Committee on Industry, Research and Energy
Committee on Industry, Research and Energy
Contributions in relation to UK withdrawal from the European Union
At their meeting of 12 January 2017, the Coordinators of the Committee on Industry,
Research and Energy endorsed the attached contributions in relation to UK withdrawal from
the European Union, covering the matters falling within the committee remit, as laid down in
Annex VI to the Rules of Procedure of the European Parliament.
As a general point, it should be noted that the timing of withdrawal - namely, whether it takes
place before, at or after the end of the ongoing financial framework period - will entail
different legal consequences, both in operational and financial terms. It also seems very likely
that, in some cases, implementation of the withdrawal will spread over several years, having
an impact on a large number of legal acts of various types, where Parliament is involved in
the procedure.
With regard to the contributions themselves, it is important to recall that, given the short time
available for their preparation and the fact that the UK position is still unknown, they can
only constitute a very first assessment of the situation. It is therefore essential that the
parliamentary committees be closely involved in following the negotiations and in the
consent procedure as well as in discussions on any transitional arrangements and the future
relationship, so that Parliament can benefit from the substantive knowledge held in the
committees.
Jerzy Buzek
Chair of the Committee on Industry, Research and Energy
ITRE COMMITTEE
Energy Policy
___________________________________________________________________________
First part (Impact on any pending or imminent procedure)
1. What is the possible impact on legislative files currently under discussion of
impending UK departure?
2. What is the likely impact on these legislative files if they are not concluded pre-Brexit
and therefore only concluded post-Brexit?
The current and upcoming files likely to be affected are as follows:
1.
2.
3.
4.
1
Regulation (EU) No 994/2010 on security of gas supply is under revision. There are
three issues to be addressed:
i.
The UK and Ireland are supposed to form the “North-West region” in the
proposed regulation (regional groupings are designed to ensure better
coordination and solidarity between Member States). Will the regional
groupings need to be adapted?
ii.
The proposal includes a “solidarity mechanism” between Member States (to
help ensure gas supplies in the case of a severe crisis). Should it be adapted to
take account of UK withdrawal?
iii.
Should the notification obligations with regard to contracts with suppliers
from third countries be adapted to take account of UK withdrawal?
Decision No 994/2012/EU establishing an Information Exchange Mechanism with
regard to intergovernmental agreements in the field of energy (IGAs) is under
review. The new Decision may oblige Member States to notify existing IGAs or IGAs
that are being negotiated. Will the UK have to notify such agreements before its
withdrawal?
The Commission recently published proposals to revise parts of the Third Energy
Package1. They mainly concern the electricity market. The proposed legislation does
not have country-specific provisions, but UK withdrawal may have practical
implications on the functioning of the market, which need to be taken into account in
this revision;
The Commission recently published its proposal to revise Directive 2005/89/EC on
security of electricity supply2. There are no country specific provisions in the
proposal, but the consequences of the UK possibly no longer forming part of the
overall European framework for ensuring the security of electricity supply should be
taken into account in this review;
The following proposals are expected:
• Proposal for a revised electricity Directive [COM(2016)864] (replacing the Internal Market in
Electricity Directive (2009/72/EC)); • Proposal for a revised electricity regulation [COM(2016)861] (replacing Regulation (EC) No 714/2009
on conditions for access to the network for cross-border exchanges in electricity); • Proposal for a revised regulation on a European Agency for the Cooperation of Energy Regulators
(ACER) [COM(2016)863]. 2
Proposal for a new regulation on risk preparedness in the electricity sector [COM(2016)862]
5.
6.
The Commission published its proposal to revise Directive 2012/27/EU on energy
efficiency on 30 November 2016. How will the EU target for primary/final energy
consumption under the current 2020 framework be affected (it is expressed in
absolute terms and UK energy consumption will no longer be relevant)?
The Commission published its proposal to revise Directive 2009/28/EC on renewable
energy on 30 November 2016. Under the current Directive, the UK has a binding
national target of 15% of energy to come from renewable energy sources. It may be
necessary to take account of UK withdrawal in the setting of targets and/or Member
States’ contributions under the revised directive.
Notwithstanding the UK withdrawal process, it is in the European interest to adopt and
implement these files in the near future.
___________________________________________________________________________
Second part (provisions to be included in the “Exit agreement” and content of the future EUUK relations agreement)
3. Are there policies or EU legislation in force likely to feature as part of the EU-UK
withdrawal agreement, and if so in what way?
4. Are there policies or EU legislation in force likely to feature as part of the future EUUK relationship agreement, and if so in what way?
It is not yet clear what will be in the exit agreement and what will be in the future relations
agreement. Relevant issues are therefore grouped together in this section.
1.
2.
3.
4.
3
The Third Energy Package is due to be revised (see above, part 1, point 3). Will the
UK continue to be part of the energy market and what impact will UK withdrawal
have on the completion of the energy market and the pan-European network codes for
example?
In connection with the Package, the UK’s status in relevant EU bodies such as
ACER3, ENTSO-E4, ENTSO-G5 will need to be clarified (third countries may
participate in ACER if they conclude “agreements with the Community whereby they
have adopted and are applying Community law in the field of energy and, if relevant,
in the fields of environment and competition.”)6. Any financial matters relating to
ACER would need to be resolved;
If the UK no longer applies energy market regulation, what will be the impact on
markets of UK energy companies operating in the EU if they are no longer subject to
market design rules7 or energy-related state aid rules applying to EU-based
companies?
Regulation (EU) No 347/2013 on the guidelines for trans-European energy
infrastructure (TEN-E) supports the implementation of projects of common interest
(PCIs):
i.
What will be the impact of withdrawal on PCIs in and/or connected to the UK
on the list (revised every two years8)? In particular, what will be the status of
Agency for the Cooperation of Energy Regulators.
European Network of Transmission System Operators for Electricity. 5
European Network of Transmission System Operators for Gas. 6 Article 31 of the ACER Regulation (713/2009). 7
See in particular the proposals mentioned under footnote 1. 8
Currently, UK-related PCIs are as follows: 5 electricity PCIs planned before 2020, 5 PCIs after 2020, Northern
Ireland 2 PCIs planned before 2020, one after 2020. 4
projects ongoing at the time of exit and will UK-linked projects be eligible for
funding? Will UK withdrawal have an impact on the budget available?
ii.
Will withdrawal affect the criteria to be satisfied (e.g. the “energy
infrastructure priority corridors and areas”; the requirement for a connection to
Member States (some projects may continue to do so) and the requirement to
comply with EU legislation including detailed delegated legislation)?
iii.
The question of the TEN-E Regulation’s application to the UK will need to be
clarified;
5. How will funding instruments for energy be affected (e.g. Regulation (EU)
2015/1017 establishing the European Fund for Strategic Investment9 and
financing from the European Investment Bank)? It should be clarified whether UK
projects (or projects that connect through the UK) will continue to be eligible for
EFSI and EIB funding if they continue to satisfy the other applicable funding criteria.
Transitional arrangements may also be required for on-going projects;
6. How will Regulation (EU) No 1316/2013 establishing the Connecting Europe
Facility (CEF) be affected, both in terms of projects ending under the current CEF
and any projects that run beyond 2020 and in terms of the CEF budget in the next
MFF?
7. Will the UK continue to apply EU standards in relation to offshore oil and gas
operations (see Directive 2013/30/EU on safety of offshore oil and gas operations)?
The UK would no longer be a member of the European Union Offshore Oil and Gas
Authorities Group but could be invited to take part in the Group’s work10. The
Commission is responsible for facilitating the exchange of information between
Member States with offshore oil and gas operations and adjacent third countries with
similar operations;
8. It should be clarified whether legally the Article 50 notification procedure
automatically applies to the EURATOM Treaty? Moreover, will the UK wish to
have a role in EURATOM (e.g. as an associated Member)?
9. What role will the UK have in ITER11 (the international fusion energy project),
bearing also in mind the Joint European Torus in Culham, England (contracted to run
until 2018), which is crucial for the planning of the next-generation ITER reactor?
Any issues relating to the UK's contribution to ITER and division of assets and
liabilities should be dealt with in the Article 50 Agreement (general budget,
participation of UK in EU research programmes);
10. Will the UK continue to observe EU standards for nuclear safety, radioactive waste
and radiation protection12?
9
There is also a pending proposal for EFSI 2.0. See Commission decision 18/07 of 2012. 11
See:
• Council Decision 2007/198/Euratom establishing the European Joint Undertaking for ITER and the
Development of Fusion Energy; and
• The Agreement on the establishment of the ITER international fusion energy organization for a joint
implementation of the ITER project (OJ L 358/62 of 16 December 2006).
12
Relevant nuclear energy legislation includes:
• Directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear
installations; • Directive 2011/70/EURATOM establishing a Community framework for the responsible and safe
management of spent fuel and radioactive waste; and • Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan
sources. 10
___________________________________________________________________________
Third part (any other relevant element)
UK withdrawal is likely to have an impact on the situation of Ireland. Ireland is connected to
the rest of the EU through the UK. Moreover, Ireland and Northern Ireland (NI) form a
Single Energy Market (SEM), and the Irish and NI governments and regulatory authorities
are engaged in a programme to align the SEM with the EU Network Codes, with a view to
creating an Integrated Single Electricity Market. Essentially, a single set of markets (forward,
day-ahead, intraday and balancing) will cover both Ireland and Northern Ireland with a
number of the key roles being carried out on an all-island basis by EirGrid, the holder of the
Irish TSO and market operator licences, and SONI, its NI subsidiary that holds corresponding
NI licences.
ITRE COMMITTEE
Telecoms Policy
___________________________________________________________________________
First part (Impact on any pending or imminent procedure)
1. What is the possible impact on legislative files currently under discussion of
impending UK departure?
2. What is the likely impact on these legislative files if they are not concluded pre-Brexit
and therefore only concluded post-Brexit?
The current and upcoming files likely to be affected are as follows:
1. The Commission has proposed an amendment to the Connecting Europe Facility
(CEF) Regulation and to Regulation (EU) No 283/2014 on guidelines for transEuropean networks in the area of telecommunications infrastructure
(“WiFi4EU”) to promote Internet connectivity in local communities13. Funding is
proposed to be on a first come, first served basis. The issue of funding for UK projects
may need to be addressed?
2. The BEREC Regulation14 is under revision. BEREC is the forum for cooperation
among national telecoms regulators (NRAs) and between them and the Commission.
In the event of withdrawal, the UK’s participation in BEREC would need to be
clarified:
• under the existing regulation, NRAs from EEA States and from candidate
countries have observer status on the Board of Regulators and are
represented at an appropriate level. BEREC may invite other experts and
observers to attend its meetings;
• under the amending Commission proposal, BEREC will be open to the
participation of third-country regulators, in particular those of EEA EFTA
states and candidate countries, on the basis of an international agreement,
specifying, in particular, the nature, extent and manner of the participation,
including provisions relating to participation in the initiatives undertaken by
BEREC, financial contributions and staff. ___________________________________________________________________________
Second part (provisions to be included in the “Exit agreement” and content of the future EUUK relations agreement)
3. Are there policies or EU legislation in force likely to feature as part of the EU-UK
withdrawal agreement, and if so in what way?
4. Are there policies or EU legislation in force likely to feature as part of the future EUUK relationship agreement, and if so in what way?
It is not yet clear what will be in the exit agreement and what will be in the future relations
agreement. Relevant issues are therefore grouped together in this section.
13
The WIFI4EU proposal: COM(2016) 589 final.
See Regulation (EC) No 1211/2009 establishing the Body of European Regulators for Electronic
Communications (BEREC) and the Office. This Regulation is under revision. 14
1. The telecommunications regulatory framework15 is under revision. Issues relating
to the rights of EU providers in the UK and of UK providers in the EU might need to
be addressed (general authorisation scheme, free movement of services, capital, etc.).
