verifications or conduct regular monitoring to ensure compliance with the requirements laid down in Article 35.

Or. en

Amendment 339

Proposal for a regulation

Article 38

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 38deleted
Appeal against decisions of qualified technical bodies for space activities
Member States shall ensure that decisions of qualified technical bodies for space activities can be appealed.

Or. en

Amendment 340

Proposal for a regulation

Article 40 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) carry out the technical assessments enabling the Commission to take decisions regarding the authorisation and the ongoing supervision of Union space operators of Union owned-assets and the registration and the ongoing supervision of third country operators;(a) carry out the technical assessments enabling the Commission to take decisions regarding the authorisation and the ongoing supervision of Union space operators of Union owned-assets;

Or. en

Amendment 341

Proposal for a regulation

Article 40 – paragraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) carry out, on the basis of a decision of the Commission, the registration of third country space operators and of international organisations, in accordance with Article 17 and Article 18;(c) carry out, on the basis of a decision of the Commission, the registration in URSO of third country space operators and of international organisations, in accordance with Article 17 and Article 18;

Or. en

Amendment 342

Proposal for a regulation

Article 40 – paragraph 1 – point h

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(h) report to the Commission on the application of simplified risk management across the Union, and submit appropriate recommendations, in accordance with Article 79(3), first subparagraph;deleted

Or. en

Amendment 343

Proposal for a regulation

Article 40 – paragraph 1 – point j

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(j) contribute to the establishment and maintenance of the Union Space Label Framework, in accordance with the provisions of Title VI, Chapter II;deleted

Or. en

Amendment 344

Proposal for a regulation

Article 40 – paragraph 1 – point k

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 345

Proposal for a regulation

Article 40 – paragraph 1 – point l

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;deleted

Or. en

Amendment 346

Proposal for a regulation

Article 40 – paragraph 1 – point m

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;deleted

Or. en

Amendment 347

Proposal for a regulation

Article 40 – paragraph 1 – point q

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 348

Proposal for a regulation

Article 40 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. 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
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.

Or. en

Amendment 349

Proposal for a regulation

Article 40 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Before issuing a new guideline or recommendation, the Agency shall review existing guidelines and recommendations to avoid duplication.deleted

Or. en

Amendment 350

Proposal for a regulation

Article 41 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, including the tasks of the Compliance Board referred to in Article 43.

Or. en

Amendment 351

Proposal for a regulation

Article 41 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 352

Proposal for a regulation

Article 41 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. In adopting delegated acts for determining the amount of fees, the Commission shall set out specific exemptions for space operators that are small and medium enterprises, and research or education institutions.

Or. en

Amendment 353

Proposal for a regulation

Article 42

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 42deleted
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.

Or. en

Amendment 354

Proposal for a regulation

Article 43 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Tasks of the Compliance BoardCompliance Board

Or. en

Amendment 355

Proposal for a regulation

Article 43 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The Compliance Board shall be responsible for:1. The Compliance Board is established within the Agency. It shall be responsible for:

Or. en

Amendment 356

Proposal for a regulation

Article 43 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;

Or. en

Amendment 357

Proposal for a regulation

Article 43 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 competent authorities issue authorisations to Union space operators, as regards the 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);

Or. en

Amendment 358

Proposal for a regulation

Article 43 – paragraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 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.

Or. en

Amendment 359

Proposal for a regulation

Article 43 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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:

Or. en

Amendment 360

Proposal for a regulation

Article 43 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;

Or. en

Amendment 361

Proposal for a regulation

Article 43 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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);

Or. en

Amendment 362

Proposal for a regulation

Article 43 – paragraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;

Or. en

Amendment 363

Proposal for a regulation

Article 43 – paragraph 2 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 364

Proposal for a regulation

Article 43 – paragraph 2 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) issue the e-certificates referred to in Article 25(1);deleted

Or. en

Amendment 365

Proposal for a regulation

Article 43 – paragraph 2 – point f

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 366

Proposal for a regulation

Article 43 – paragraph 2 – point g

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(g) draw up and publish the consolidated lists of space services providers registered in URSO pursuant to Article 24(2);deleted

Or. en

Amendment 367

Proposal for a regulation

Article 43 – paragraph 3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 in Title IV, Chapters I to V in the configurations set out in 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.

Or. en

Amendment 368

Proposal for a regulation

Article 43 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 369

Proposal for a regulation

Article 43 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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).

Or. en

Amendment 370

Proposal for a regulation

Article 44 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, competent authorities and qualified technical bodies for space activities or international organisations. It may be supported by independent experts.

Or. en

Amendment 371

Proposal for a regulation

Article 44 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
After completing their technical assessments, the Technical Boards shall submit reports to the Compliance Board.deleted

Or. en

Amendment 372

Proposal for a regulation

Article 44 – paragraph 2 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 373

Proposal for a regulation

Article 44 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Compliance Board, as well as to specify the details for their designation, tasks and working arrangements.

Or. en

Amendment 374

Proposal for a regulation

Article 45

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 45deleted
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.

Or. en

Amendment 375

Proposal for a regulation

Article 46 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 376

Proposal for a regulation

Title III – Chapter II – Section 2 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 POWERS OF THE COMMISSION AND THE AGENCY REGARDING UNION SPACE OPERATORS OF UNION-OWNED ASSETS AND THIRD COUNTRY SPACE SERVICES PROVIDERSSUPERVISORY POWERS OF THE COMMISSION AND THE AGENCY

Or. en

Amendment 377

Proposal for a regulation

Article 48 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Scope and exercise of powers by the Agency and the CommissionScope and exercise of powers by the Commission and the Agency regarding Union space operators of Union owned assets

Or. en

Amendment 378

Proposal for a regulation

Article 48 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 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), regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section.

Or. en

Amendment 379

Proposal for a regulation

Article 48 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 380

Proposal for a regulation

Article 48 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) third country space operators;deleted

Or. en

Amendment 381

Proposal for a regulation

Article 48 – paragraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) international organisations, pursuant to Article 107(3), and Article 108, respectively.deleted

Or. en

Amendment 382

Proposal for a regulation

Article 48 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For the purposes of carrying out the technical assessments referred to in Article 40(1), point (a), the Agency shall have the powers referred to in Articles 49, 50, 51 and 52.For the purposes of carrying out the technical assessments referred to in Article 40(1), point (a), the Agency shall have the powers referred to in Articles 49, 50, 51 and 52 and inform the Commission of each of its actions.

Or. en

Amendment 383

Proposal for a regulation

Article 48 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 384

Proposal for a regulation

Article 48 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 385

Proposal for a regulation

Article 48 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 386

Proposal for a regulation

Article 48 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 48a
Scope and exercise of powers by the Commission regarding third country space operators and international organisations
1. The Commission 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:
(a) third country space operators;
(b) international organisations in accordance with Articles 107 and 108.

Or. en

Amendment 387

Proposal for a regulation

Article 49 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 operators of Union-owned assets referred to in Article 48, provide all information necessary for the Agency to carry out their supervisory tasks.

Or. en

Amendment 388

Proposal for a regulation

Article 49 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. The Commission may request or require by a decision that space operators referred to in Article 48a (1), points (a) and (b) provide all information necessary for the Commission to carry out their supervisory tasks.

Or. en

Amendment 389

Proposal for a regulation

Article 49 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, or under paragraph 1a, the Commission, shall state the purpose of the request, specify which information is required, set a time within which that information is to be provided, 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.

Or. en

Amendment 390

Proposal for a regulation

Article 49 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 and 48a (1), points (a) and (b) shall supply the information requested.

Or. en

Amendment 391

Proposal for a regulation

Article 50 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 392

Proposal for a regulation

Article 50 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. The Commission may conduct necessary investigations of the space operators referred to in Article 48a(1), points (a) and (b).

Or. en

Amendment 393

Proposal for a regulation

Article 50 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 paragraphs 1 and 1a. The officers of the Commission and the Agency shall exercise their investigation powers upon the production of this authorisation.

Or. en

Amendment 394

Proposal for a regulation

Article 50 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 395

Proposal for a regulation

Article 50 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 396

Proposal for a regulation

Article 50 – paragraph 4 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The officers of the Commission and the Agency shall be empowered to:4. In the conduct of investigations, the officers of the Commission and the Agency shall be empowered to:

Or. en

Amendment 397

Proposal for a regulation

Article 50 – paragraph 4 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) request records of telephone and data traffic.deleted

Or. en

Amendment 398

Proposal for a regulation

Article 50 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 and Article 48a(1), points (a) and (b), respectively are required to submit to investigations.

Or. en

Amendment 399

Proposal for a regulation

Article 50 – paragraph 5 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 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.

Or. en

Amendment 400

Proposal for a regulation

Article 51 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 operators referred to in Article 48a (1), points (a) and (b), located in the Union.

Or. en

Amendment 401

Proposal for a regulation

Article 51 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Commission to carry out an on-site investigation.

Or. en

Amendment 402

Proposal for a regulation

Article 51 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Commission and other persons authorised by the Commission and the Agency to conduct an inspection.

Or. en

Amendment 403

Proposal for a regulation

Article 51 – paragraph 2 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.deleted

Or. en

Amendment 404

Proposal for a regulation

Article 51 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 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 48a (1), points (a) and (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.

Or. en

Amendment 405

Proposal for a regulation

Article 51 – paragraph 4 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 406

Proposal for a regulation

Article 51 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 48a(1), points (a) and (b), respectively, shall submit to the on-site inspections ordered by decision of the Commission.

Or. en

Amendment 407

Proposal for a regulation

Article 51 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Commission, 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.

Or. en

Amendment 408

Proposal for a regulation

Article 51 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 competent authorities to carry out specific investigatory tasks and on-site inspections, as provided for in this Article and in Article 50, on its 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.

Or. en

Amendment 409

Proposal for a regulation

Article 52 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 referred to in Article 23 of the space operators referred to in Article 48a(1), point (a), the Commission may carry out on-site inspections at the business premises, land or property of space operators referred to in Article 48a(1), point (a), which are located outside the Union, if all the following conditions are met:

Or. en

Amendment 410

Proposal for a regulation

Article 52 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 space operator referred to in Article 48a(1), point (a), consents to the conduct of an inspection in a third country; and

Or. en

Amendment 411

Proposal for a regulation

Article 52 – paragraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.

Or. en

Amendment 412

Proposal for a regulation

Article 52 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. When the Commission and the Agency act based on paragraph 1 they shall have the powers referred to in:2. When the Commission acts based on paragraph 1 it shall have the powers referred to in:

Or. en

Amendment 413

Proposal for a regulation

Article 53 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Procedure for investigation by the AgencyProcedure for investigation by the Commission

Or. en

Amendment 414

Proposal for a regulation

Article 53 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Commission may on its own initiative, upon request by a Member State or upon complaint, investigate any infringement of this Regulation.

Or. en

Amendment 415

Proposal for a regulation

Article 53 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Where the Commission on its own initiative, or upon the request by the Agency, has serious indications of infringements to the technical requirements laid down in Title IV, Chapters I to V, the Commission shall open an investigation.

Or. en

Amendment 416

Proposal for a regulation

Article 54

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 417

Proposal for a regulation

Article 55 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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:

Or. en

Amendment 418

Proposal for a regulation

Article 55 – paragraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 operators referred to in Article 48a(1), points (a) and (b), to bring the infringement to an end;

Or. en

Amendment 419

Proposal for a regulation

Article 55 – paragraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 operators referred to in Article 48a(1), points (a) and (b);

Or. en

Amendment 420

Proposal for a regulation

Article 55 – paragraph 1 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 421

Proposal for a regulation

Article 55 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 422

Proposal for a regulation

Article 56 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 record an infringement of this Regulation, the Commission may impose a fine or a periodic penalty payment, in accordance with paragraphs 2, 5, 6 and 7, in respect to a Union space operator of Union owned-assets referred to in Article 48(1), third country space operators or international organisations referred to in Article 48a(1), points (a) and (b).

Or. en

Amendment 423

Proposal for a regulation

Article 56 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 424

Proposal for a regulation

Article 56 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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

Or. en

Amendment 425

Proposal for a regulation

Article 56 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 referred to in Article 48(1), third country space operators or international organisations referred to in Article 48a(1), points (a) and (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.

Or. en

Amendment 426

Proposal for a regulation

Article 57 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 referred to in Article 48(1), third country space operators and international organisations referred to in Article 48a(1), points (a) and (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.

Or. en

Amendment 427

Proposal for a regulation

Title IV – Chapter I – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
I SAFETY AND SUSTAINABILITY IN SPACESAFETY

Or. en

Amendment 428

Proposal for a regulation

Title IV – Chapter I – Section 1 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 LAUNCHERSLAUNCH VEHICLES

Or. en

Amendment 429

Proposal for a regulation

Article 59 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 430

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;

Or. en

Amendment 431

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) develop, 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.a;

Or. en

Amendment 432

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;

Or. en

Amendment 433

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 434

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – point ii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ii) pre-fragmentation trajectories (atmospheric or in outer space), depending on the flight times and faults considered;deleted

Or. en

Amendment 435

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – point iii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 436

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – point iv

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(iv) the dispersion on the ground of the debris and the evaluation of the effects thereof;deleted

Or. en

Amendment 437

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – point v

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(v) the reliability of the launch vehicle for the launch phase, including, where applicable, during the recovery phase;deleted

Or. en

Amendment 438

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point b – point vi

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry;deleted

Or. en

Amendment 439

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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

Or. en

Amendment 440

Proposal for a regulation

Article 59 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2).The implementing act referred to in Article 59(3), 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).

Or. en

Amendment 441

Proposal for a regulation

Article 60 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Union launch operators shall equip launch vehicles with tracking devices or means of tracking that enable real-time monitoring of the launch vehicle position and of velocity.

Or. en

Amendment 442

Proposal for a regulation

Article 60 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 443

Proposal for a regulation

Article 60 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.

Or. en

Amendment 444

Proposal for a regulation

Article 61 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Space debris mitigation for launchersSpace debris mitigation for launch vehicles

Or. en

Amendment 445

Proposal for a regulation

Article 61 – paragraph 1 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ca) limitation of 25 years by when a launch vehicle deployed in Low Earth Orbit (LEO) shall be disposed.

