Council Decision (EU) 2024/1213 of 19 March 2024 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the United States of America setting forth security procedures for the launch of Galileo satellites from United States’ territory

Official Journal EN of the European Union L series 2024/1213 3.5.2024 COUNCIL DECISION (EU) 2024/1213 of 19 March 2024 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the United States of America setting forth security procedures for the launch of Galileo satellites from United States’ territory THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189, in conjunction with Article 218(5) thereof, Having regard to the proposal from the European Commission,

Whereas:

(1) The cancellation of two Soyuz launches from the Guiana Space Centre in April and September 2022 and the announced delay of Ariane-6 necessitate that the Union finds alternatives in order to resume urgently the launches of Galileo satellites. That is critical to ensure the proper operation of the Galileo system, which is part of the Union Space Programme established by Regulation (EU) 2021/696 of the European Parliament and of the Council (1).

(2) The Union has a longstanding cooperation with the United States on satellite navigation. The Agreement on the promotion, provision and use of Galileo and GPS satellite-based navigation systems and related applications between the European Community and its Member States, of the one part, and the United States of America, of the other part (2) entered into force on 12 December 2011.

(3) On 23 November 2023, the Council authorised the opening of negotiations on behalf of the Union with a view to concluding an agreement between the Union and the United States laying down security procedures for the launch of Galileo satellites from United States’ territory.

(4) The negotiations for the Agreement between the European Union and the United States of America setting forth security procedures for the launch of Galileo satellites from United States’ territory (the ‘Agreement’) were successfully completed.

(5) The Agreement between the European Union and the Government of the United States of America on the security of classified information (3) will apply to EU classified information provided to the United States.

(6) The Agreement should be signed, subject to its conclusion at a later date. Given the time sensitivity of the Galileo launches, the Agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force,

HAS ADOPTED THIS DECISION:

Article 1 The signing, on behalf of the Union, of the Agreement between the European Union and the United States of America setting forth security procedures for the launch of Galileo satellites from United States’ territory (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement (4).

Article 2 The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

(1) 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).

(2) OJ L 348, 31.12.2011, p. 3.

(3) OJ L 115, 3.5.2007, p. 30.

(4) The text of the Agreement is published in OJ L, 2024/1214, 3.5.2024, ELI: http://data.europa.eu/eli/agree_internation/ 2024/1214/oj.

ELI: http://data.europa.eu/eli/dec/2024/1213/oj 1/2EN OJ L, 3.5.2024 Article 3

1. Subject to reciprocity, the Agreement shall be applied on a provisional basis, in accordance with Article 12(2) thereof (5), pending the completion of the procedures necessary for its entry into force.

2. The Union shall notify the United States of the completion of the Union’s internal procedures necessary for provisional application in accordance with Article 12(2) of the Agreement. The President of the Council shall, on behalf of the Union, give the notification provided for in this paragraph.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 19 March 2024.

For the Council The President H. LAHBIB

(5) The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by General Secretariat of the Council.

2/2 ELI: http://data.europa.eu/eli/dec/2024/1213/oj