There may also be a significant impact on business;
2. The issue of spectrum management and harmonisation might need to be addressed,
including in reference to interference. How will the UK regulator cooperate with
Member State regulators and EU bodies such as the Radio Spectrum Policy Group16
in the management and harmonisation of spectrum?
3. In the event of UK withdrawal, any financial matters relating to BEREC and the
BEREC Office would need to be resolved;
4. The same applies with regard to the European Union Agency for Network and
Information Security (ENISA)17. Moreover, under the current regulation - which is
currently under review by the Commission - UK participation in ENISA would
depend on whether it had adopted and applied Union legal acts in the field of network
and information security18;
5. Under Regulation (EU) No 910/2014 on electronic identification and trust services
for electronic transactions in the internal market, trust services provided by thirdcountry trust service providers are recognised as legally equivalent to qualified trust
services provided by EU-established providers on the basis of an agreement between
the EU and the third country in question19. Such an agreement would be required with
the UK;
6. What will be the impact on Regulation (EU) No 1316/2013 establishing the CEF
combined with Regulation (EU) No 283/2014 (see also part 1, point 1), under which
support is provided for projects in the area of telecommunications? In particular, how
will UK withdrawal affect projects ending under the current CEF and any projects
that run beyond 2020 and how will withdrawal affect the budget for such activities in
the next MFF?
7. The ISA² programme20, which runs until 2020, supports the development of digital
solutions that enable public administrations, businesses and citizens in Europe to
benefit from interoperable cross-border and cross-sector public services. The status of
any projects involving the UK that run until the end of the programme period would
15
The Commission has published a proposal for a directive establishing the European Electronic
Communications Code, which is designed to recast the following legislation:
• Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and
associated facilities (Access Directive); • Directive 2002/20/EC on the authorisation of electronic communications networks and services
(Authorisation Directive); • Directive 2002/21/EC on a common regulatory framework for electronic communications networks
and services (Framework Directive); • Directive 2002/22/EC on universal service and users' rights relating to electronic communications
networks and services (Universal Service Directive); • Directive 2009/140/EC amending Directives 2002/21/EC, 2002/19/EC, and 2002/20/EC. 16
A high-level advisory group that assists the Commission in the development of radio spectrum policy. Each
Member State and the Commission have a representative. Representatives of the EEA countries and the
candidate countries are also invited to attend plenary meetings as observers. 17
Regulation (EU) No 526/2013 concerning the European Union Agency for Network and Information Security.
18
See Article 30 of Regulation (EU) No 526/2013. 19
See Article 14 of the Regulation. 20
Decision (EU) 2015/2240 establishing a programme on interoperability solutions and common frameworks
for European public administrations, businesses and citizens (ISA2 programme) as a means for modernising the
public sector. need to be clarified21. UK withdrawal may also have an impact on the budget
available for any successor programme;
8. Since Regulation (EU) No 531/2012 on roaming will no longer apply with respect to
the UK, impacting business and other travellers to and from the UK, transitional
arrangements will be necessary.
21
The programme is open to participation by EEA and candidate countries. Cooperation with other third
countries and with international organisations or bodies is encouraged. ITRE COMMITTEE
Research Policy
___________________________________________________________________________
First part (Impact on any pending or imminent procedure)
1. What is the possible impact on legislative files currently under discussion of
impending UK departure?
2. What is the likely impact on these legislative files if they are not concluded pre-Brexit
and therefore only concluded post-Brexit?
The only current legislative file in the research field is the proposal for a decision on the
participation of the Union in the Partnership for Research and Innovation in the
Mediterranean Area (PRIMA)22. Withdrawal is unlikely to affect this proposal directly, since
the UK has not indicated that it intends to participate in this Article 185 TFEU proposal.
___________________________________________________________________________
Second part (provisions to be included in the “Exit agreement” and content of the future EUUK relations agreement)
1. Are there policies or EU legislation in force likely to feature as part of the EU-UK
withdrawal agreement, and if so in what way?
2. Are there policies or EU legislation in force likely to feature as part of the future EUUK relationship agreement, and if so in what way?
It is not yet clear what will be in the exit agreement and what will be in the future relations
agreement. Relevant issues are therefore grouped together in this section.
1. In respect of the Framework programme for research (Horizon 2020)23, at least
the following issues need to be addressed:
i.
Will there be a shortfall of funding in the remaining Horizon 2020 framework
programme, if the UK withdrawal takes effect before the end of the current
MFF period?
ii.
What is the position in respect of projects (whether grants or financial
instruments) involving UK beneficiaries ongoing at the time of exit, taking
account of the prominent role played by the UK24?
22
COM(2016)662.
See the following:
• Regulation (EU) No 1291/2013 establishing Horizon 2020 - the Framework Programme for Research
and Innovation (2014-2020);
• Regulation (EU) No 1290/2013 laying down the rules for participation and dissemination in "Horizon
2020 - the Framework Programme for Research and Innovation (2014-2020)";
• Decision establishing the specific programme implementing Horizon 2020 - the Framework
Programme for Research and Innovation (2014-2020);
• Regulation (EU) No 1292/2013 amending Regulation (EC) No 294/2008 establishing the European
Institute of Innovation and Technology;
• Decision No 1312/2013/EU on the Strategic Innovation Agenda of the European Institute of Innovation
and Technology (EIT): the contribution of the EIT to a more innovative Europe. 24
The UK is the:
23
iii.
iv.
v.
What will be the impact of UK withdrawal on the Public-Private Partnerships
in Horizon 2020 (especially the Joint Technology Initiatives25), bearing in
mind that the participation of industrial partners is governed by commercial
law? Is it necessary to revise the basic and further implementing rules if a
partnership has been established with companies in UK, taking into account
that some Joint Technology Initiatives26 have UK companies listed as
founding members in the basic act?;
What will happen to the Knowledge and Innovation Communities (KICs27), in
particular those with co-location and/or regional implementation and
innovation centres in UK? Is it necessary to revise the contractual relationship
between European Institute of Technology and Innovation and the KICs?
What will be the status of the Public-Public Partnerships28 in which the UK is
partner?
first Member State in terms of applicants (41.253 out of 306.603 from Member States from 2014 to the
end of 2016 (in total, 340.929 from all countries));
• fourth Member State in terms of number of participants (1.581 unique participants, out of 14.289 from
Member States from 2014 to the end of 2016 (in total, 16.053 from all countries));
• second Member State in terms of number of participations (5.977 participations, out of 42.414 from
Member States from 2014 to the end of 2016 (in total, 46.444 from all countries))
• second Member State in terms of share of participation in signed grant agreements (until now: 12,87 %
out of total participations in H2020)
• second Member State in terms of EU contribution (Germany: 17,15 %; UK: 15,19 %; France: 10,31 %;
Spain: 8,96 %; Italy: 8,17 %).
Out of EUR 19.361.213.441 € deployed so far in H2020, the UK has received 2.941.281.900 €. 25
See Council Regulations
• (EU) No 557/2014 establishing the Innovative Medicines Initiative 2 Joint Undertaking;
• (EU) No 559/2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking;
• (EU) No 558/2014 establishing the Clean Sky 2 Joint Undertaking;
• (EU) No 560/2014 establishing the Bio-based Industries Joint Undertaking;
• (EU) No 561/2014 establishing the ECSEL Joint Undertaking;
• (EU) No 642/2014 establishing the Shift2Rail Joint Undertaking;
• (EU) No 721/2014 amending Regulation (EC) No 219/2007 on the establishment of a Joint
Undertaking to develop the new generation European air traffic management system (SESAR) as
regards the extension of the Joint Undertaking until 2024.
26
For example, Shift to Rail. 27
T here are currently five KICs and each focuses on a different societal challenge:
• Climate-KIC: addressing climate change mitigation and adaptation;
• EIT Digital: addressing Information and Communication Technologies;
• KIC InnoEnergy: addressing sustainable energy;
• EIT Health: addressing healthy living and active ageing;
• EIT Raw Materials: addressing sustainable exploration, extraction, processing, recycling and
substitution. 28
See the following: • Decision No 553/2014/EU on the participation of the Union in a Research and Development
Programme jointly undertaken by several Member States aimed at supporting research and
development performing small and medium-sized enterprises;
• Decision No 555/2014/EU on the participation of the Union in a European Metrology Programme for
Innovation and Research (EMPIR) jointly undertaken by several Member States;
• Decision No 556/2014/EU on the participation of the Union in a second European and Developing
Countries Clinical Trials Partnership Programme (EDCTP2) jointly undertaken by several Member
States;
• Decision No 554/2014/EU on the participation of the Union in the Active and Assisted Living
Research and Development Programme jointly undertaken by several Member States. •
vi.
Are the tangible or intangible assets created or developed under the Research
Framework programmes affected by UK withdrawal?
vii.
Clarification is needed on a possible future UK involvement in the next
framework programme, including any possible financial contribution;
viii.
Is there an impact on the EU’s joint liability risks for the EU budget in the
future?
ix.
How will UK withdrawal affect planning and strategic ambition for FP9 in the
next MFF, also considering that the next MFF programmes will be proposed at
the beginning 2018? The same applies to the Defence Research Fund, which is
planned for the post-2020 multiannual financial framework29;
2. What is the impact on the European Research Area (ERA), bearing in mind that the
UK has a leading position as a location for science and that research and innovation
benefit from clear long-term frameworks? The following issues are of particular
relevance:
i.
Will UK withdrawal have an impact on researcher mobility, since this is a key
element of the ERA (15% of all academic staff at UK universities are from
other EU countries)? How does this affect actions under for example the Marie
Sklodowska-Curie programme?
ii.
What does the UK envisage as regards its involvement in ERA, considering
that 60% of the UK’s internationally co-authored research papers are written
with EU partners?
3. The assessment of ITER (the international fusion energy project) is covered under the
ITRE contribution on energy policy.
29
S ee the Defence Action Plan (COM2016)950).
ITRE COMMITTEE
Industry, including SMEs, and European Space Policy
___________________________________________________________________________
First part (Impact on any pending or imminent procedure)
1. What is the possible impact on legislative files currently under discussion of
impending UK departure?
2. What is the likely impact on these legislative files if they are not concluded pre-Brexit
and therefore only concluded post-Brexit?
Industrial policy is mainly non-legislative, although a wide range of EU legislation affects
industry. The main issue is whether the UK remains a member of the single market. With
regard to space, the only file currently before the committee is the Space Strategy for Europe,
which is non-legislative. The 2017 annual work programme includes a GOVSATCOM
initiative (on governmental satellite communication). The Commission proposal is due to be
published at the end of 2017, so it is too early to know what the impact of UK withdrawal
might be.
___________________________________________________________________________
Second part (provisions to be included in the “Exit agreement” and content of the future EUUK relations agreement)
3. Are there policies or EU legislation in force likely to feature as part of the EU-UK
withdrawal agreement, and if so in what way?
4. Are there policies or EU legislation in force likely to feature as part of the future EUUK relationship agreement, and if so in what way?
It is not yet clear what will be in the exit agreement and what will be in the future relations
agreement. Relevant issues are therefore grouped together in this section.
1.
30
The EU support programme for SMEs is COSME30. As a minimum, he following
issues need to be addressed:
i.
The status of any projects involving UK beneficiaries planned to run beyond
the date of withdrawal;
ii. The possibility of there being a shortfall of funding if withdrawal takes effect
before the end of the current MFF period;
iii. The position of the UK in the European Enterprise Network31 and the position
of UK intermediaries32 in the Equity Facility for Growth and the Loan
Guarantee Facility;
Regulation (EU) No 1287/2013 establishing a Programme for the Competitiveness of Enterprises and small
and medium-sized enterprises (COSME) (2014 - 2020) and repealing Decision No 1639/2006/EC. COSME is
open to participation by EEA countries, candidate countries and European neighbourhood countries. Other third
countries may also participate but are not entitled to receive Union financial contributions, except where it is
essential for the COSME programme. 31
There are EEN contact points in third countries. 32
Financial intermediaries must be established in a Member State or in an associated COSME country. iv. Possible future UK involvement in COSME’s successor (if there is one),
including any possible financial contribution, and how will this affect funding
for the successor programme.
2. The two EU flagship space programmes are Galileo and EGNOS33 and
Copernicus34. As a minimum, the following issues need to be addressed:
i.
The EU is the owner of all tangible and intangible assets created or developed
under the Galileo and EGNOS programmes and the Copernicus programme.
Does the UK have a claim to part of those assets?
ii.
What is the situation with regard to any infrastructure based in the UK or in an
overseas country or territory connected with the UK35?
iii.
What is the situation with regard to the European Centre for Medium-Range
Weather Forecasts36, which is the entrusted entity for the Atmosphere
Monitoring and the Climate Change services and is based in the UK?
iv.
What is the situation with regard to the security elements of Galileo and
EGNOS and Copernicus:
o Access to the Galileo Public Regulated Service (PRS)37 is restricted,
and third countries may become PRS participants only after concluding
two agreements with the EU: a security of information agreement and an
agreement laying down the terms and conditions of the detailed rules for
access to the PRS38;
o Does UK withdrawal have implications for UK access to the
Copernicus security service, which provides information in support of
the civil security challenges of Europe and support for the Union's
external action;
v.
What is the situation with regard to ongoing and future procurements
involving the UK under the Galileo and EGNOS and Copernicus programmes,
particularly bearing in mind that procurements may be subject to measures to
protect the essential security interests? Would it be acceptable for a company
based in a third country to have a central role in the construction of Galileo or
Copernicus satellites?
vi.
In particular, what is the situation in relation to PRS procurements, since
security modules cannot be manufactured in a third country and the
manufacture of PRS receivers in a third country depends on the conclusion of
an agreement on detailed rules for access to the PRS (see point (v), first bullet
point)?
vii.
The role of the UK in the EU-GNSS Agency39 would need to be clarified40.
Any financial matters relating to the Agency would need to be resolved;
33
Regulation (EU) No 1285/2013 on the implementation and exploitation of European satellite navigation
systems.
34 Regulation (EU) No 377/2014 establishing the Copernicus Programme.
35
For example, the back-up site for the Galileo Security Monitoring Centre is located in the UK, and the UK has
a role in the Copernicus ground segment.
36
The Centre is an independent intergovernmental organisation, supported by 34 states.
37 The PRS is the Galileo service for government-authorised users only. See in particular Decision No
1104/2011/EU on the rules for access to the public regulated service provided by the global navigation satellite
system established under the Galileo programme. 38
Negotiations for an agreement on the detailed rules for access to the PRS are under way with Norway and the
United States of America. 39 Established by Regulation (EU) 912/2010, as amended by Regulation (EU) No 512/2014.
40
The Agency is open to the participation of third countries on the basis of an international agreement. viii.
3.
4.
41
Clarification is needed on possible future UK involvement in the Galileo and
EGNOS and Copernicus programmes, including any possible financial
contribution;
The Space Surveillance and Tracking (SST) Support Framework41 provides for
the establishment of a consortium of Member States that own and operate the
necessary sensors for tracking spacecraft and space debris and process the relevant
data. The UK is part of this consortium, but there is no provision for third countries to
take part in the consortium. Should the UK continue to participate in some capacity
and make a financial contribution and how should that be arranged (this would likely
require an international agreement)? Moreover, what will be the status of funding
allocated to the UK in the current MFF period?
How will UK withdrawal affect funding for space in the next MFF? This is in a
context where the EU will seek to continue financing Galileo and EGNOS and
Copernicus and has plans to launch a GOVSATCOM initiative42 (on governmental
satellite communication) and to turn the current SST service into a comprehensive
Space Situational Awareness programme (to address also space weather and cyber
alerts).
See Decision No 541/2014/EU. The Commission proposal is scheduled to be published at the end of 2017. 42