Prováděcí rozhodnutí Komise (EU) 2022/1245 ze dne 15. července 2022, kterým se stanoví pravidla a postupy pro uplatňování nařízení Evropského parlamentu a Rady (EU) 2021/696, pokud jde o účast členských států v dílčí složce SST, vytvoření partnerství SST a vypracování počátečních klíčových ukazatelů výkonnosti

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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/EUOJ L 170, 12.5.2021, p. 69 . , and in particular Articles 57(4), 58(3) and 58(8) thereof,

This Decision sets out detailed provisions concerning the procedures for the participation of the Member States in the Space Surveillance and Tracking (SST) Partnership, as referred to in Article 58(1) of Regulation (EU) 2021/696.

This Decision specifies the elements necessary for the Member States to comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696 for the establishment of the SST Partnership, as referred to in Article 57(4) of Regulation (EU) 2021/696.

This Decision establishes the initial key performance indicators and rules on the functioning of the SST Partnership, as referred to in 58(3) of Regulation (EU) 2021/696.

OJ L 170, 12.5.2021, p. 69 .

(1) Decision No 541/2014/EU of the European Parliament and of the CouncilDecision No 541/2014/EU of the European Parliament and of the Council of 16 April 2014 establishing a Framework for Space Surveillance and Tracking Support (OJ L 158 27.5.2014, p. 227 ). established a Framework for Space Surveillance and Tracking (SST) Support. On the basis of that Decision, a group of Member States created the SST Consortium with the objective of providing the following SST services: risk assessment of collision, detection and characterisation of in-orbit fragmentations, and risk assessment of the uncontrolled re-entry of space objects into the Earth’s atmosphere.

(2) In accordance with Regulation (EU) 2021/696, amongst the general objectives of the Union space programme, are to enhance safety, security and sustainability of all outer space activities pertaining to space objects and debris proliferation, as well as space environment, by implementing appropriate measures, including development and deployment of technologies for spacecraft disposal at the end of operational lifetime and for space debris disposal.

(3) The SST partnership referred to in Article 58(2) of Regulation (EU) 2021/696 should take over the activities performed by the SST Consortium regarding the provision of SST services at Union level, while ensuring a smooth transition and the continuity of the provision of SST services.

(4) Pursuant to Article 57 of Regulation (EU) 2021/696, any Member State is to be able to participate in the SST sub-component, while having due regard to the criteria set out for participation therein. In order to encourage Member States’ participation, the steps of the procedure should be detailed as clearly as possible.

(5) The participation of Member States in the SST Partnership is voluntary and subject to the assessment of the compliance criteria. It is therefore important that the selection procedure is clearly defined and streamlined.

(6) Pursuant to Article 57(1) of Regulation (EU) 2021/696, Member States are to submit a single joint proposal including all the Member States wishing to participate in the SST Partnership. However, pursuant to Article 57(3), if no joint proposal is submitted to the Commission or if the joint proposal does not comply with the criteria listed in Article 57(1), at least five Member States may submit a joint proposal to the Commission.

(7) Pursuant to Article 57(3), Member States are allowed to present competing offers. In the case where competing offers are presented, the Commission is to select one.

(8) In accordance with Article 57 of Regulation (EU) 2021/696, rules are to be developed for the use and exchange of SST data.

(9) The Member States’ proposal is to comply with the criteria and specifications listed in Article 57(1) and in this Decision.

(10) Individual conditions, collective conditions and detailed rules on the functioning of the organisational framework of the participation of Member States in SST should be based on the practices developed by the SST Consortium and aim to ensure the delivery of the most efficient SST services and best value for money.

(11) Key performance indicators have been developed in the framework of the activities performed by the SST Consortium during the last six years. They aim to ensure the control of the quality of the SST services.

(12) In order to ensure the establishment of the SST Partnership, it is necessary to implement a transparent and smooth procedure for the participation of Member States. Each steps of the procedure should be presented and the criteria, on which the selection would be based, should be enumerated and detailed.

(13) After the establishment of the SST Partnership, the development of key performance indicators is necessary in order to ensure that the SST Partnership activities are correctly supervised.

(14) In order for the SST Partnership to become operational, a smooth transition between the activities carried out by the SST Consortium established under Decision No 541/2014/EU and the SST Partnership should be established and SST Partnership should liaise with the SST front desk selected by the Commission in accordance with Article 59(1) of Regulation (EU) 2021/696. The Commission which has overall responsibility for the implementation of the Space Programme as indicated in Article 28(1) of Regulation (EU) 2021/696, should be informed of the progresses made by the SST Partnership as regards the completion of its operational capacity to provide SST services at least three months after the signature of the SST Partnership.

(15) The measures provided for in this Decision are in accordance with the opinion of the SSA Committee,

For the purposes of this Decision, the definitions set out in Annex IV and the following definitions apply:

Decision No 541/2014/EU of the European Parliament and of the Council of 16 April 2014 establishing a Framework for Space Surveillance and Tracking Support (OJ L 158 27.5.2014, p. 227 ).