Or. en

Amendment 446

Proposal for a regulation

Article 61 – paragraph 3 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) establish the time period for when a launch vehicle deployed in Low Earth Orbit (LEO) shall be disposed, in accordance with point 1.1.1, point (e), of Annex II, including specific measures for the pyrotechnic system and the solid or hybrid propellant;(a) establish, in accordance with point 1.1.1, point (e), of Annex II, specific measures for the pyrotechnic system and the solid or hybrid propellant;

Or. en

Amendment 447

Proposal for a regulation

Article 61 – paragraph 3 – subparagraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) establish the duration and the threshold of the risk of fragmentation due to collision in accordance with point 1.3, of Annex II;(d) establish the threshold of the risk of fragmentation due to collision in accordance with point 1.3, of Annex II;

Or. en

Amendment 448

Proposal for a regulation

Article 61 – paragraph 3 – subparagraph 1 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) develop the conditions for design of the launch vehicle for demise for atmospheric re-entry and uncontrolled re-entry referred to in point 2.2, point (b)(ii), of Annex II; anddeleted

Or. en

Amendment 449

Proposal for a regulation

Article 62 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Special regime for research and education spacecraftLight regime for safety

Or. en

Amendment 450

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Union spacecraft operators of research and education missions, are exempted from the requirements laid down in:Union spacecraft operators of research and education missions, or private entities that carry out research or In-Orbit Demonstration and Validation (IOD/IOV) space missions, are exempted from the following requirements:

Or. en

Amendment 451

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point a – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) Article 66, for research spacecraft intended to be placed in an orbit above the limit prescribed in that Article and below 600 km, where:(a) spacecraft manoeuvrability in accordance with Article 66, for research spacecraft intended to be placed in an orbit above 400 km and below 600 km, where:

Or. en

Amendment 452

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point a – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(i) a trackability system enables a precise positioning of the spacecraft and;(i) a tracking system enables a precise positioning of the spacecraft and;

Or. en

Amendment 453

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point a – point ii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ii) the relevant space mission documents demonstrated why manoeuvrability capabilities were not retained;(ii) the application includes documents demonstrating why manoeuvrability capabilities were not implemented in the spacecraft;

Or. en

Amendment 454

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) Article 72, for spacecraft intended to remain in orbit less than one year;(b) a light and radio pollution plan in accordance with Article 72, for spacecraft intended to remain in orbit less than one year;

Or. en

Amendment 455

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) point 2.3, of Annex IV;(c) information about operational orbit(s) within the timelines referred to in point 2.3, of Annex IV;

Or. en

Amendment 456

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) point 2.5, of Annex IV;(d) contact point for manoeuvrability as referred to in point 2.5, of Annex IV;

Or. en

Amendment 457

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) Point 1.2.1, point (e)(iv), of Annex V;(e) redundancy function for passivation, as referred to in point 1.2.1, point (e)(iv), of Annex V;

Or. en

Amendment 458

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 1 – point f

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(f) Point 4.3, point (f)(iii), of Annex V.(f) failure response plan, as referred in point 4.3, point (f)(iii), of Annex V.

Or. en

Amendment 459

Proposal for a regulation

Article 62 – paragraph 1 – subparagraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For the purposes of point (d), of the first subparagraph, the Union spacecraft operator of the research spacecraft may request the Union collision avoidance space services provider referred to in Article 64(1) to assist in the delivery of its spacecraft ephemerides and covariances.For the purposes of point (d), of the first subparagraph, the Union spacecraft operator of the research spacecraft may request the collision avoidance space services providers referred to in Article 64(1) to assist in the delivery of its spacecraft ephemerides and covariances.

Or. en

Amendment 460

Proposal for a regulation

Article 62 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The exceptions referred to in paragraph 1 shall be assessed on a case-by-case basis, by taking into consideration the size and the weight of the spacecraft, and the duration and orbit of the mission.2. The exceptions referred to in paragraph 1 shall be assessed by the competent authority on a case-by-case basis, by taking into consideration the size and the weight of the spacecraft, and the duration and orbit of the mission.

Or. en

Amendment 461

Proposal for a regulation

Article 64 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Collision Avoidance (CA)Collision Avoidance

Or. en

Amendment 462

Proposal for a regulation

Article 64 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Union spacecraft operators shall subscribe to the CA space services provided by the collision avoidance space services provider in charge of the Space Surveillance and Tracking (SST) sub-component referred to in Article 58(2) of Regulation (EU) 2021/696 (‘Union CA space services provider’).1. Union spacecraft operators shall subscribe to the Collision Avoidance (CA) space services provider in charge of the Space Surveillance and Tracking (SST) sub-component referred to in Article 58(2) of Regulation (EU) 2021/696 (‘Union CA space services provider’) or to an equivalent CA space services provider.

Or. en

Amendment 463

Proposal for a regulation

Article 64 – paragraph 3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. During operation, Union spacecraft operators shall inform without delay the Union CA space services provider of any of the following:3. During operation, Union spacecraft operators shall inform without delay the CA space services providers of any of the following:

Or. en

Amendment 464

Proposal for a regulation

Article 64 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. Union spacecraft operators shall comply with the requirements laid down in point 2, of Annex IV, and shall cooperate with the Union CA space services provider, in accordance with the requirements therein.4. Union spacecraft operators shall comply with the requirements laid down in point 2, of Annex IV, and shall cooperate with the CA space services providers, in accordance with the requirements therein.

Or. en

Amendment 465

Proposal for a regulation

Article 64 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Upon receipt of a high interest event alert, Union spacecraft operators shall inform without delay the Union CA space services provider of all actions taken to avoid the collision, in accordance with point 2, of Annex IV.5. Upon receipt of a high interest event alert, Union spacecraft operators shall inform without delay the CA space services providers of all actions taken to avoid the collision, in accordance with point 2, of Annex IV.

Or. en

Amendment 466

Proposal for a regulation

Article 65 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Union spacecraft operators shall send the necessary data and information, such as positioning, state of the spacecraft, possibility to communicate, to enable a more accurate re-entry service to the Union CA space services provider referred to in Article 64(1), without prejudice to the transmission to the entity in charge of re-entry service in the Space Surveillance and Tracking (SST) sub-component referred to in Article 58(2) of Regulation (EU) 2021/696.1. At the time of re-entry, Union spacecraft operators shall send the necessary data and information, such as positioning, state of the spacecraft, and ability to communicate, to enable a more accurate re-entry service to the CA space services providers referred to in Article 64(1), without prejudice to the transmission to the entity in charge of re-entry service in the Space Surveillance and Tracking (SST) sub-component referred to in Article 58(2) of Regulation (EU) 2021/696.

Or. en

Amendment 467

Proposal for a regulation

Article 66 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Union spacecraft operators shall document available delta-v, propulsion performance, and attitude-control capabilities to verify that the spacecraft can respond to conjunction warnings within established timeframes.

Or. en

Amendment 468

Proposal for a regulation

Article 67 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Union spacecraft operators shall report to the Agency the contact details of their relevant staff in charge of collision avoidance and re-entry activities, for inscription by the Agency into the contact list database established in accordance with paragraph 1.2. Union spacecraft operators shall report to the Agency the contact details of their relevant staff in charge of collision avoidance and re-entry activities, for inscription by the Agency into the contact list database in accordance with Article 40(1), point (g).

Or. en

Amendment 469

Proposal for a regulation

Article 67 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The Agency shall share the contact list database with the Union collision avoidance space services provider referred to in Article 64(1).3. The Agency shall share the contact list database with the collision avoidance space services providers referred to in Article 64(1).

Or. en

Amendment 470

Proposal for a regulation

Article 69 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Before launch, Union spacecraft operators shall analyse the choice of orbit and shall give reasons for that choice.Before launch, Union spacecraft operators shall analyse the choice of orbit and shall give reasons for that choice. The Commission shall regularly inform Union spacecraft operators on the congestion of LEO, MEO and GEO.

Or. en

Amendment 471

Proposal for a regulation

Article 69 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The Commission shall, by means of implementing acts, develop:deleted
(a) specific methods of calculating the congestion of LEO, MEO and GEO;
(b) methods to calculate the selection of the orbit, on the basis of recognised and state of the art methods.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2).

Or. en

Amendment 472

Proposal for a regulation

Article 70 – paragraph 3 – subparagraph 1 – point b – point ii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ii) develop the design and manufacture requirements to limit the risk of fragmentation due to collision referred to in point 1.3, points (a) and (b), of Annex V;deleted

Or. en

Amendment 473

Proposal for a regulation

Article 70 – paragraph 3 – subparagraph 1 – point c – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(i) determining the threshold for the probability of successful disposal and the method for calculation referred to in point 3.1.2, of Annex V and point 3.1.3, of Annex V;(i) determining the method for calculation referred to in point 3.1.3, of Annex V;

Or. en

Amendment 474

Proposal for a regulation

Article 70 – paragraph 3 – subparagraph 1 – point c – point ii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ii) defining the maximum orbital lifetime in LEO before re-entry, referred to in point 3.4.2, of Annex V;deleted

Or. en

Amendment 475

Proposal for a regulation

Article 71 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Where a Union spacecraft operator wishes to extend a space mission, that Union spacecraft operator shall submit to the competent authority a request to extend a space mission, at the latest 3 months before the planned end of the concerned space mission.1. Where a Union spacecraft operator wishes to extend a space mission, that Union spacecraft operator shall submit to the competent authority a request to extend a space mission, at the latest 2 months before the planned end of the concerned space mission.

Or. en

Amendment 476

Proposal for a regulation

Article 71 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Competent authority shall approve the request for the extension of the space mission if the spacecraft still meets the requirements laid down in Annex V.3. Competent authority shall approve, within 1 month from the date of its receipt, the request for the extension of the space mission if the spacecraft still meets the requirements laid down in Annex V.

Or. en

Amendment 477

Proposal for a regulation

Article 72 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Union spacecraft operators shall establish a plan containing measures that are adequate to limit light and radio pollution in accordance with paragraph 2.1. Union spacecraft operators shall establish a plan containing measures that are adequate to limit light and radio pollution in accordance with this Article.
The plan shall include all the following elements:

Or. en

Amendment 478

Proposal for a regulation

Article 72 – paragraph 1 – point a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) a description of the technical and operational measures implemented by the Union spacecraft operator to reduce the visible brightness of the spacecraft and to minimise the impact of satellites on astronomical observations, including through low reflectivity coating or shielding;

Or. en

Amendment 479

Proposal for a regulation

Article 72 – paragraph 1 – point b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) a description of the technical and operational measures implemented by the Union spacecraft operator to limit disruptions for radio astronomy observatories and to minimise the impact of satellites on astronomical observations.

Or. en

Amendment 480

Proposal for a regulation

Article 72 – paragraph 2 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The visual magnitude for spacecraft during the entire lifetime, including the design requirements on low reflectivity coating or shielding, shall be at least 7 magnitude.deleted

Or. en

Amendment 481

Proposal for a regulation

Article 72 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The plan referred to in paragraph 1 shall include all of the following elements:deleted
(a) a description of the technical and operational measures implemented by the Union spacecraft operator to reduce the visible brightness of the spacecraft and to minimise the impact of satellites on astronomical observations;
(b) a description of the technical and operational measures implemented by the Union spacecraft operator to limit disruptions for radio astronomy observatories and to minimise the impact of satellites on astronomical observations.

Or. en

Amendment 482

Proposal for a regulation

Article 73 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Union spacecraft operators of a constellation, a mega-constellation or a giga-constellation shall:1. Union spacecraft operators of a constellation shall:

Or. en

Amendment 483

Proposal for a regulation

Article 73 – paragraph 1 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) ensure the safety in accordance with the requirements laid down in point 1, of Annex VI, as regards intra-constellation collision avoidance measures;deleted

Or. en

Amendment 484

Proposal for a regulation

Article 73 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Union spacecraft operators of a mega-constellation or a giga-constellation shall:2. Union spacecraft operators shall:

Or. en

Amendment 485

Proposal for a regulation

Article 73 – paragraph 2 – point a – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(i) the full constellation deployment’s impact on the orbit congestion;deleted

Or. en

Amendment 486

Proposal for a regulation

Article 73 – paragraph 2 – point a – point ii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ii) before choosing the orbit, existing constellations in orbit;(ii) before choosing the orbit, existing constellations and space objects in orbit;

Or. en

Amendment 487

Proposal for a regulation

Article 73 – paragraph 2 – point a – point iv

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(iv) the total number of collision avoidance manoeuvres expected during the lifetime of the satellite constellation.deleted

Or. en

Amendment 488

Proposal for a regulation

Article 73 – paragraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) ensure that the requested probability of successful disposal referred to in Article 70(1), point (c), is proportionate to the number of spacecraft;deleted

Or. en

Amendment 489

Proposal for a regulation

Article 73 – paragraph 2 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) ensure that the time spent in orbit after the end-of-life is lower compared to the one laid down in Annex V.deleted

Or. en

Amendment 490

Proposal for a regulation

Article 73 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Union space operators of a giga-constellation shall provide to the competent authority, during the spacecraft design and operation, a plan evidencing the availability of propellant necessary to tackle the high number of manoeuvres related to the anticipated number of required collision avoidance.deleted

Or. en

Amendment 491

Proposal for a regulation

Article 73 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The Commission shall, by means of implementing acts:deleted
(a) specify the risk of intra-constellation collision, in accordance with point 1.2, point (c), of Annex VI;
(b) limit light and radio pollution, in accordance with point 2.1, of Annex VI.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 114(2).

Or. en

Amendment 492

Proposal for a regulation

Article 74

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 74deleted
Applicability of product requirements
In their contracts concluded with supplier manufacturers, Union space operators shall ensure the conformity of contracted space objects or, as applicable, conformity of components, with the design and the manufacturing requirements as laid down in this Chapter.

Or. en

Amendment 493

Proposal for a regulation

Title IV – Chapter II – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
II RESILIENCE OF SPACE INFRASTRUCTURERESILIENCE

Or. en

Amendment 494

Proposal for a regulation

Title IV – Chapter II – Section 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1 GENERAL PROVISIONSdeleted
75 Relationship with NIS 2 and CER Directives
1. In relation to Union space operators qualifying as essential or important entities pursuant to Article 3 of Directive (EU) 2022/2555 with regard to space activities and space services covered by this Regulation, this Regulation shall be considered, as regards Article 21 of Directive (EU) 2022/2555, related to cybersecurity risk-management measures, a sector-specific Union legal act, for the purposes of Article 4 of that Directive.
2. Where Union space operators have been identified as critical entities in accordance with Directive (EU) 2022/2557, this Regulation shall apply in complementarity with Directive (EU) 2022/2557.
3. For the purposes of this Chapter, the competent authorities shall cooperate with the relevant authorities designated or established pursuant to Article 9(1) of Directive 2022/2557, as follows:
(a) in the context of supporting the risk assessments to be carried out under this Regulation, pursuant to Article 78(2), and the risk assessments to be carried out under Directive (EU) 2022/2557, pursuant to Article 12(2), second subparagraph, and to Article 13(2);
(b) whenever necessary for the purposes of ensuring consistency in the application of this Regulation and Directive (EU) 2022/2557, and of sharing information, including for the purposes referred to in Articles 11, 15, 18 and 21 of that Directive.

Or. en

Amendment 495

Proposal for a regulation

Title IV – Chapter II – Section 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 496

Proposal for a regulation

Article 76

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 497

Proposal for a regulation

Article 77

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 77deleted
Organisational aspects
1. The management body of a Union space operator shall oversee, be responsible and held liable for, the implementation of the risk management measures taken to ensure compliance with the requirements laid down in this Chapter.
2. Union space operators shall set up, revise and monitor internal mechanisms regarding the human resources security policy, to ensure that all personnel, understand and commit to security responsibilities, in line with roles and responsibilities. Union space operators shall set up human resources polices to ensure throughout the hiring and disciplinary processes any needed vetting and checks.

Or. en

Amendment 498

Proposal for a regulation

Article 78

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 78deleted
Risk assessments
1. Throughout the life cycle of space missions, Union space operators, shall:
(a) identify and assess, on a continuous basis, all sources of risks;
(b) regularly review the identified risks;
(c) identify cybersecurity and physical vulnerabilities and incidents and analyse, in view of the risk assessment referred to in paragraph 2, when such vulnerabilities cannot be fixed or mitigated immediately;
(d) establish dedicated risk treatment plans for all the cybersecurity vulnerabilities identified which create a risk above the level of risk referred to in Article 76(2), point (b).
2. Union space operators shall carry out risk assessments in accordance with point 1, of Annex VII.
3. The Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation by:
(a) establishing, for the purposes of the risk scenarios referred to in point 1.4, point (f), of Annex VII, the criteria for the identification of:
(i) critical assets, critical functions, critical operations and critical stages, throughout the lifecycle of space missions, for which Union space operators shall develop security risk scenarios;
(ii) critical assets and critical functions referred to in Article 79(1), first subparagraph, for which the entities applying a simplified risk management shall develop security risk scenarios;
(b) developing risk scenarios that are tailored to the risks addressed by Union space operators, and respectively entities applying a simplified risk management;
(c) establishing a minimal list of security objectives, including the risk levels to be taken into account;
(d) developing the criteria and the methodology to ensure the comparability of risk assessments, to facilitate the supervisory activities (‘supervisory reviews’) of competent authorities;
(e) develop threat modelling methods to support the risk assessments for different segments and systems of space infrastructure;
(f) develop risk treatment measures to be applied by the Union space operators.

Or. en

Amendment 499

Proposal for a regulation

Article 79

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 79deleted
Simplified risk management
1. Entities subject to the simplified risk management referred to in Article 10(3) shall apply the measures laid down in point 9, of Annex VII, only in relation to critical assets and critical functions, needed to address the risks of:
(a) loss of control of assets with propulsion;
(b) loss of control of assets with capacity to emit interferences susceptible to adversely impact the security of other space operations.
2. Competent authorities shall submit to the Agency the list of entities applying a simplified risk management.
3. The Agency shall report to the Commission annually on the application of the simplified risk management across the Union. The Agency may submit recommendations to facilitate supervisory convergence across the internal market.
The main findings of the reports referred to in the first subparagraph shall be tabled, as appropriate, on the agenda of the meetings of the EU Space Resilience Network established in accordance with Article 94(1).
4. To allow the provisions of this Regulation to be adapted to scientific and technical progress, based on the best available techniques, the Commission is empowered to adopt delegated acts in accordance with Article 113 to amend the requirements laid down in point 9, of Annex VII.

Or. en

Amendment 500

Proposal for a regulation

Article 80

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 80deleted
Identification and management of information and assets of space infrastructure
1. Union space operators shall establish, maintain and update comprehensive policies for the categorization and management of information and assets of space infrastructure.
2. Union space operators shall identify and document assets in accordance with point 2, of Annex VII, considering the risk assessments referred to in Article 78(2), and proportionately with the need to monitor and detect incidents referred to in Article 83.
3. Union space operators shall categorise information according to information security needs, based on, at least:
(a) the need to ensure the confidentiality, integrity, authenticity and availability of information;
(b) the level of criticality required by the security level of the respective space mission.
4. For the purposes of paragraphs 1, 2 and 3, Union space operators, and respectively entities applying a simplified risk management, as regards the critical assets and critical functions referred to in Article 79(1), first subparagraph, shall set up and maintain inventories.
The inventories referred to in first subparagraph shall be drawn-up by individual space mission, indicating the origin and the current physical location of assets, including the identification of a cloud-based service, when relevant. Inventories shall be up to date.

Or. en

Amendment 501

Proposal for a regulation

Article 81

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 81deleted
Management and control of access rights
1. Union space operators shall implement the management and control of access rights through identity and access management protocols.
2. The protocols referred to in paragraph 1 shall set-out the conditions and procedures for the logical and physical access rights to systems and assets, including for remote access.
3. The identity and access management protocols referred to in paragraph 1 shall:
(a) be capable of safeguarding accesses to the ground segment and to the centres for the control of the space segment;
(b) allow restriction of physical and logical access to all critical assets, critical information, critical functions, critical operations and, as appropriate, critical equipment or information identified in accordance with Article 80(2);
(c) be tailored to standard operations and to emergency situations, to enable effective and timely emergency responses upon the activation of the response and recovery plans referred to in Article 87.
4. When setting-out the conditions and procedures referred to in paragraph 2, Union space operators shall cover the issuance, the continuous management (including change, upgrade or downgrade), the revocation, termination, verification and the audit of logical and physical access rights for all authorised devices, processes, and users.
Those conditions and procedures shall be based on the principles of ‘need to know’ and ‘the least privilege’ (limitation to what is required for ensuring a legitimate and approved use or activity).
5. The identity and access rights referred to in paragraph 2 shall be revoked automatically when the authorizations of staff or devices expire or are no longer needed.
6. The identity and access management protocols referred to in paragraph 1 shall ensure adequate protection of information and assets identified in accordance with Article 80(2) from risks, including from damage, misuse or unauthorised access or usage.

Or. en

Amendment 502

Proposal for a regulation

Article 82

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 82deleted
Physical resilience
1. Union space operators shall take the measures laid down in point 3, of Annex VII, and any other measures that are necessary and adequate to ensure the resilience of the physical assets and which are at least equivalent to the technical, security and organisational measures referred to in Article 13 of Directive (EU) 2022/2557 to ensure the resilience of the ground segments.
2. Where Union space operators have been identified as critical entities in accordance with Directive (EU) 2022/2557, this Regulation shall apply without prejudice to, and in complementarity with, that Directive.
3. Union space operators shall define, protect and segregate areas that contain assets and information which are deemed sensitive or identified as critical, based on the identification carried out pursuant to Article 80(2).
4. The Commission is empowered to adopt delegated acts in accordance with Article 113, to amend the requirements laid down in point 3, of Annex VII, to adapt them to the scientific and technical progress, based on the best available techniques.

Or. en

Amendment 503

Proposal for a regulation

Article 83

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 83deleted
Detection and monitoring of incidents
1. Union space operators shall monitor on a continuous basis the occurrence of anomalies and incidents by using appropriate detection systems and mechanisms.
2. Union space operators, and respectively entities applying the simplified risk management, as regards the critical assets and critical functions referred to in Article 79(1), first subparagraph, shall ensure that the ground stations have access to detection systems and mechanisms that comply with at least the requirements laid down in point 4, of Annex VII.
3. The spacecraft and the ground segment shall be configured to generate and respectively receive, upon detection of an incident, a security event which shall be sent to a security monitoring subsystem. The security monitoring subsystem of the ground segment shall be, in terms of information technology, segregated from the rest of the infrastructure (logical segregation).
4. Union space operators shall ensure that the detection systems and mechanisms are regularly tested in accordance with Articles 88 and 89.
5. The Commission is empowered to adopt delegated acts in accordance with Article 113, to amend the list of requirements laid down in point 4, of Annex VII, to adapt them to the scientific and technical progress, based on the best available techniques.

Or. en

Amendment 504

Proposal for a regulation

Article 84

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 84deleted
Prevention and protection
1. Union space operators shall tailor the measures concerning the cybersecurity of the spacecraft and the ground segment adopted in accordance with this Chapter to the specific needs of the space mission and shall adequately cover the risks identified in the security risk assessment referred to in Article 78(2).
2. Union space operators shall ensure that the network and information systems fulfil the following conditions:
(a) they comply with the requirements laid down in point 5.1, of Annex VII;
(b) they are configured to allow the ground segment to supervise the telemetry/telecommand on ground and to supervise the state of the spacecraft;
(c) they enable Union space operators to maintain effective technical control of the space segment.
3. Union space operators, and respectively entities applying a simplified risk management, as regards the critical assets and critical functions referred to in Article 79(1), first subparagraph, shall ensure that only authorised devices communicate with the systems in charge of the control, command of a satellite, and configuration of the space mission.
They shall comply to that effect with at least the requirements laid down in point 5.2, of Annex VII and point 5.3, of Annex VII.
4. Union space operators shall implement preventive and protective measures that are necessary and adequate to ensure the resilience of space activities, by taking at least the measures regarding the ground segment which are laid down in point 5.4, of Annex VII.
5. The Commission is empowered to adopt delegated acts in accordance with Article 113 to amend the requirements laid down in point 5, of Annex VII, to adapt them to the scientific and technical progress, based on the best available techniques.

Or. en

Amendment 505

Proposal for a regulation

Article 85

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 85deleted
Cryptography and encryption
1. Based on the risk assessment referred to in Article 78(2), Union space operators, and respectively entities applying a simplified risk management, as regards the critical assets and critical functions referred to in Article 79(1), first subparagraph, shall comply with the following:
(a) they shall define a cryptographic concept to ensure the cybersecurity of the space missions, by duly considering all the relevant criteria, such as the objective of the space mission, the features of the payload, any functional requirement and any relevant threat scenarios;
(b) they shall select cryptographic mechanisms in accordance with the relevant standards and recommendations of competent authorities;
(c) they shall implement policies and procedures for the use of cryptography and encryption for their space missions.
2. Union space operators shall establish a lifecycle management policy for the cryptographic keys which shall set out rules for the protection and management of cryptographic key to ensure the secure generation, use, storage, distribution, and disposal thereof.
3. For the purposes of paragraph 1, first subparagraph, Union space operators shall implement at least the following requirements:
(a) end-to-end authentication of the links between the satellite control centres and the space segment, by using cryptographic mechanisms between the ground segment and the satellite;
(b) ensure the encryption of telecommands considering the risk assessments referred to in Article 78(2), and following recommendations from supervisory reviews;
(c) ensuring the availability of cryptographic keys and parameters that are necessary to ensure the implementation of the response and recovery plans referred to in Article 87, through redundant cryptographic equipment, or by implementing key escrowing.
4. The Commission is empowered, in accordance with Article 113, to adopt delegated acts to further supplement the use by Union space operators of cryptographic products and related key management products or services certified under the European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881, to ensure the protection of the telemetry and telecommands.

Or. en

Amendment 506

Proposal for a regulation

Article 86

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 86deleted
Backup management and redundancies
1. Union space operators and respectively entities applying a simplified risk management, as regards the critical assets and critical functions referred to in Article 79(1), first subparagraph, shall ensure a sound and comprehensive backup management policy to enable the restoration of the network and information systems, and to facilitate, with minimum downtime and limited disruption or loss recovery, the recovery processes and the retrieval of data, upon the activation of the response and disaster recovery measures.
That policy shall specify the data subject to the backup management, the frequency of backups, and the restoration and recovery procedures and methods used.
2. Union space operators shall ensure that the backup systems do not jeopardise the security of the network and information systems, or the confidentiality, integrity, authenticity, and availability of data.
3. Union space operators and respectively entities applying a simplified risk management, as regards the critical assets and critical functions referred to in Article 79(1), first subparagraph, shall ensure sufficient redundancies of relevant components of the network and information systems in the ground segment.
They shall in particular:
(a) ensure redundancies of elements, other than the components of the network and information systems, as necessary to safeguard the continuity of operations, for instance redundancies of power supply in the form of generators for secondary processing sites;
(b) ensure geographical splitting into distinct locations, as deemed appropriate, of redundant elements and of back-up;
(c) ensure an adequate survivability of the space segment, without intervention, to facilitate quick recovery from incidents, such as notably from cyber-attacks, disasters, failures, as well as from an accidental interruption of services.
4. The Commission is empowered to adopt delegated acts in accordance with Article 113, to specify further the requirements on backup needed to ensure adequate survivability of the space segment and to facilitate quick recovery from incidents in order to allow the provisions of this Regulation to be adapted to scientific and technical progress, based on the best available techniques.

Or. en

Amendment 507

Proposal for a regulation

Article 87

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 87deleted
Business continuity policy and response and recovery plans
1. As part of their risk management, Union space operators shall put in place and shall document incident and crisis management measures. The measures shall be structured into a business continuity policy which shall be implemented through tailored response and recovery plans.
2. The response and recovery plans referred to in paragraph 1 shall allow Union space operators to quickly and effectively respond to incidents and contain the adverse effects thereof.
3. The crisis management measures taken by Union space operators shall build on the measures established, within the space segment and the ground segment, including redundancies and backups, to mitigate in particular the following:
(a) natural disasters;
(b) operation accidents;
(c) disruptions in the supply of utilities, notably during the operation phases;
(d) loss of power generation, power failures and disturbances and changes of conditioning of the relevant equipment;
(e) loss of physical assets at the ground segment, including, for instance, loss of mission control centres, loss of satellite control centres, and loss of terrestrial interconnection between them;
(f) interferences on the ground-to-space, space-to-ground and the space-to-space radio frequency links;
(g) altered or compromised parts of the ground segment, including as regards the cryptographic keys.
When implementing the requirements set out in the first subparagraph, Union space operators shall take into consideration the need to maintain effective technical control of the space segment, and ensuring the continuity of services and minimising the areas of the unavailability of services.
4. Union space operators shall ensure that staff involved in carrying out business continuity measures and implementing response and recovery plans have acquired full and adequate trainings needed to fulfil their roles.

Or. en

Amendment 508

Proposal for a regulation

Article 88

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 88deleted
Testing
1. Union space operators shall establish, maintain and review a testing programme for the network and information systems, as an integral part of their risk-management.
2. The testing programme referred to in paragraph 1 shall include testing campaigns comprising all necessary tests, notably considering the risk assessment referred to in Article 78(2).
3. Union space operators shall ensure that, prior to launch, or in the case of satellites part of a constellation, prior to the launch of the first batch of satellites, and at least every 3 years afterwards, they carry out Threat Led Penetration Testing (TLPT).
The plan for testers carrying out a TLPT shall outline the scope and the methodology of the TLPT, the entity in charge of carrying out such test, the mitigation strategy for any risks which carrying out of a TLPT may entail.
Testers carrying out TLPT shall comply with the following requirements:
(a) they shall be of the highest suitability and reputability;
(b) they shall possess all technical and organisational capabilities and shall demonstrate specific expertise in penetration testing;
(c) they shall provide an independent assurance or an audit report;
(d) they shall present a redress plan to address the identified risks.
Testers that are external to the corporate structure of the Union space operators shall be certified by an accreditation body of a Member State or shall adhere to formal codes of conduct or ethical frameworks. They shall be fully covered by a relevant professional indemnity insurance against risks of misconduct and negligence.
Union space operators shall monitor system failures and anomalies observed during the testing processes and evaluate their criticality.

Or. en

Amendment 509

Proposal for a regulation

Article 89

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 89deleted
Learning and training
1. Union space operators shall provide their staff with appropriate training, in accordance with paragraphs 2, 3, 4, 5 and 6.
2. All staff of Union space operators shall be adequately and continuously trained and shall follow the trainings referred to in point 7.1, of Annex VII.
3. Union space operators shall ensure that all staff receive tailored trainings in accordance with point 7.2, of Annex VII.
4. All security personnel working for the Union space operators shall have the required security skills and shall be adequately trained.
5. Staff of Union space operators operating in sensitive environments or handling sensitive equipment or data shall be regularly trained on the best methods and practices to carrying out such tasks.
6. Union space operators shall incorporate the lessons learned from the handling of incidents by updating business continuity plans, training sessions and staff testing programmes.

Or. en

Amendment 510

Proposal for a regulation

Article 90

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 90deleted
Crisis communication and disclosure policy
1. Union space operators shall put in place a crisis communication strategy which shall enable responsible disclosure of significant incidents and shall be targeted to, and tailored for, each of the following categories:
(a) staff involved in the execution of risk management tasks, notably response and response and recovery measures;
(b) staff, other than that staff referred to in point (a), to the extent that communication to such staff is deemed appropriate for ensuring general corporate awareness, based on the need-to-know principle;
(c) clients, to alert them of, and raise awareness of, significant cyber threats;
(d) in the case of satellites hosting third-party payloads, where an incident has adverse impact on the satellite platform operations, the concerned third-party entity, according to a pre-defined agreement and following instructions set out in its response and disaster recovery plan.
2. At least one person in the corporate structure of Union space operators shall be responsible of the implementation of the communication strategy referred to in paragraph 1 and shall fulfil the function of media officer.

Or. en

Amendment 511

Proposal for a regulation

Article 91

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 91deleted
Handling of incidents
1. Union space operators shall establish and implement an incident management process that allows them to promptly detect, identify, handle and respond to incidents and to report significant incidents in accordance with Article 93.
Union space operators shall set up roles and responsibilities in relation to the different types of incidents which shall be adapted to the different risk scenarios.
2. Union space operators shall ensure that at least the significant incidents are reported to the senior risk management staff immediately.
The management body shall receive, on a regular basis, to be determined by the chief information security officer, the security manager or the senior risk management officer, sufficient information about the significant incident, an assessment of their impact, information about the response and recovery measures which have been taken and any additional controls and procedures to be established in the follow-up of that significant incident.
3. When a satellite hosts third-party payloads, and an incident has adverse impact on the satellite platform operations, Union space operators shall inform the concerned third-party entity and shall follow the instructions set out in the pre-defined agreements referred to in the second subparagraph and those set out in the response and disaster recovery plans.
For those purposes of ensuring speed and effective handling of incidents, Union space operators shall conclude agreements with third-party entities for which a satellite host a payload.
4. Union space operators shall address the root causes of incidents to prevent the occurrence of future incidents.

Or. en

Amendment 512

Proposal for a regulation

Article 92

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 92deleted
Supply chain risk management
1. Union space operators shall establish a supply chain risk management framework. Their contracts with supplier manufacturers and service providers shall contain supply-chain security-related aspects in particular on information security requirements.
2. Union space operators shall base their supply chain risk management on a strategy to reduce risks in the supply chain which shall include at least the measures referred to in point 6, of Annex VII.
3. Union space operators shall establish an inventory of at least the critical assets of non-Union origin, which, considering the risk assessment referred to in Article 78(2), are needed to maintain an effective technical control of the space mission, such as the orbital control, with a view to supporting the analysis of the level of dependence of the space missions of the respective assets.
4. To allow the provisions of this Regulation to be adapted to scientific and technical progress, based on the best available techniques, the Commission is empowered to adopt delegated acts in accordance with Article 113, to amend the list of requirements laid down in point 6, of Annex VII.

Or. en

Amendment 513

Proposal for a regulation

Article 93 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Without prejudice to paragraph 3, Union space operators shall report to the competent authorities referred to in Article 28(1) the significant incidents affecting the assets referred to in Article 5, first paragraph, point (21). The competent authorities referred to in Article 28(1) shall in turn transmit a summary of each reported incident to the Agency.2. Union space operators shall report to the competent authorities referred to in Article 28(1) the significant incidents affecting the governmental and non-governmental assets. The competent authorities referred to in Article 28(1) shall in turn transmit a summary of each reported incident to the Agency.

Or. en

Amendment 514

Proposal for a regulation

Article 93 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Where Union space operators qualify as essential or important entities pursuant to Annexes I or II of Directive (EU) 2022/2555, the reporting referred to in paragraph 2, shall be carried out through the CSIRTs, established pursuant to Article 10 (1) of Directive 2022/2555 or, where applicable, the competent authority, established pursuant to Article 8(1) of Directive 2022/2555, which shall, without delay, transmit all the relevant reported information to the competent authorities referred to in Article 28(1), including any technical support and feedback that such CSIRTs or authorities provided to space operators pursuant to Articles 23 of that Directive.deleted
Where Union space operators have been identified as critical entities pursuant to Directive (EU) 2022/2557, Member States shall determine whether the reporting referred to in the first subparagraph shall be carried out by the Union space operators directly to the competent authorities referred to in Article 28(1), or to the authorities referred to in Article 15 of that Directive or by other means.
The provisions of paragraph 7 shall in that case apply accordingly as regards the information to be transmitted.

Or. en

Amendment 515

Proposal for a regulation

Article 93 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. For Union space operators qualifying as essential or important entities pursuant to Annexes I or II of Directive (EU) 2022/2555, or which are identified as critical entities pursuant to Directive (EU) 2022/2557, respectively, the reporting requirement referred to in paragraphs 2 and 3 shall be without prejudice to the reporting obligations provided for in Article 23 of Directive (EU) 2022/2555 or the notification obligations provided for in Article 15(1) and (2) of Directive (EU) 2022/2557, respectively.deleted

Or. en

Amendment 516

Proposal for a regulation

Article 93 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6. An incident shall be considered significant if:deleted
(a) it has caused or can cause a severe operational disruption of space activities carried out by Union space operators, or of services provided, or considerable financial loss for the Union space operators concerned;
(b) it has an impact on, or can impact, other natural or legal persons by causing considerable material or non-material damage.

Or. en

Amendment 517

Proposal for a regulation

Article 93 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. Union space operators shall submit to the Agency, as regards the requirement referred to in paragraph 1, and respectively to the competent authorities, as regards the requirement referred to in paragraph 2, the following information:deleted
(a) without undue delay, and in any event within 12 hours of becoming aware of the significant incident, as regards the Union-owned assets, and within 24 hours for assets referred to in Article 5, first paragraph, point (21), respectively, an early warning which shall indicate whether the significant incident may have been caused by unlawful or malicious acts, or if it could have a cross-border impact;
(b) without undue delay, and in any event within 72 hours of becoming aware of the significant incident, a report, which shall update the information referred to in point (a), and shall provide an initial assessment of the significant incident, including its severity and impact, as well as, where available, the indicators of compromise;
(c) upon the request of the competent authority, or as applicable, of the Agency, an intermediate report with relevant status updates;
(d) a final report, not later than 1 month after the submission of the report referred to in point (b), including the following:
(i) a detailed description of the significant incident, including its severity and impact;
(ii) the type of threat or the root cause that is likely to have triggered that significant incident;
(iii) the applied and ongoing mitigation measures;
(iv) as applicable, the cross-border impact of the significant incident;
(e) if a significant incident is still ongoing at the time of the submission of the final report referred to in point (d), a progress report at that time, as well as a final report within 1 month from the date of the handling the significant incident.
The Commission is empowered to adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the criteria to determine what constitutes a severe operational disruption of space activities, or of services provided by a Union space operator, as referred to in paragraph 6, point (a), including the relevant materiality thresholds.

Or. en

Amendment 518

Proposal for a regulation

Article 93 – paragraph 8

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8. The Commission is empowered to adopt implementing acts, in accordance with the examination procedure referred to in Article 114(2), to specify in further detail the content of the information to be reported pursuant to paragraph 7, and to lay down the templates and procedures for the reporting of that information.deleted

Or. en

Amendment 519

Proposal for a regulation

Article 94 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The Union Space Resilience Network (‘EUSRN’) is established to support coordination and exchanges between the Agency and the competent authorities in fulfilling their respective mandates as regards Union-owned assets and respectively the assets referred to in Article 5, first paragraph, point (21).1. The Union Space Resilience Network (‘EUSRN’) is established to support coordination and exchanges between the Agency and the competent authorities in fulfilling their respective mandates as regards Union-owned assets and respectively governmental and non-governmental assets.

Or. en

Amendment 520

Proposal for a regulation

Article 94 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) to prevent, as regards significant incidents affecting the assets referred to in Article 5, first paragraph, point (21), adverse impacts in the functioning of the Union Space Programme referred to in Article 1 of Regulation (EU) 2021/696, as well as to promote, for that purpose, the necessary coordination and to support the adoption, by the Commission and the Agency, of measures needed to mitigate such adverse impacts, under the mandates conferred by Articles 28, 29 and 34 of Regulation (EU) 2021/696, with a view to fulfil the objectives laid down in Article 4(1), point (c), of that Regulation;(b) to prevent, as regards significant incidents affecting governmental and non-governmental assets, adverse impacts in the functioning of the Union Space Programme referred to in Article 1 of Regulation (EU) 2021/696, as well as to promote, for that purpose, the necessary coordination and to support the adoption, by the Commission and the Agency, of measures needed to mitigate such adverse impacts, under the mandates conferred by Articles 28, 29 and 34 of Regulation (EU) 2021/696, with a view to fulfil the objectives laid down in Article 4(1), point (c), of that Regulation;

Or. en

Amendment 521

Proposal for a regulation

Title IV – Chapter II – Section 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 522

Proposal for a regulation

Title IV – Chapter III – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
III ENVIRONMENTAL SUSTAINABILITY OF SPACE ACTIVITIESENVIRONMENTAL SUSTAINABILITY

Or. en

Amendment 523

Proposal for a regulation

Article 96 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Sustainability shall cover sustainability in space and sustainability on Earth (environmental sustainability).1. Environmental sustainability shall cover sustainability on Earth and sustainability in space.

Or. en

Amendment 524

Proposal for a regulation

Article 96 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Union space operators, except for those referred to in Article 10(4), shall calculate the EF of the space activities they carry out.2. Union space operators shall estimate the Environmental Footprint (EF) of the space activities they carry out in accordance with Article 97.

Or. en

Amendment 525

Proposal for a regulation

Article 96 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. Union space operators shall by contract require their suppliers to provide all data needed by Union space operators to meet the obligation referred to in paragraph 2.3. Union space operators shall by contract require their suppliers to provide, to the extent possible, data needed by Union space operators to meet the obligation referred to in paragraph 2. They shall not require suppliers to disclose confidential or proprietary information beyond what is necessary for the assessment of the environmental footprint. Where such suppliers qualify as small-sized enterprises or research and educational institutions, they shall be exempted from data gathering as referred to in this paragraph.

Or. en

Amendment 526

Proposal for a regulation

Article 96 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. The EFD shall attest that the Union space operators have calculated, in accordance with Article 97, the EF of the space activities they intend to carry out.5. The EFD shall attest that the Union space operators have estimated, in accordance with Article 97, the EF of the space activities they intend to carry out.

Or. en

Amendment 527

Proposal for a regulation

Article 96 – paragraph 5 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5a. The EFD referred to in paragraph 4 shall contain the following information:
(a) the updated contact details of the Union Space operator;
(b) information about the type of space activities that are planned to be carried out.

Or. en

Amendment 528

Proposal for a regulation

Article 96 – paragraph 6 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) an EF certificate which shall be delivered in accordance with Article 98(2);deleted

Or. en

Amendment 529

Proposal for a regulation

Article 96 – paragraph 6 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) the aggregated and disaggregated datasets on the basis of the EF which has been calculated in accordance with paragraph 2;(c) the specific aggregated datasets on the basis of the EF which has been estimated in accordance with paragraph 2;

Or. en

Amendment 530

Proposal for a regulation

Article 96 – paragraph 6 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) the proof of transmission of the aggregated and disaggregated datasets to the Commission, in accordance with Article 99(1), first subparagraph.(d) the proof of transmission of the aggregated datasets to the Commission, in accordance with Article 99(1), first subparagraph.

Or. en

Amendment 531

Proposal for a regulation

Article 96 – paragraph 7 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The EFD shall contain the following information:deleted
(a) the name, the registered trade name or registered trademark of the Union space operators, their postal address and electronic means of communication;
(b) information about the type of space activities that are planned to be carried out and the type of products, substances or materials to which the EFD applies;
(c) the proof that the EF that has been calculated and verified in accordance with the calculation and verification rules laid down in the implemented act adopted pursuant to Article 97(4);
(d) the EF performance class to which the spacecraft belongs to, in accordance with the rules laid down in the implemented act adopted pursuant to Article 97(4);

Or. en

Amendment 532

Proposal for a regulation

Article 96 – paragraph 7 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission is empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 114(2), to lay down the templates and content for the information to be reported pursuant to the paragraph 6, first subparagraph.The Commission is empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 114(2), to lay down the templates to be reported pursuant to the paragraph 6, first subparagraph.

Or. en

Amendment 533

Proposal for a regulation

Article 96 – paragraph 8

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
8. Until 31 December 2031 the following Union space operators shall be exempt from the obligations laid down in Articles 96, 97, 98, 99 and 100:deleted
(a) small-sized enterprises;
(b) research and education institutions.

Or. en

Amendment 534

Proposal for a regulation

Article 96 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article96a
Light regime for environmental sustainability
1. Within the first 60 months of the entry into force of this Regulation, the following Union space operators shall be exempt from the obligations laid down in Articles 96, 97, 99 and 100:
(a) small mid-caps;
(b) small and medium-sized enterprises;
(c) research and education institutions.
2. In-Orbit Demonstration and Validation (IOD/IOV) space activities or ISOS space missions carried out by Union spacecraft operators that are research and education institutions or small and medium-sized enterprises or small mid-caps, shall be exempted from the obligations laid down in Articles 96, 97, 99 and 100.

Or. en

Amendment 535

Proposal for a regulation

Article 97 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
EF calculation and verification of the space activitiesEF estimation of the space activities

Or. en

Amendment 536

Proposal for a regulation

Article 97 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The EF of space activities shall cover the space missions carried out in any of the Earth orbits including graveyard orbits.1. The EF of space activities shall cover the space activities carried out on Earth and in any of the Earth orbits.

Or. en

Amendment 537

Proposal for a regulation

Article 97 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The calculation referred to in Article 96(2) shall cover all the activities carried out throughout the lifecycle of a space mission, including during initial stages, such as design and development, during the manufacturing phase, the operation phases and the end of life stages.2. The estimation of the EF shall cover to the extent possible all the activities carried out throughout the lifecycle of a space activity, including during initial stages, such as design and development, during the manufacturing phase, the operation phases and the end of life stages.

Or. en

Amendment 538

Proposal for a regulation

Article 97 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The Commission is empowered to adopt implementing acts, in accordance with the examination procedure referred to in Article 114(2), to specify the method of calculation and verification of the EF of space activities, by taking into account scientifically sound assessment methods and the relevant international standards aligned with the Commission Recommendation (EU) 2021/227918 . Those implementing acts shall be reviewed to take into account scientific and technological developments and adapt to technological progress.4. The Commission is empowered to adopt implementing acts, in accordance with the examination procedure referred to in Article 114(2), to specify the method of estimation of the EF of space activities, by integrating existing life-cycle assessment methods currently applied in the space sector and, to the extent possible, aligned with the Commission Recommendation (EU) 2021/227918 . Those implementing acts shall be reviewed to take into account scientific and technological developments and adapt to technological progress.
18 (18)Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1, ELI: http://data.europa.eu/eli/reco/2021/2279/oj).18 (18)Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1, ELI: http://data.europa.eu/eli/reco/2021/2279/oj).

Or. en

Amendment 539

Proposal for a regulation

Article 98

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 98deleted
EF certificate
1. When applying for authorisation, pursuant to Article 7(1), an applicant shall be in possession of a certificate attesting that the EF of their foreseen space activities has been calculated in accordance with the requirements laid down in Article 96(2).
2. The certificate referred to in paragraph 1 shall be delivered by a qualified technical body for space activities carrying technical assessment, including verification and validation, for the purposes of Articles 96, 97, 98, 99 and 100.

Or. en

Amendment 540

Proposal for a regulation

Article 99 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Before applying for authorisation, in accordance with Article 7(1), applicants shall transmit the aggregated and disaggregated datasets referred to in Article 96(6), point (c), to the Commission.Before applying for authorisation, in accordance with Article 7(1), applicants shall transmit the specific aggregated datasets collected for the EF referred to in Article 96(6), subparagraph 1, point (c), to the Commission.

Or. en

Amendment 541

Proposal for a regulation

Article 99 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Within 2 weeks from the date of the notification to third country space operators and international organisations of the decision of their registration in URSO, the Agency shall transmit to the Commission for integration into the Union database storing EF-related data, the aggregated and disaggregated datasets referred to in Article 96(6), point (c), which those space services providers have submitted, pursuant to Article 15(1), first subparagraph, or to Article 15(2), in their application for registration in URSO.deleted
The Commission shall issue a proof of receipt.

Or. en

Amendment 542

Proposal for a regulation

Article 99 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The Commission shall ensure the confidentiality of the data that is included in the disaggregated datasets.deleted

Or. en

Amendment 543

Proposal for a regulation

Article 99 – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4a. The Commission shall ensure that data requirements do not oblige suppliers or operators to disclose confidential data, intellectual property or sensitive design details.

Or. en

Amendment 544

Proposal for a regulation

Article 100 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The Commission shall make use of the disaggregated datasets referred to in Article 99, exclusively for the purposes of informing policymaking activities, of providing regulatory updates, and for the creation of derived datasets.1. The Commission shall make use of the aggregated datasets referred to in Article 99, exclusively for the purposes of informing policymaking activities, of providing regulatory updates, and for the creation of derived datasets.

Or. en

Amendment 545

Proposal for a regulation

Article 100 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Union space operators, third country space operators and international organisations shall retain full ownership of the data included in the aggregated and disaggregated datasets transmitted pursuant to Article 99.2. Union space operators, third country space operators and international organisations shall retain full ownership of the data included in the aggregated datasets transmitted pursuant to Article 99 and shall have the right to review the use of their datasets and reserve the right to retain or transfer ownership rights to the Commission

Or. en

Amendment 546

Proposal for a regulation

Article 100 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The Union shall acquire exclusive worldwide ownership of intellectual property rights related to the derived datasets which have been created on the basis of the disaggregated datasets referred to in paragraph 1.deleted

Or. en

Amendment 547

Proposal for a regulation

Article 101 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Union space operators carrying out ISOS shall comply with the requirements laid down in this Article and Annex VIII from 1 January 2034.1. Union space operators providing or receiving ISOS shall comply with the requirements laid down in this Article and Annex VIII 48 months from the date of application of this Regulation.

Or. en

Amendment 548

Proposal for a regulation

Article 101 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. For Union owned assets, spacecraft above the mini-satellite class that are operated by Union space operators shall possess a minimal technical capacity to receiving in-space services.2. For Union owned assets, spacecraft with a weight of at least 600kg that are operated by Union space operators shall possess a minimal technical capacity to receiving in-space services and be equipped with dedicated Spacecraft Service Interfaces (SSI).

Or. en

Amendment 549

Proposal for a regulation

Article 101 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. For the purposes of ensuring the minimal technical capacity referred to in paragraph 2, a client spacecraft operated by Union space operators shall be equipped with dedicated Spacecraft Service Interfaces (SSI).deleted

Or. en

Amendment 550

Proposal for a regulation

Article 101 – paragraph 4 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The Commission is empowered to adopt delegated acts in accordance with Article 113 to further supplement this Regulation by specifying:4. The Commission is empowered to adopt delegated acts in accordance with Article 113 to further supplement this Regulation taking into account European and International standards or methods existing or under development by specifying:

Or. en

Amendment 551

Proposal for a regulation

Article 101 – paragraph 5 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall, by means of implementing acts, lay down:The Commission shall, by means of implementing acts, taking into account European and International standards or methods existing or under development, lay down:

Or. en

Amendment 552

Proposal for a regulation

Article 102 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. A competent authority may request the Union collision avoidance space services provider referred to in Article 64(1) to provide it with up-to-date information about its spacecraft, in the context of the annual reporting or of specific investigations carried out on Union spacecraft operators.1. A competent authority may request the collision avoidance space services providers referred to in Article 64(1) to provide it with up-to-date information about its spacecraft, in the context of the annual reporting or of specific investigations carried out on Union spacecraft operators.

Or. en

Amendment 553

Proposal for a regulation

Article 102 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Upon receipt of such request, the Union collision avoidance space services provider referred to in Article 64(1) shall report to the competent authority on whether:2. Upon receipt of such request, the collision avoidance space services providers referred to in Article 64(1) shall report to the competent authority on whether:

Or. en

Amendment 554

Proposal for a regulation

Article 103 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Conditions for collision avoidance manoeuvres in case of HIEConditions for collision avoidance manoeuvres in case of High Interest Event

Or. en

Amendment 555

Proposal for a regulation

Article 103 – paragraph 6 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
6a. Union spacecraft operators shall take into account relevant space radiation monitoring data and space weather alerts when responding to High Interest Event alerts, particularly where elevated radiation levels may impair manoeuvrability or tracking accuracy.

Or. en

Amendment 556

Proposal for a regulation

Article 104 – paragraph 1 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall, in accordance with Article 10(1) of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft standards in relation to the following essential requirements:The Commission may rely on existing generally recognised space requirements or, in accordance with Article 10(1) of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft standards in relation to the requirements laid down in Article 72(2), first subparagraph, for the purposes of demonstrating compliance with Article 72(1).

Or. en

Amendment 557

Proposal for a regulation

Article 104 – paragraph 1 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the requirements laid down in Article 72(2), first subparagraph, for the purposes of demonstrating compliance with Article 72(1);deleted

Or. en

Amendment 558

Proposal for a regulation

Article 104 – paragraph 1 – subparagraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the requirements laid down in Article 25(5), first subparagraph, for the purposes of demonstrating compliance with Article 25(2).deleted

Or. en

Amendment 559

Proposal for a regulation

Article 104 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
When preparing the standardisation requests referred to in the first subparagraph, the Commission may take into account existing European or international standards in place or under development, to simplify the development of standards, in accordance with Regulation (EU) No 1025/2012.When preparing the standardisation requests referred to in the first subparagraph, the Commission shall take into account existing European or international standards in place or under development, to simplify the development of standards, in accordance with Regulation (EU) No 1025/2012.

Or. en

Amendment 560

Proposal for a regulation

Article 104 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Where the conditions referred to in paragraph 3 are fulfilled, the Commission shall adopt implementing acts establishing common specifications covering the technical requirements which provide the means to comply with the essential requirements referred to in paragraph 1, first subparagraph.2. Where the conditions referred to in paragraph 3 are fulfilled, the Commission may adopt implementing acts establishing common specifications covering the technical requirements which provide the means to comply with the essential requirements referred to in paragraph 1, first subparagraph.

Or. en

Amendment 561

Proposal for a regulation

Article 104 – paragraph 3 – subparagraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The implementing acts referred to in paragraph 2 shall be adopted in any of the following cases where the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a standard for the essential requirements referred to in paragraph 1, first subparagraph, and one of the following situations occurs:The implementing acts referred to in paragraph 2 shall be adopted in any of the following cases where the Commission either acknowledged the existence of generally recognised space requirements or requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a standard for the essential requirements referred to in paragraph 1, first subparagraph, and one of the following situations occurs:

Or. en

Amendment 562

Proposal for a regulation

Article 104 – paragraph 3 – subparagraph 1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) requirements are not covered by harmonised standards, or parts thereof, the references of which have been published in the Official Journal of the European Union;(a) requirements are not covered by existing generally recognised space requirements or standards, or parts thereof, the references of which have been published in the Official Journal of the European Union;

Or. en

Amendment 563

Proposal for a regulation

Title V

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
V EQUIVALENCE DECISIONS, INTERNATIONAL AGREEMENTS AND REGIMES FOR INTERNATIONAL ORGANISATIONSEQUIVALENCE DECISIONS, INTERNATIONAL AGREEMENTS AND RELATIONS WITH INTERNATIONAL ORGANISATIONS

Or. en

Amendment 564

Proposal for a regulation

Article 105 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The Commission may adopt, on the basis of a detailed assessment, an equivalence decision, by means of implementing acts, in accordance with Article 114(2), stating that the legal and supervisory framework of a third country ensures that the third country space operators established in that third country comply with legally binding requirements that are equivalent to the requirements laid down in this Regulation and are subject to an effective supervision and enforcement in that third country.1. The Commission may adopt, on the basis of a detailed assessment, submitted to the European Parliament and the Council immediately after its adoption, an equivalence decision, by means of implementing acts, in accordance with Article 114(2), stating that the legal and supervisory framework of a third country ensures that the space activities of the third country space operators established in that third country comply, in full or partially, with legally binding requirements that are equivalent to the requirements laid down in this Regulation and are subject to an effective supervision and enforcement in that third country.

Or. en

Amendment 565

Proposal for a regulation

Article 105 – paragraph 3 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission may attach specific conditions to the equivalence decisions, such as where the scale and scope of the space-based data or the space services provided by third country space operators are likely to be of strategic importance for the Union, or to ensure that the Commission, the Agency and the competent authorities have the necessary tools to prevent regulatory arbitrage.The Commission may attach specific conditions to the equivalence decisions, such as where the scale and scope of the space-based data or the space services provided by third country space operators are likely to be of strategic importance for the Union, to ensure equal market access of Union space operators, or to ensure that the Commission, the Agency and the competent authorities have the necessary tools to prevent regulatory arbitrage. Any conditions attached shall be technology-neutral, proportionate, and avoid duplicative obligations.
The equivalence decision shall be granted for a period of at least five years from the entry into force of the decision and subject for a renewal after the assessment to be carried out by the Commission.
The assessment shall be carried out after three years of the implementation of the equivalence decision and shall address the conditions set in paragraph 2. The assessment shall equally explore whether the conditions for mutual recognition between the Union and the third country are met.

Or. en

Amendment 566

Proposal for a regulation

Article 105 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The Commission shall inform the European Parliament and the Council annually of the equivalence decisions which have been taken or withdrawn by the Commission in the reporting year.4. The Commission shall inform immediately the European Parliament and the Council of the equivalence decisions which have been taken or withdrawn by the Commission.

Or. en

Amendment 567

Proposal for a regulation

Article 105 – paragraph 5 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Agency shall establish cooperation arrangements with the relevant competent authorities of third countries whose legal and supervisory frameworks have been recognised as equivalent in accordance with paragraph 1.The Commission shall establish cooperation arrangements with the relevant competent authorities of third countries whose legal and supervisory frameworks have been recognised as equivalent in accordance with paragraph 1.

Or. en

Amendment 568

Proposal for a regulation

Article 105 – paragraph 5 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the mechanisms for the exchange of information between the Agency, and the relevant supervisory authorities of the third countries concerned, including access to all information regarding the third country space operators authorised in the third countries, which are requested by the Agency;(a) the mechanisms for the exchange of information between the Commission, the Agency, and the relevant supervisory authorities of the third countries concerned, including access to all information regarding the third country space operators authorised in the third countries, which are requested by the Agency;

Or. en

Amendment 569

Proposal for a regulation

Article 105 – paragraph 5 – subparagraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) the procedures concerning the coordination of activities, including investigation and on-site inspections that the Agency may carry out, in cooperation with the competent authorities of Member States, having duly informed the competent authority of the third country thereof.(c) the procedures concerning the coordination of activities, including investigation and on-site inspections that the Commission may carry out, in cooperation with the competent authorities of relevant Member States, having duly informed the competent authority of the third country thereof and having received no objection thereto.

Or. en

Amendment 570

Proposal for a regulation

Article 105 – paragraph 6 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall, in cooperation with the Agency, monitor whether the legal and supervisory framework of a third country continues to be equivalent with the requirements laid down in this Regulation.The Commission shall monitor on a regular basis whether the legal and supervisory framework of a third country continues to be equivalent with the requirements laid down in this Regulation.

Or. en

Amendment 571

Proposal for a regulation

Article 105 – paragraph 6 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Where the legal and supervisory framework of a third country ceases to be equivalent, the Commission shall repeal the equivalence decision concerned.Where the legal and supervisory framework of a third country ceases to be equivalent, the Commission shall conduct a detailed assessment and adapt or repeal the equivalence decision concerned.

Or. en

Amendment 572

Proposal for a regulation

Article 107 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Regimes applicable to international organisationsRelations with international organisations

Or. en

Amendment 573

Proposal for a regulation

Article 107 – paragraph 1 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Those contribution agreements shall set out the conditions and the practical and operational arrangements for the control of the application by that international organisation of the requirements laid down in Title IV.Those contribution agreements shall set out the conditions, responsibilities and the practical and operational arrangements for the control of the application by that international organisation of the requirements laid down in Title IV.

Or. en

Amendment 574

Proposal for a regulation

Article 107 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Where an international organisation operates the assets referred to in Article 5, first paragraph, point (21), Member States shall ensure the compliance of that international organisation with the requirements laid down in Title IV, in the context of the authorisations referred to in Article 6(1).2. Where an international organisation operates governmental or non-governmental space assets, Member States shall ensure the compliance of that international organisation with the requirements laid down in Title IV, in the context of the authorisations referred to in Article 6(1).

Or. en

Amendment 575

Proposal for a regulation

Article 108 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. The Union shall endeavour to conclude an agreement with the European Space Agency (ESA) to advance the objectives pursued by this Regulation and to strengthen the cooperation between the Union and ESA.1. The Union shall conclude an agreement with the European Space Agency (ESA) on the basis of Article 218 TFEU to advance the objectives pursued by this Regulation and to strengthen the cooperation between the Union and ESA.

Or. en

Amendment 576

Proposal for a regulation

Article 108 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The agreement referred to in paragraph 1 shall set forth the conditions for the implementation by ESA of the requirements laid down in Title IV, and the practical and operational arrangements for ensuring the control of the application of such requirements, and in particular:2. The agreement shall set forth the conditions for the implementation by ESA of the requirements laid down in Title IV, and the practical and operational arrangements for ensuring the control of the application of such requirements, and in particular:

Or. en

Amendment 577

Proposal for a regulation

Article 108 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) where ESA is not the operator of the Union-owned assets, the arrangements needed for ESA to carry out the technical assessment allowing the Commission to assess the compliance of the Union space operator of Union-owned space assets, with the requirements laid down in the Regulation, with a view to issuing the authorisation and carrying out the ongoing supervision referred to in Article 11(1), first subparagraph;(a) where ESA is not the operator of the Union-owned assets, the arrangements needed for ESA to carry out the technical assessment allowing the Commission to assess the compliance of the Union space operator of Union-owned assets, with the requirements laid down in the Regulation, with a view to issuing the authorisation and carrying out the ongoing supervision referred to in Article 11(1), first subparagraph;

Or. en

Amendment 578

Proposal for a regulation

Article 108 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) where Union-owned assets are either operated or owned by ESA, the needed arrangements and conditions for allowing the technical assessment activities and the tasks of authorisation and supervision;(b) where Union-owned assets are operated by ESA, the needed arrangements and conditions for allowing the technical assessment activities and the tasks of authorisation and supervision;

Or. en

Amendment 579

Proposal for a regulation

Article 108 – paragraph 2 – point b a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ba) set out the possible modalities for ESA to support the implementation of this Regulation;

Or. en

Amendment 580

Proposal for a regulation

Article 108 – paragraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) any support which may be provided by ESA regarding the technical specifications needed for standardisation, under the supervision of the Commission, while taking into account the existing international technical standards for space activities.(c) any support which may be provided by ESA regarding the technical specifications needed for standardisation, in cooperation with the Commission, while taking into account the existing international technical standards for space activities.

Or. en

Amendment 581

Proposal for a regulation

Article 109 – paragraph 1 – point a – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) developing, in close cooperation with the Agency and ENISA, as appropriate, guidance materials, methodologies and best practices on the following:(a) developing, in close cooperation with the Agency, ENISA and ESA, as appropriate, guidance materials, methodologies and best practices on the following:

Or. en

Amendment 582

Proposal for a regulation

Article 109 – paragraph 1 – point a – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(i) the use, in the context of public procurement procedures carried out at national level, of Union Space Safety Labels issued in accordance to Article 112(4);deleted

Or. en

Amendment 583

Proposal for a regulation

Article 109 – paragraph 2 – subparagraph 1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the development of on-board safety systems;(b) the development of safety systems;

Or. en

Amendment 584

Proposal for a regulation

Article 109 – paragraph 2 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Commission shall adopt delegated acts, in accordance with Article 113, to supplement this Regulation, by specifying the matters referred to in point (c), of the first subparagraph.The Commission shall adopt guidelines specifying the matters referred to in point (c), of the first subparagraph.

Or. en

Amendment 585

Proposal for a regulation

Article 109 – paragraph 3 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the development of standards for launcher neutralizers;(a) the development of standards for launch vehicle neutralizers;

Or. en

Amendment 586

Proposal for a regulation

Article 109 – paragraph 3 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the provision of vouchers to support the participation of space operators to coaching programmes aimed at offsetting part of costs incurred with the implementation of the requirements laid down in Article 96(2).(b) coaching programmes for space operators aimed at offsetting costs incurred with the implementation of the requirements laid down in Article 96(2).

Or. en

Amendment 587

Proposal for a regulation

Article 109 – paragraph 3 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3a. The Commission shall provide targeted support to the Union mid-caps, small and medium-sized enterprises and research and education institutions performing space activities.

Or. en

Amendment 588

Proposal for a regulation

Article 109 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4. The Commission shall facilitate access to the threat-led penetration testing referred to in Article 88(3), first subparagraph, by mapping the availability of such testing services in the Union and by developing framework contracts to ensure fast and affordable access, notably for SMEs and small mid-caps.deleted

Or. en

Amendment 589

Proposal for a regulation

Article 110 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) provide compliance checklists to facilitate voluntary adherence to the Union Space Labelling Schemes established pursuant to Article 111(4), first subparagraph;deleted

Or. en

Amendment 590

Proposal for a regulation

Article 110 – paragraph 2 – point c a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ca) support small mid-caps, small and medium-sized enterprises, and research and education institutions in the authorization process.

Or. en

Amendment 591

Proposal for a regulation

Title VI – Chapter II

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 592

Proposal for a regulation

Article 113 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The power to adopt the delegated acts referred to in Article 41(3), Article 44(3), Article 56(9), first subparagraph, Article 70(4), Article 78(3), Article 79(4), Article 82(4), Article 83(5), Article 84(5), Article 85(4), Article 86(4), Article 92(4), Article 93(7), second subparagraph, Article 101(4), first subparagraph, and Article 109(2), second subparagraph, shall be conferred on the Commission for an indeterminate period of time from 1 January 2027.2. The power to adopt the delegated acts referred to in Article 41(3), Article 44(3), Article 56(9), first subparagraph, Article 70(4) and Article 101(4), first subparagraph, shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.

Or. en

Amendment 593

Proposal for a regulation

Article 113 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. For each delegated act referred to in paragraph 2, the Agency, after carrying out public consultations, shall submit to the Commission formal technical opinions by 1.7.2028. For matters covered by Title IV, Chapter II, the Agency shall consult ENISA.3. For each delegated act referred to in paragraph 2, the Agency, after carrying out public consultations, shall submit to the Commission formal technical opinions by 18 months from the entry into force of this Regulation. In preparation of each delegated act, the Commission shall assess and take into account already recognised space requirements or standards and assess whether any delegated act setting new standards are needed.

Or. en

Amendment 594

Proposal for a regulation

Article 113 – paragraph 4 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The delegation of power referred to Article 41(3), Article 44(3), Article 56(9), first subparagraph, Article 70(4), Article 78(3), Article 79(4), Article 82(4), Article 83(5), Article 84(5), Article 85(4), Article 86(4), Article 92(4), Article 93(7), second subparagraph, Article 101(4), first subparagraph and Article 109(2), second subparagraph, may be revoked at any time by the European Parliament or by the Council.The delegation of power referred to Article 41(3), Article 44(3), Article 56(9), first subparagraph, Article 70(4) and Article 101(4), first subparagraph, may be revoked at any time by the European Parliament or by the Council.

Or. en

Amendment 595

Proposal for a regulation

Article 113 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
5. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.5. When drafting any delegated act, the Commission shall consult experts from industry, research institutions and national bodies designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Or. en

Amendment 596

Proposal for a regulation

Article 113 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
7. A delegated act adopted pursuant to Article 41(3), Article 44(3),Article 56(9), first subparagraph, Article 70(4), Article 78(3), Article 79(4), Article 82(4), Article 83(5), Article 84(5), Article 85(4), Article 86(4), Article 92(4), Article 93(7), second subparagraph, Article 101(4), first subparagraph and Article 109(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.7. A delegated act adopted pursuant to Article 41(3), Article 44(3),Article 56(9), first subparagraph, Article 70(4) and Article 101(4), first subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 597

Proposal for a regulation

Article 116 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. By 1 December 2035, and every five years thereafter, the Commission shall submit to the European Parliament and the Council a report on the evaluation of this Regulation, including an assessment of the environmental, economic and social impacts of space activities on other sectors, and shall submit, as appropriate, a report on its review, accompanied, where necessary, by a legislative proposal. The reports shall be made public.1. By 36 months from the date of application of this Regulation, and every three years thereafter, the Commission shall submit to the European Parliament and the Council a report on the evaluation of this Regulation, including an assessment on the competitiveness of the European space sector and the possible additional cost of this Regulation on the European space operators, and shall submit, as appropriate, a report on its review, accompanied, where necessary, by a legislative proposal. The reports shall be made public.

Or. en

Amendment 598

Proposal for a regulation

Article 117 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
By 1 December 2031 and every year after that date, Member States shall report to the Commission on the status of the implementation of this Regulation. The report shall include information on enforcement actions and updates on the space sector at national level, such as competitiveness aspects with impact on the functioning of the internal market and elements on public and private spending needs.By 24 months from the date of application of this Regulation and every two years after that date, Member States shall report to the Commission on the status of the implementation of this Regulation. The report shall include information on enforcement actions and updates on the space sector at national level, such as competitiveness aspects with impact on the functioning of the internal market and elements on public and private spending needs.

Or. en

Amendment 599

Proposal for a regulation

Article 117 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 117a
Amendment to Directive (EU) 2022/2555
Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) is amended as follows:
(1) in Article 41, the following paragraph is inserted:
“1a. By 31 December 2029, Member States shall adopt and publish the measures necessary to comply with Annex I, point 11 to this Directive. They shall immediately inform the Commission thereof.
They shall apply those measures 36 months after the entry into force of Regulation (EU) ... (Space Act).”;
(2) in Annex I, column 11. Space is replaced by the following:
“Entities carrying out space activities as defined in Article 5 point (13) of Regulation (EU) ... (Space Act), and services, as defined in Article 5 point (14) of that Regulation, Union-owned assets as defined in Article 5 point (20) of that Regulation, and Operators of ground-based infrastructure, owned, managed and operated by Member States or by private parties, that support the provision of space-based services, excluding providers of public electronic communications networks.”.

Or. en

Amendment 600

Proposal for a regulation

Article 118 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. For authorisations regarding assets planned to be launched after 1 January 2030 for which the critical design review phase ended on [JO: calculate 12 months from the date of entry into force of this Regulation] this Regulation shall only apply from 1 January 2032.1. For authorisations regarding assets planned to be launched after 36 months from its entry into force for which the critical design review phase ended on [JO: calculate 12 months from the date of entry into force of this Regulation] this Regulation shall only apply 24 months after its date of application.

Or. en

Amendment 601

Proposal for a regulation

Article 119 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
It shall apply from 1 January 2030.It shall apply 36 months after its entry into force.

Or. en

Amendment 602

Proposal for a regulation

Annex I – point 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. Safety at launch and re-entry1. Safety at launch and re-entry in accordance with Article 59

Or. en

Amendment 603

Proposal for a regulation

Annex I – point 1 – point 1.1 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Union launch operators shall implement the following coordination requirements:Union launch operators shall implement the following notification and coordination requirements:

Or. en

Amendment 604

Proposal for a regulation

Annex I – point 1 – point 1.1 – paragraph 2 – point a – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) Before launch or re-entry, a Union launch operator shall enter into an agreement with:(a) Before launch or re-entry, a Union launch operator shall notify:

Or. en

Amendment 605

Proposal for a regulation

Annex I – point 1 – point 1.1 – paragraph 2 – point a a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) Before launch or re-entry, a Union launch operator shall implement a real-time coordination process with ANSPs or maritime authorities to manage and mitigate the risks associated to non-nominal or failure scenarios.

Or. en

Amendment 606

Proposal for a regulation

Annex I – point 1 – point 1.2 – point 1.2.2 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The Union launch operator shall ensure that the entity referred to in Article 64(1) obtains the predicated ephemerides for the launcher.The Union launch operator shall ensure that the entity referred to in Article 64(1) obtains the predicated ephemerides for the launch vehicle.

Or. en

Amendment 607

Proposal for a regulation

Annex I – point 1 – point 1.3 – paragraph 2 – point a – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) The calculation of the collective risk for casualties due to launch and re-entry shall be performed by using an approved method to be selected among existing methods by the Commission, in accordance with Article 59(3), point (b), or a new method to be developed by the Commission in accordance with Article 59(3), point (b), with due consideration for the following elements:(a) The calculation of the collective risk for casualties due to launch and re-entry shall be performed by using an approved method to be selected among existing methods by the Commission, in accordance with Article 59(3), point (b), or a new method to be developed, where appropriate, by the Commission in accordance with Article 59(3), point (b), with due consideration for the following elements:

Or. en

Amendment 608

Proposal for a regulation

Annex I – point 1 – point 1.3 – paragraph 2 – point a – point iii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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;(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 launch vehicle;

Or. en

Amendment 609

Proposal for a regulation

Annex I – point 1 – point 1.3 – paragraph 2 – point a – point vi

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(vi) the reliability of the deorbiting manoeuvre of the launcher element put into orbit, in the case of controlled re-entry.(vi) the reliability of the deorbiting manoeuvre of the launch vehicle put into orbit, in the case of controlled re-entry.

Or. en

Amendment 610

Proposal for a regulation

Annex I – point 1 – point 1.3 – paragraph 2 – point b – point iii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(iii) risk for the recovery phase of reusable launcher elements.(iii) risk for the recovery phase of reusable launch vehicle elements.

Or. en

Amendment 611

Proposal for a regulation

Annex I – point 1 – point 1.3 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The implementing act referred to in Article 59(3), 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.deleted

Or. en

Amendment 612

Proposal for a regulation

Annex I – point 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Flight safety system2. Flight safety system in accordance with Article 60

Or. en

Amendment 613

Proposal for a regulation

Annex I – point 2 – point 2.1 – point 2.1.3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.1.3. In the risk assessments, Union launch operators shall set out specific rules for controlled or un-controlled re-entry. In the case of controlled re-entry, Union launch operators shall identify failure scenarios related to the propulsion object placed in orbit becoming a hazard, in particular in the case of failure to control the level or direction of thrust.2.1.3. In the risk assessments, Union launch operators shall set out specific rules for controlled or un-controlled re-entry. In the case of controlled re-entry, Union launch operators shall identify all possible failure scenarios related to the propulsion object placed in orbit becoming a hazard, in particular in the case of failure to control the level or direction of thrust.

Or. en

Amendment 614

Proposal for a regulation

Annex I – point 3 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Launcher safety planLaunch safety plan in accordance with Article 58

Or. en

Amendment 615

Proposal for a regulation

Annex I – point 3 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) the confirmation of coordination and agreement between the Union launch operator and the ANSP and maritime authorities in line with point 1.1, point (a), unless an agreement has already been entered between the Union launch site operator and the relevant authorities, in line with point 1.1, point (b), demonstrated by a written confirmation;(a) the measures of coordination between the Union launch operator and the ANSP and maritime authorities in line with point 1.1;

Or. en

Amendment 616

Proposal for a regulation

Annex I – point 3 – paragraph 2 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) the risk assessment of the failure scenario of the flight safety system, in line with point 2.2.(d) the risk assessment of the failure scenario of the flight safety system, in line with point 2.1 and, where applicable, mitigation measures, including neutralisation in line with point 2.2.

Or. en

Amendment 617

Proposal for a regulation

Annex II – subheading 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
SPACE DEBRIS MITIGATION FOR LAUNCHERS REFERRED TO IN ARTICLE 61SPACE DEBRIS MITIGATION FOR LAUNCH VEHICLES REFERRED TO IN ARTICLE 61

Or. en

Amendment 618

Proposal for a regulation

Annex II – point 1 – point 1.1 – point 1.1.1 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) For single-spacecraft launches, the total number of launch vehicle orbital stages and resulting debris objects shall not exceed one.deleted

Or. en

Amendment 619

Proposal for a regulation

Annex II – point 1 – point 1.1 – point 1.1.1 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) For multi-spacecraft launches, the total number shall not exceed two.deleted

Or. en

Amendment 620

Proposal for a regulation

Annex II – point 1 – point 1.1 – point 1.1.1 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) Launch vehicles deployed in MEO shall at the end of its mission, in accordance with the measures and the indicated safe region specified in the implementing act referred to in Article 61(3), point (b).(d) Launch vehicles deployed in MEO shall be disposed at the end of its mission, in accordance with the measures and the indicated safe region specified in the implementing act referred to in Article 61(3), point (b).

Or. en

Amendment 621

Proposal for a regulation

Annex II – point 1 – point 1.1 – point 1.1.1 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) The orbital lifetime of a launch vehicle deployed in LEO, shall be the one specified in the implementing act referred to in Article 61(3), point (a).(e) The orbital lifetime of a launch vehicle deployed in LEO, shall be 25 years.

Or. en

Amendment 622

Proposal for a regulation

Annex II – point 1 – point 1.2 – point 1.2.2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) Following the end of life, the launcher shall be in a stable condition with minimal internal energy.(c) Following the end of life, the launch vehicle shall be in a stable condition with minimal internal energy.

Or. en

Amendment 623

Proposal for a regulation

Annex II – point 1 – point 1.3 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
In accordance with the requirements in terms of duration and threshold established in the implementing act referred to in Article 61(3), point (d), mitigating measures shall be implemented to limit the likelihood of collision between:In accordance with the implementing act referred to in Article 61(3), point (d), mitigating measures shall be implemented to limit the likelihood of collision between:

Or. en

Amendment 624

Proposal for a regulation

Annex II – point 1 – point 1.3 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) launcher elements and launched objects;(a) launch vehicle elements and launched objects;

Or. en

Amendment 625

Proposal for a regulation

Annex II – point 1 – point 1.3 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) launcher elements and existing space objects in orbit (crewed, un-crewed and debris).(b) launch vehicle elements and existing space objects in orbit (crewed, un-crewed and debris).

Or. en

Amendment 626

Proposal for a regulation

Annex II – point 2 – point 2.2 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The disposal of launchers in LEO shall be performed by one of the following means, chosen in the following order of preference based on technical feasibility:The disposal of launch vehicles in LEO shall be performed by one of the following means, chosen in the following order of preference based on technical feasibility:

Or. en

Amendment 627

Proposal for a regulation

Annex II – point 2 – point 2.2 – paragraph 2 – point a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
A launcher in LEO shall be de-orbited by controlled atmospheric re-entry.A launch vehicle in LEO shall be de-orbited by controlled atmospheric re-entry.

Or. en

Amendment 628

Proposal for a regulation

Annex II – point 2 – point 2.2 – paragraph 2 – point b – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) If a controlled re-entry is not possible, and the casualty risk for an uncontrolled re-entry is low, the launch vehicle may instead be placed in a decay orbit, for a limited period, in line with point 1.1.1, point (e). In that case:(b) If a controlled re-entry is not possible, and the casualty risk for an uncontrolled re-entry is low, the launch vehicle may instead be placed in a decay orbit, for a limited period of 25 years, in line with point 1.1.1, point (e). In that case:

Or. en

Amendment 629

Proposal for a regulation

Annex II – point 2 – point 2.3 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Disposal of launchers in MEODisposal of launch vehicles in MEO

Or. en

Amendment 630

Proposal for a regulation

Annex II – point 2 – point 2.4 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The disposal of launch vehicle in GEO shall be performed by placing the launcher in a graveyard orbit, ensuring that it remains outside GEO protected region for a period of at least 100 years, under the effect of natural disturbances.The disposal of launch vehicle in GEO shall be performed by placing the launch vehicle in a graveyard orbit, ensuring that it remains outside GEO protected region for a period of at least 100 years, under the effect of natural disturbances.

Or. en

Amendment 631

Proposal for a regulation

Annex IV – point 1 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Third country space operators shall ensure that the CA space service provider they subscribe to, pursuant to Article 15(1), first subparagraph, point (a)(i), complies with the following requirements:The CA system shall be either an external provider or an in-house system, provided that in the case of an in-house system, adequate mechanisms are in place to ensure the independence of the respective CA space services provider.
The in-house system or the certified external CA space services provider, pursuant to Article 15(1), second subparagraph, point (b), shall comply with the following requirements:

Or. en

Amendment 632

Proposal for a regulation

Annex IV – point 1 – paragraph 2 – point 1.1 – point a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The CA system shall be either external or in-house, provided that in the case of an in-house system, adequate mechanisms are in place to ensure the independence of the respective CA space service provider.deleted

Or. en

Amendment 633

Proposal for a regulation

Annex IV – point 1 – paragraph 2 – point 1.4 – point c – point v a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(va) taking into account, where available, space radiation monitoring data and space weather alerts that may affect the manoeuvrability, tracking accuracy or control of the protected spacecraft or of other space objects involved in a conjunction.

Or. en

Amendment 634

Proposal for a regulation

Annex IV – point 1 – paragraph 2 – point 1.4 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) The CA space services provider shall use collision probability estimation techniques whose soundness is generally accepted, such as those used by the Union CA space services provider referred to in Article 64(1), and appropriate for a given encounter.(d) The CA space services provider shall use collision probability estimation techniques whose soundness is generally accepted.

Or. en

Amendment 635

Proposal for a regulation

Annex IV – point 2 – point 2.2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.2. In the case of non-manoeuvrable spacecraft, Union spacecraft operators shall cooperate with the Union CA space services provider referred to in Article 64(1) under best efforts.2.2. In the case of non-manoeuvrable spacecraft, Union spacecraft operators shall cooperate with the CA space services providers referred to in Article 64(1) under best efforts.

Or. en

Amendment 636

Proposal for a regulation

Annex IV – point 2 – point 2.3 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.3. Union spacecraft operators shall provide to the Union CA space services provider referred to in Article 64(1) information about its operational orbit(s), in the form of predicted positional and velocities time histories that incorporate all planned manoeuvres, including realistic covariances:2.3. Union spacecraft operators shall provide to the CA space services providers referred to in Article 64(1) information about its operational orbit(s), in the form of predicted positional and velocities time histories that incorporate all planned manoeuvres, including realistic covariances:

Or. en

Amendment 637

Proposal for a regulation

Annex IV – point 2 – point 2.4 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.4. The Union spacecraft operator shall notify the Union CA space services provider referred to in Article 64(1) about:2.4. The Union spacecraft operator shall notify the CA space services providers referred to in Article 64(1) about:

Or. en

Amendment 638

Proposal for a regulation

Annex IV – point 2 – point 2.5 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.5. The Union spacecraft operator in charge of a manoeuvrable spacecraft shall provide a contact point available to respond:2.5. The Union spacecraft operator in charge of a manoeuvrable spacecraft shall provide a contact point available to provide a timely assessment of the situation and on the readiness to manoeuvre.

Or. en

Amendment 639

Proposal for a regulation

Annex IV – point 2 – point 2.5 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) within 8 hours on a 24h/7 days basis for LEO;deleted

Or. en

Amendment 640

Proposal for a regulation

Annex IV – point 2 – point 2.5 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) within 24 hours, on a 24h/7 days basis for MEO and GEO.deleted

Or. en

Amendment 641

Proposal for a regulation

Annex IV – point 2 – point 2.6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.6. The Union spacecraft operator shall provide the Union CA space services provider referred to in Article 64(1) with the radius of the sphere englobing its spacecraft, or an upper-bound estimation.2.6. The Union spacecraft operator shall provide the CA space services providers referred to in Article 64(1) with the radius of the sphere englobing its spacecraft, or an upper-bound estimation.

Or. en

Amendment 642

Proposal for a regulation

Annex IV – point 2 – point 2.7 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.7. Union spacecraft operators and the Union CA space services provider referred to in Article 64(1) shall define at the time of spacecraft service registration:2.7. Union spacecraft operators and the CA space services providers referred to in Article 64(1) shall define at the time of spacecraft service registration:

Or. en

Amendment 643

Proposal for a regulation

Annex V – point 1 – point 1.1 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) A spacecraft shall be designed to limit the generation of debris, in accordance with the requirements set out in the implementing act referred to in Article 70(3), point (a).(a) A spacecraft shall be designed to limit the generation of debris into Earth orbit during normal operations, other than space debris from pyrotechnics and solid rocket motors.

Or. en

Amendment 644

Proposal for a regulation

Annex V – point 1 – point 1.1 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) Each planned debris estimated to be in orbit for the period of time specified in the implementing act referred to in Article 70(3), point (a), shall be justified in the Debris Control Plan.(b) Each planned debris estimated to be in orbit shall be justified in the Debris Control Plan.

Or. en

Amendment 645

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point a – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The probability of accidental fragmentation of a spacecraft in Earth orbit shall be limited, in accordance with the requirements laid down in the implementing act referred to in Article 70(3), point (b)(i), until its end of life.The probability of accidental fragmentation of a spacecraft in Earth orbit shall remain until its end of life.

Or. en

Amendment 646

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point a – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The calculation of the risk of accidental fragmentation of a spacecraft shall follow a standardised method, taking into account all known failure modes.The calculation of the risk of accidental fragmentation of a spacecraft shall follow a standardised method, taking into account all known failure modes excluding those from external sources such as impacts with space debris and meteoroids.
The method to calculate the risk of accidental fragmentation shall be consistent with international standards and best practices.
The Commission may develop a method consistent with international standards in an implementing act in accordance with the examination procedure referred to in Article 114(2).

Or. en

Amendment 647

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(e) Spacecraft shall be passivated in accordance with the following principles:(e) Spacecraft shall be passivated before the end of life unless a successful controlled re-entry is performed. Spacecraft shall be designed to guarantee a probability of successful passivation through to the end of life of:

Or. en

Amendment 648

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point i

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(i) Measures taken to implement the requirement regarding passivation shall take into account specificities related to the type of propulsion.deleted

Or. en

Amendment 649

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point ii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ii) When electric passivation is used, the design of spacecraft shall ensure that schematics of electrical passivation are established and specified.deleted

Or. en

Amendment 650

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point iii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(iii) Union spacecraft operators shall, before the end of life of the spacecraft, update the passivation procedures to check if the passivation capabilities of the spacecraft are still nominal.deleted

Or. en

Amendment 651

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point iv

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(iv) Except for Cubesats, the design of spacecraft shall ensure it contains a redundancy function for passivation.deleted

Or. en

Amendment 652

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point v

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(v) Union spacecraft operators shall deplete energy reserve in either of the following ways:deleted
(1) through hard passivation, whereby a Union spacecraft operator shall put in place controls with parameters set to a level which cannot cause an explosion or deflagration large enough to release orbital debris or fragmentation of the spacecraft;
(2) through soft passivation in accordance with the conditions set out in the implementing act referred to in Article 70(3), point (b).

Or. en

Amendment 653

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point v – point 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1) through hard passivation, whereby a Union spacecraft operator shall put in place controls with parameters set to a level which cannot cause an explosion or deflagration large enough to release orbital debris or fragmentation of the spacecraft;deleted

Or. en

Amendment 654

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point v – point 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(2) through soft passivation in accordance with the conditions set out in the implementing act referred to in Article 70(3), point (b).deleted

Or. en

Amendment 655

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point vi

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(vi) Union spacecraft operators shall deactivate the parts of the spacecraft that produce energy.deleted

Or. en

Amendment 656

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point vii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(vii) Following the passivation there shall be no more radioelectric emissions of the platform and the payload.deleted

Or. en

Amendment 657

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point viii

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(viii) Passivation shall not generate space debris larger to 1 mm, with the exception of the ventilation of propellant.deleted

Or. en

Amendment 658

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point viii a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(viiia) At least 0,90.

Or. en

Amendment 659

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point viii b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(viiib) At least 0,95, when operating in the LEO protected region in an orbit with a natural orbital decay duration longer than 5 years.

Or. en

Amendment 660

Proposal for a regulation

Annex V – point 1 – point 1.2 – point 1.2.1 – paragraph 1 – point e – point viii c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(viiic) At least 0.95 when operating in the GEO protected region

Or. en

Amendment 661

Proposal for a regulation

Annex V – point 1 – point 1.3 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) Spacecraft shall be designed and manufactured, and space missions shall be respectively designed, in a way that limits the risk of collision, in accordance with the requirements laid down in the implementing act referred to in Article 70(3), point (b).deleted

Or. en

Amendment 662

Proposal for a regulation

Annex V – point 1 – point 1.3 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) Spacecraft shall be designed and manufactured to limit the risk that a space debris or meteoroids causes the spacecraft or its component(s) to fragment, and, where tethers are used, additional measures shall be implemented to mitigate the risk of collision with space objects and meteoroids, in accordance with the requirements laid down in the implementing act referred to in Article 70(3), point (b).deleted

Or. en

Amendment 663

Proposal for a regulation

Annex V – point 3 – point 3.1 – point 3.1.2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3.1.2. The probability of successful disposal shall be high and shall be calculated according to the requirements set out in the implementing act referred to in Article 70(3), point (c).3.1.2. The probability of successful disposal shall be kept above 0,90 through to end of life, including the contributions from system reliability and from collisions with space debris or meteoroids preventing the successful disposal. The contribution from system reliability to the probability of successful disposal of each spacecraft of a constellation in near Earth orbit shall be kept above 0,95 through to the end of life, if the spacecraft is part of a large constellation, or it is operating in the LEO protected region in an orbit with a natural orbital decay duration longer than 5 years.

Or. en

Amendment 664

Proposal for a regulation

Annex V – point 3 – point 3.2 – point 3.2.3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3.2.3. Disposal capabilities shall be available at any time of the space mission.deleted

Or. en

Amendment 665

Proposal for a regulation

Annex V – point 3 – point 3.4 – point 3.4.2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3.4.2. For LEO, the orbital lifetime, after the end of the mission, and before re-entry into the atmosphere, shall be limited in accordance with the requirements set out in the implementing act referred to in Article 70(3), point (c).3.4.2. For LEO, the orbital lifetime, after the end of the mission, and before re-entry into the atmosphere, shall be limited to five years.

Or. en

Amendment 666

Proposal for a regulation

Annex V – point 3 – point 3.5 – point 3.5.2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3.5.2. Union spacecraft operators shall demonstrate that there is no risk of on-orbit collision with crewed stations following three days after the de-orbiting and return to Earth manoeuvres.3.5.2. Union spacecraft operators may demonstrate that there is no risk of on-orbit collision with crewed stations following three days after the de-orbiting and return to Earth manoeuvres.

Or. en

Amendment 667

Proposal for a regulation

Annex V – point 3 – point 3.5 – point 3.5.4 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3.5.4. The probability of casualties per re-entry shall be further specified in the implementing act referred to in Article 70(3), point (c)(iii), considering the following requirements:3.5.4. The probability of casualties per re-entry shall be less than 10E-4. The method to estimate the probability of casualties per re-entry shall be consistent with international standards and may be developed by the Commission in the implementing act referred to in Article 70(3). The method shall:

Or. en

Amendment 668

Proposal for a regulation

Annex V – point 3 – point 3.5 – point 3.5.4 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) be as low as possible;deleted

Or. en

Amendment 669

Proposal for a regulation

Annex VI – point 1 – point 1.1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1.1. For constellations, mega-constellations and giga-constellations, the debris control plans referred to in Article 70(2), point (a), shall, with a view to address the collision risk during orbital lifetime, include a report on intra constellation collision risks, listing the measures taken for mitigating that risk.1.1. For constellations operators, the debris control plans referred to in Article 70(2), point (a), shall, with a view to address the collision risk during orbital lifetime, include a report listing the measures taken for mitigating that risk.

Or. en

Amendment 670

Proposal for a regulation

Annex VI – point 1 – point 1.2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1.2. For mega-constellations and giga-constellations the following shall apply:1.2. For constellations the following shall apply:

Or. en

Amendment 671

Proposal for a regulation

Annex VI – point 1 – point 1.2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) Union spacecraft operators shall consider orbits that minimise the intra-constellation collision risk, including in cases of in-orbit failure, Launch and Early Operations (LEOP) and disposal;(b) Union spacecraft operators shall consider orbits that minimise collision risk, including in cases of in-orbit failure, Launch and Early Operations (LEOP) and disposal;

Or. en

Amendment 672

Proposal for a regulation

Annex VI – point 1 – point 1.2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(c) during the disposal phase and after the end-of-life, Union spacecraft operators shall analyse the risk of intra-constellation collisions and keep it at the lowest level possible, to be specified in the implementing act referred to in Article 73(4), point (a).deleted

Or. en

Amendment 673

Proposal for a regulation

Annex VI – point 2 – point 2.1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.1. For constellations, mega-constellations and giga-constellations, Union spacecraft operators shall take specific measures to ensure limitation of light and radio pollution to be specified in the implementing act referred to in Article 73(4), point (b), first subparagraph;deleted

Or. en

Amendment 674

Proposal for a regulation

Annex VI – point 2 – point 2.2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2.2. For mega-constellations and giga-constellations that following shall apply:2.2. For constellations that following shall apply:

Or. en

Amendment 675

Proposal for a regulation

Annex VI – point 2 – point 2.2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) a report shall analyse, after one year of operation, the probability of intra and inter-collision risks, and compare it with the one calculated at the time of the granting of the authorisation;deleted

Or. en

Amendment 676

Proposal for a regulation

Annex VII

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 677

Proposal for a regulation

Annex X

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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Or. en

Back matter, 2

Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.

Explanatory statement 34 blocks

The Space Act represents a landmark initiative in European space policy. For the first time, the Union seeks to establish a comprehensive regulatory framework for space activities, aimed at enhancing security, resilience and sustainability, while contributing to the creation of a genuine European single market for space.

The objective of providing Europe with common rules is both legitimate and necessary. However, the ultimate success of this Regulation will depend not only on the substance of its provisions, but on the manner in which they are designed and implemented. If simplicity, proportionality and coherence are not ensured, there is a real risk of undermining precisely the competitiveness and innovation that the Act seeks to strengthen.

1. A Single Market for Space

As an internal market measure, the Space Act must primarily address fragmentation. Today, several Member States have adopted national space laws, each with distinct authorisation procedures, requirements and timelines. This diversity creates legal uncertainty and administrative burdens for space operators active across borders.

A European framework is therefore justified. However, harmonisation must not result in additional layers of complexity. The objective should not be to replace national fragmentation with a centralised and more burdensome European system. Instead, the Regulation must genuinely simplify the regulatory environment.

Stakeholders expressed concerns regarding lengthy authorisation procedures, unclear governance arrangements and possible overlaps with existing national frameworks. In some Member States, authorisation procedures are completed within well-defined and relatively short timeframes. The European regulatory framework must avoid adding any complexity, establishing processes that are slower than those already functioning efficiently at national level.

Simplification must therefore be the guiding principle of this Regulation. Authorisation procedures should be streamlined, predictable and proportionate to the risk profile of the space activity concerned. Administrative requirements must remain strictly necessary and avoid duplication between existing national or European legislation.

If the goal is to create a true single market for space, regulatory barriers must be reduced, not multiplied.

2. Proportionality and Differentiation: Safeguarding Innovation

The European space ecosystem has evolved significantly. It is no longer composed solely of large institutional actors. Mid-caps, SMEs and research centres increasingly represent the backbone of innovation in such dynamic sector. They are not merely suppliers within complex value chains; they design, test, launch and operate missions themselves.

A uniform regulatory model applied without differentiation would risk disproportionately affecting these actors. While safety, resilience and sustainability are essential and non-negotiable objectives, regulatory obligations must be proportionate to the nature, scale and risk level of the space activity concerned.

The inclusion of simplified or “light” regimes for certain categories of space operators is therefore a necessary element of balance. High standards must be preserved, but compliance mechanisms must be calibrated so that they do not discourage market entry, experimentation, innovation and growth.

Europe cannot afford to constrain its emerging space economy through excessive administrative burdens. Rules should function as enablers, creating legal certainty and trust while preserving the dynamism that characterises this rapidly evolving sector.

In this context, particular attention must also be given to research and innovation actors. Research centres and early-stage ventures play a crucial role in developing breakthrough technologies that will define the future of European space capacities. A regulatory framework that is overly rigid or administratively heavy risks slowing down experimentation and technological progress.

3. Building on Existing Standards and Ensuring Coherence

A central aspect of simplification concerns the relationship between the Space Act and existing standards and regulatory frameworks.

Over decades, the European Space Agency and national authorities have developed well-established technical standards, including in the field of sustainability and life-cycle assessment. The Regulation should build upon these recognised standards rather than create parallel or competing systems. Leveraging existing expertise and practices is essential to avoid unnecessary duplication and to ensure legal certainty.

The same principle applies to the interaction with other areas of EU legislation, including cybersecurity and critical infrastructure protection. Coherence must prevail over regulatory layering. Where European legislation already applies, the Space Act should avoid introducing overlapping obligations that create confusion or additional compliance costs.

Legal clarity is fundamental for space operators. Responsibilities must be clearly defined, governance structures streamlined and competences well delineated between the Union, Member States and relevant agencies. A fragmented or excessively complex governance model would generate uncertainty and discourage investment.

A simplified and coherent framework is not only a matter of administrative efficiency; it is a precondition for competitiveness.

4. Sustainability as a Driver of Competitiveness

Sustainability is rightly identified as a core pillar of the Regulation. The increase in space activities raises legitimate concerns related to debris mitigation, environmental impact and long-term orbital safety.

However, sustainability requirements must be measurable, technically feasible and economically meaningful. They should support industrial progress and innovation, not become abstract or purely declaratory obligations.

When sustainability is framed in a way that incentivises technological improvement, it can strengthen Europe’s industrial base and global standing. Conversely, vague standards or excessive reporting requirements risk imposing burdens without generating tangible benefits.

Clear metrics, harmonised approaches and predictable requirements will enable operators, including research-driven entities, to invest in new technologies with confidence. In this sense, sustainability and competitiveness should not be seen as opposing objectives, but as mutually reinforcing — provided that rules remain proportionate and practical.

5. Strategic Realism in a Global Environment

The Space Act must also reflect the global nature of the space sector. Europe is a major space power, but it operates within an interconnected international ecosystem. In certain segments of the value chain, dependencies on third countries remain.

The concept of equivalence included in the proposal recognises this reality. While the Regulation should contribute to strengthening Europe’s strategic autonomy, it must also take into account existing industrial interdependencies and cooperation with like-minded partners.

At the same time, unilateral over-regulation would risk weakening Europe’s position. If obligations imposed at EU level are not accompanied by broader international alignment, European operators could face competitive disadvantages in a rapidly evolving global market.

Europe has the capacity to lead by example in defining best practices for safe, resilient and sustainable space activities. However, regulatory ambition must be matched by realism. Simplified, coherent and proportionate rules will better position the Union to promote its standards internationally and to shape the future global governance of space.

Conclusion

The Space Act is a necessary step towards a common EU framework for space activities. Fragmentation must be addressed, and high standards of safety, resilience and sustainability must be ensured.

At the same time, the Regulation must avoid becoming a source of excessive bureaucracy. Simplification, proportionality and coherence should guide its final design. Authorisation procedures must be streamlined, governance structures clear and obligations calibrated to the level of risk and the diversity of actors involved.

Only through a balanced and simplified framework can the Space Act fulfil its internal market objective: enabling a competitive, innovative and resilient European space sector capable of thriving in an increasingly strategic global environment.

Annex: declaration of input 4 blocks

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she included in her opinion input on matters pertaining to the subject of the file that she received, in the preparation of the draft report (prior to the adoption thereof in committee), from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

Table from the text: 1. Interest representatives falling within the scope of the
1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
Airbus
Alliance Newspace
Amazon
ArianeGroup
ASD-Eurospace
European Space Agency
EUTELSAT
EU Agency for the Space Programme
GEOSAT
ICEYE
ISAR Aerospace
Leonardo/TELESPAZIO
OHB
Rasmussen Global
Viasat
SES
Skynopy
Space X
Argotec
Officina Stellare
Qascom
Politecnico di Milano
Politecnico di Torino
Istituto Nazionale di Fisica Nucleare
Reflex Aerospace
Global Satellite Operators Association
Latitude
Aldoria
EARSC European Association of Remote Sensing companies
European Defence Agency
Eumetsat
Cen Cenelec
D-Orbit
Spire Global
Confindustria
Sopra Steria
New Horizon
ESPI
AIAD
Advacam
2. Representatives of public authorities of third countries, including their diplomatic missions and embassies
US Mission to the EU

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

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European Parliament (2026). “DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council on the safety, resilience and sustainability of space activities in the Union”. Text, 3 March 2026. docId ITRE-PR-784432. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ITRE-PR-784432 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ITRE-PR-784432 (CC BY 4.0).
BibTeX 
@misc{epw-text-itre-pr-784432,
  author = {{European Parliament}},
  title = {{DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council on the safety, resilience and sustainability of space activities in the Union}},
  year = {2026},
  date = {2026-03-03},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ITRE-PR-784432}},
  url = {https://news.eu-parl.st-solutions.dev/texts/ITRE-PR-784432},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId ITRE-PR-784432. Data: EP Open Data API: document record (CC BY 4.0)}
}