Article 1 Article 1 Subject matter 1.This Decision sets out detailed provisions concerning the procedures for the participation of the Member States in the Space Surveillance and Tracking (SST) Partnership, as referred to in Article 58(1) of Regulation (EU) 2021/696. 2.This Decision specifies the elements necessary for the Member States to comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696 for the establishment of the SST Partnership, as referred to in Article 57(4) of Regulation (EU) 2021/696. 3.This Decision establishes the initial key performance indicators and rules on the functioning of the SST Partnership, as referred to in 58(3) of Regulation (EU) 2021/696.

Article 2 Article 2 Definitions

Article 3 Article 3 Classified information 1.Where the proposal contains classified information, Council Decision 2013/488/EUCouncil Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1 ). as well as Commission Decision (EU, Euratom) 2015/444Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53 ). shall apply. The level of classification of that information shall not exceed RESTREINT UE/EU RESTRICTED. 2.Where the proposal contains classified information, it shall include an executive summary which shall not include any classified information.

Article 4 Article 4 Procedure for submission of a joint proposal under Article 57(1) of Regulation (EU) 2021/696 1.The applicant Member Statesshall draft a joint proposaland submit it to the Commission. The proposal is to comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in Article 7 of this Decision. 2.The Commission shall evaluate the proposal. The Commission may communicate with the applicant Member States by sending questions and comments on the proposal to the Member State contact point referred to in Article 7(1). Applicant Member States shall reply within four weeks and, if appropriate, update the proposal. The answers shall be sent by the Member State designated to serve as contact point in the exchanges with the Commission according to Article 7(1). 3.Applicant Member States shall be informed of the outcome of the analysis performed by the Commission both by registered post mail and in electronic format. 4.The proposal referred to in paragraph 1 shall be submitted within a period of 18 months after the publication of Regulation (EU) 2021/696. Upon the request of the Member States or the Commission, that period can be extended by 3 months.

Article 5 Article 5 Procedural steps for submission of a proposal under Article 57(3) of Regulation (EU) 2021/696

Article 6 Article 6 Signature, publication of the information and other arrangements 1.The Constituting National Entities shall sign the SST Partnership Agreement within six weeks after the acceptance of the proposal by the Commission. If no such agreement is signed, the procedure of Article 57(3) of Regulation (EU) 2021/696 shall be initiated. 2.The SST Partnership Agreement shall be sent to the Commission by registered post mail or by any other mean attesting the effective date of delivery and the validity of the document, including by electronic signature. 3.The Commission shall publish on its website the list of the Participating Member States. 4.The SST Partnership shall establish direct contact with the European Union Agency for the Space Programme (EUSPA)regarding the activities of the SST Front Desk in order to conclude the necessary implementing arrangements laid down in Article 59 of Regulation (EU) 2021/696.

Article 7 Article 7 Detailed conditions to demonstrate compliance with criteria under Article 57(1) of Regulation (EU) 2021/696 1.Applicant Member States shall designate among themselves a Member State which shall serve as a contact point for the purposes of the communication with the Commission as referred to in Articles 4(2) and 5(2). 2.The proposal shall contain: (a) the draft SST Partnership agreement and all the documentation listed in Annex III;(b) the name and the contact details of the applicant Member State which has been designated in accordance with paragraph 1. 3.The proposal and the information referred to in paragraph 2, point (b), shall comply with the conditions set out in Annex I.

Article 8 Article 8 Other conditions

Article 9 Article 9 The functioning of the organisational framework of the participation of Member States in SST

(1) SST Consortium means the Consortium of designated national entities established under Article 7(3) of Decision No 541/2014/EU;

Article 10 Article 10 The key performance indicators 1.Participating Member States shall develop the necessary mechanisms in order to establish and monitor the key performance indicators listed in Annex II. 2.The SST Partnership shall report to the Commission every year during the Yearly Operational Review on the results of the key performance indicators.

Article 11 Article 11 Transition from the SST Consortium to the SST Partnership 1.The setting up of the SST Partnership’s activities shall start immediately after the signature of the SST Partnership Agreement. 2.The SST Partnership shall establish contact with the SST Consortium referred to in Article 7(3) of Decision No 541/2014/EU in order to ensure the smooth transfer of the activities. 3.The Front Desk shall be considered operational once all the activities have been handed over to it and the implementing arrangements between the Constituting National Entities and the Front Desk have been signed. 4.The SST Partnership shall be ready to start providing SST services 3 months after the signature of the SST Partnership Agreement.

Article 12 Article 12 Entry into force

(2) the proposal means the draft SST Partnership Agreement and all the documentation listed in Annex III to be sent by the applicant Member States as part of their proposal to the Commission;

(3) Applicant Member States means the Member States having submitted a joint proposal regarding participation in the SST Partnership;

(4) Yearly Operation Reviews (YOR) The operation activities, including operation of the service provision function, operation of the processing function and operation of the sensor function, shall be monitored through an annual Operation review in order to review the global behaviour of EU-SST system, to manage its overall performance and availability;

(5) Participating Member States means the Member States participating in the SST Partnership.

Where the proposal contains classified information, Council Decision 2013/488/EUCouncil Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1 ). as well as Commission Decision (EU, Euratom) 2015/444Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53 ). shall apply. The level of classification of that information shall not exceed RESTREINT UE/EU RESTRICTED.

Where the proposal contains classified information, it shall include an executive summary which shall not include any classified information.

Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1 ).

The applicant Member Statesshall draft a joint proposaland submit it to the Commission. The proposal is to comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in Article 7 of this Decision.

The Commission shall evaluate the proposal. The Commission may communicate with the applicant Member States by sending questions and comments on the proposal to the Member State contact point referred to in Article 7(1). Applicant Member States shall reply within four weeks and, if appropriate, update the proposal. The answers shall be sent by the Member State designated to serve as contact point in the exchanges with the Commission according to Article 7(1).

Applicant Member States shall be informed of the outcome of the analysis performed by the Commission both by registered post mail and in electronic format.

The proposal referred to in paragraph 1 shall be submitted within a period of 18 months after the publication of Regulation (EU) 2021/696. Upon the request of the Member States or the Commission, that period can be extended by 3 months.

Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53 ).

Where no joint proposal has been submitted in accordance with Article 57(1) of Regulation (EU) 2021/696 or the Commission considers that a joint proposal thus submitted does not comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, a second phase shall be opened. That phase shall comprise the following steps:

(1) At least five applicant Member States shall draft one or several proposals and submit them to the Commission. Each Member State may be part of only one proposal. The proposal(s) shall comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in Article 7 of this Decision.

(2) The Commission shall evaluate the proposal(s). The Commission may communicate with the applicant Member States by sending questions and comments on the proposal to the Member States’ contact points mentioned in Article 7. Applicant Member States shall reply within four weeks and if appropriate update the proposal. The answers shall be sent by the Member State designated to serve as contact point in the exchanges with the Commission pursuant to Article 7(1).

(3) In case of a single proposal, the Commission shall evaluate if the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in this Decision, are fulfilled.

(4) In case of several proposals, the Commission shall select the offer which ensures the best performance taking into account the fulfilment of the selection’s criteria. The selection shall be based on the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in this Decision. The Commission shall take into consideration the following qualitative elements:(a) the best functional and technical architecture;(b) the principle of avoidance of unnecessary duplication;(c) the demonstration of the performance of the SST system proposed.

(a) the best functional and technical architecture;

(b) the principle of avoidance of unnecessary duplication;

(c) the demonstration of the performance of the SST system proposed.

(5) Proposal(s) referred to paragraph 1 shall be submitted within 2 months after the decision of the Commission, in accordance with Article 57(3) of Regulation (EU) 2021/696 to reject a joint proposal or 2 months after the end of the deadline established in Article 4(4) in case no joint proposal has been submitted in accordance with Article 57(1) of Regulation (EU) 2021/696.

The Constituting National Entities shall sign the SST Partnership Agreement within six weeks after the acceptance of the proposal by the Commission. If no such agreement is signed, the procedure of Article 57(3) of Regulation (EU) 2021/696 shall be initiated.

The SST Partnership Agreement shall be sent to the Commission by registered post mail or by any other mean attesting the effective date of delivery and the validity of the document, including by electronic signature.

The Commission shall publish on its website the list of the Participating Member States.

The SST Partnership shall establish direct contact with the European Union Agency for the Space Programme (EUSPA)regarding the activities of the SST Front Desk in order to conclude the necessary implementing arrangements laid down in Article 59 of Regulation (EU) 2021/696.

Applicant Member States shall designate among themselves a Member State which shall serve as a contact point for the purposes of the communication with the Commission as referred to in Articles 4(2) and 5(2).

The proposal shall contain:

(a) the draft SST Partnership agreement and all the documentation listed in Annex III;

(b) the name and the contact details of the applicant Member State which has been designated in accordance with paragraph 1.

The proposal and the information referred to in paragraph 2, point (b), shall comply with the conditions set out in Annex I.

The proposal shall be sent to the following address: SST – Unit B1 European Commission DG DEFIS BREYDEL Avenue d'Auderghem 45 B-1049 Brussels BELGIUM

Participating Member States shall ensure that the organisational framework of their participation complies with the conditions set out in Annex I.

Participating Member States shall develop the necessary mechanisms in order to establish and monitor the key performance indicators listed in Annex II.

The SST Partnership shall report to the Commission every year during the Yearly Operational Review on the results of the key performance indicators.

The setting up of the SST Partnership’s activities shall start immediately after the signature of the SST Partnership Agreement.

The SST Partnership shall establish contact with the SST Consortium referred to in Article 7(3) of Decision No 541/2014/EU in order to ensure the smooth transfer of the activities.

The Front Desk shall be considered operational once all the activities have been handed over to it and the implementing arrangements between the Constituting National Entities and the Front Desk have been signed.

The SST Partnership shall be ready to start providing SST services 3 months after the signature of the SST Partnership Agreement.

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .

HAS ADOPTED THIS DECISION: