Esindaja nimetamine

Ref. Ares(2023)7200783 Ares(2023)3012635 - 23/10/2023 28/04/2023 Stakeholder Mechanism on Space Traffic Management (STM) Terms of References and Rules of Procedure Subgroup 3: Regulatory aspects of STM  Table of Contents 1. Background .................................................................................................................. 1 2. Subject matter and Structure ........................................................................................ 1 3. Tasks ............................................................................................................................ 2 4. Composition ................................................................................................................. 2 4.1. Chair and secretariat ................................................................................................... 2 4.2. Members ....................................................................................................................... 2 4.3. Invited experts .............................................................................................................. 2 4.4. Observers ..................................................................................................................... 3 5. Selection and Appointment .......................................................................................... 3 6. Rules of Procedure ....................................................................................................... 4 6.1. Operation of the group ................................................................................................. 4 6.2. Organisation of meetings ............................................................................................. 4 6.3. Meeting expenses ......................................................................................................... 4 6.4. Meeting documentation ................................................................................................ 4 6.5. Working methods .......................................................................................................... 5 6.6. Correspondence ........................................................................................................... 5 6.7. Access to documents ..................................................................................................... 5 7. Professional secrecy and handling of classified information ....................................... 5 8. Transparency ................................................................................................................ 6 9. Protection of personal data ........................................................................................... 6  1. BACKGROUND As set out in the Joint Communication1 of the Commission and the High Representative (HR) to the European Parliament and the Council, the ‘EU approach on Space Traffic Management (STM)’ builds on four parallel avenues: (1) assessing STM requirements and impacts for the EU, (2) enhancing EU operational capabilities to support STM, (3) fostering STM regulatory aspects, and (4) promoting the EU STM approach at the international level. The space sector is highly technical and requires the use of standards at every stage of the value chain. National, European and international standardisation bodies adopt space standards, other United Nations (UN) technical agencies play an important role in the establishment of sectorial world standards, and beyond the traditional standardisation bodies, several specific actors exist in the space sector. STM standards and guidelines have a direct impact on the safe and sustainable use of outer space. To this end, and as part of avenue (3), the EU proposes non-binding measures (standards and guidelines) and binding obligations (legislation) on STM at EU level. In this way, it plans to foster an EU common approach towards standards as these have a tangible effect on the shaping of the future global STM system. It intends to be at the forefront of the development of STM guidelines and standards, and to be proactive at ensuring the development of international standards where feasible and needed, and at developing its own EU standards whenever appropriate. In addition, the EU intends to prioritise the most impactful STM standards and guidelines, and to promote their implementation through relevant incentive measures, certification mechanisms, and, in the medium term, EU legislation. Subgroup 3 will therefore ensure effective information and coordination regarding STM standards and guidelines in close cooperation with the Member States, thereby ensuring a holistic EU approach on STM in international standardisation fora dealing with STM. It will also hold potential discussions regarding the development of future legislative proposals in the field of STM. 2. SUBJECT MATTER AND STRUCTURE 1. In line with elements of the Joint Communication, the Stakeholder Mechanism on Space Traffic Management (the ‘STM stakeholder mechanism’) consists of one main group and four subgroups. The four subgroups are a. Subgroup 1 ‘Civilian and military STM requirements of space operators’ b. Subgroup 2 ‘EU Industry and Start-ups Forum (EISF)’ c. Subgroup 3 ‘Regulatory aspects of STM’ d. Subgroup 4 ‘International dimension of STM’ 2. Subgroups shall examine specific questions on the basis of their Terms of Reference. 3. Subgroups may be organised into Working Groups dealing with specific subject-matters. 1 JOIN(2022) 4 final Latest update: 28/04/2023 1 STM ToRs subgroup3  4. Subgroups shall report to the main group of the STM stakeholder mechanism. 5. Subgroups shall be dissolved as soon as their mandate is fulfilled. 6. These Terms of References cover subgroup 3 of the STM stakeholder mechanism. 7. Subgroup 3 of the STM stakeholder mechanism is therefore set up. 3. TASKS The tasks of subgroup 3 shall be (a) to assist DG Defence Industry and Space (DG DEFIS) and European External Action Service (EEAS) in the preparation of legislative proposals and policy initiatives in the field of regulatory aspects for STM; (b) to develop new European and international standards, to promote selected standards and guidelines at the EU level, and to create a toolbox to assist Member States in licensing requests by satellite operators; (c) to establish cooperation and coordination between the Commission and Member States or stakeholders on questions relating to the preparation of EU legislation, programmes and policies in the field of regulatory aspects for STM; (d) to bring about an exchange of experience and good practice in the field of regulatory aspects for STM. 4. COMPOSITION 4.1. Chair and secretariat 1. Subgroup 3 shall be co-chaired by a representative of DG DEFIS and a representative of EEAS. 2. DG DEFIS shall provide secretarial services together with EEAS. 4.2. Members 1. Subgroup 3 shall be composed of up to 100 members. 2. Members shall be organisations, Member States' authorities, the European Defence Agency (EDA) and other public entities specialised in, developing, implementing and/or affected by regulatory aspects in STM. 4.3. Invited experts DG DEFIS and EEAS may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of subgroup 3 on an ad hoc basis. Latest update: 28/04/2023 2 STM ToRs subgroup3  4.4. Observers 1. DG DEFIS and EEAS may grant individuals, organisations or public entities other than Member States’ authorities an observer status through direct invitation or as a result of a call for participation. 2. Observers and their representatives may be permitted by DG DEFIS and EEAS to take part in the discussions of and provide expertise to subgroup 3. However, they shall not participate in the decision-making or the formulation of recommendations or advice. 5. SELECTION AND APPOINTMENT 1. The selection of the representatives from Member States’ authorities or other public entities shall take place by their respective administrations following a direct invitation by DG DEFIS and EEAS to nominate representatives for subgroup 3. Member States’ authorities and public entities shall be responsible for ensuring that their representatives provide a high level of expertise. 2. The selection of members from organisations shall be carried out via a public call for participation to be published on the DG DEFIS website. The call for participation shall clearly outline the selection criteria including the required expertise and the interests to be represented in relation to the work to be performed. The minimum deadline for applications shall be four weeks. 3. Organisations shall nominate their representatives and shall be responsible for ensuring that their representatives provide a high level of expertise. DG DEFIS and EEAS may refuse the nomination by an organisation of a representative if it considers this nomination inappropriate in the light of the requirements specified in the call for participation. In such a case, the organisation concerned shall be asked to appoint another representative. 4. Members that are organisations shall be appointed by DG DEFIS and EEAS from applicants with competences in the areas referred to in point 4.2 and who have responded to the call for participation. Registration in the Transparency Register2 is required for organisations to be appointed. 5. DG DEFIS and EEAS may establish a reserve list of suitable candidates that may be used to appoint members’ replacements. DG DEFIS and EEAS shall ask applicants for their consent before including their names on the reserve list. 6. Organisations and public entities appointed as observers shall nominate their representatives and shall be responsible for ensuring that their representatives provide a high level of expertise. 7. Members and observers shall be appointed for up to five years. 8. Members shall no longer be invited to participate in any meetings of subgroup 3 and may be replaced for the remainder of their term of office as soon as they a. are no longer capable of contributing effectively to the deliberations of subgroup 3, or 2 Transparency Register - Homepage (europa.eu) Latest update: 28/04/2023 3 STM ToRs subgroup3  b. in the opinion of DG DEFIS and EEAS, do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union, or c. resign from subgroup 3. 6. RULES OF PROCEDURE Subgroup 3 shall abide by the following rules of procedure. 6.1. Operation of the group 1. Subgroup 3 shall act at the request of DG DEFIS and EEAS. 2. In particular, and in the spirit of constructive, cross-sectorial and open dialogue, DG DEFIS and EEAS may decide to request subgroup 3 to exchange views and cooperate on specific questions together with the main group, other subgroups, or other relevant fora. 6.2. Organisation of meetings 1. Meetings of subgroup 3 are convened by DG DEFIS and EEAS on their own initiative or at the request of a simple majority of the members. 2. Joint meetings of subgroup 3 with the main group, other subgroups, or other relevant fora may be convened by DG DEFIS and EEAS to discuss matters falling within their respective areas of responsibility in order to exchange views and cooperate on specific questions. 3. Meetings of subgroup 3 shall in principle be held on Commission or EEAS premises, in hybrid mode or virtually depending on the circumstances. 4. Commission officials from other departments with an interest in the proceedings may attend meetings of subgroup 3. 5. Deliberations of subgroup 3 shall not be made public. 6.3. Meeting expenses 1. Participants in the activities of subgroup 3 shall not be remunerated for the services they offer. 2. Travel and subsistence expenses incurred by participants in the activities of subgroup 3 shall not be reimbursed. 6.4. Meeting documentation 1. The secretariat shall draw up the invitation and agenda and send them to the members no later than thirty calendar days before the meeting date. 2. The secretariat shall send documents on which subgroup 3 is consulted to the members no later than fourteen calendar days before the meeting date. 3. In urgent or exceptional cases, the time limits for sending the documentation mentioned in paragraphs 1 and 2 may be reduced to five calendar days before the meeting date. Latest update: 28/04/2023 4 STM ToRs subgroup3  4. The agenda shall be adopted by the members of subgroup 3 at the start of the meeting. 5. At each meeting, the secretariat shall draw up an attendance list and shall draft minutes on the discussion on each agenda point and on the opinions delivered by the members. These minutes shall be meaningful and complete. 6.5. Working methods 1. Subgroup 3 shall adopt its opinions, recommendations or reports by consensus. 2. If necessary, the opinion or recommendation of subgroup 3 on a specific question may be delivered via a written procedure. To this end, the secretariat shall send to the group members the document(s) on which subgroup 3 is being consulted. 3. However, if a simple majority of members asks for the question to be examined at a meeting, the written procedure shall be terminated without result and DG DEFIS and EEAS shall convene a meeting as soon as possible. 6.6. Correspondence 1. Correspondence relating to subgroup 3 shall be addressed to DG DEFIS and EEAS for the attention of the co-chairs and shall be sent to [email protected] and [email protected]. 2. Correspondence with group members shall be sent to the email address which they provide for that purpose. 6.7. Access to documents Applications for access to documents held by subgroup 3 shall be handled in accordance with Regulation (EC) No 1049/20013. 7. PROFESSIONAL SECRECY AND HANDLING OF CLASSIFIED INFORMATION The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of EU classified information, laid down in Commission Decisions (EU, Euratom) 2015/4434 and 2015/4445. Should they fail to respect these obligations, the Commission may take all appropriate measures. 3 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). 4 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 5 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). Latest update: 28/04/2023 5 STM ToRs subgroup3  8. TRANSPARENCY 1. As regards the composition of subgroup 3, the following data shall be published on the DG DEFIS website: (a) the name of Member States' authorities; (b) the name of other public entities, including the name of third countries’ authorities; (c) the name of member organisations; the interest represented shall be disclosed; (d) the name of observers. 2. All relevant documents, including membership lists, meeting agendas, meeting minutes and the participants’ submissions, shall be made available on the DG DEFIS website. In particular, DG DEFIS shall publish the meeting agenda and other relevant background documents in due time ahead of the meeting, followed by timely publication of meeting minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) N° 1049/20016. 9. PROTECTION OF PERSONAL DATA 1. DG DEFIS published a privacy statement on the DG DEFIS website providing further information on the processing and protection of personal data in relation to the STM stakeholder mechanism. 2. The Commission and the HR are committed to protect personal data and to respect privacy. The Commission and the HR collect and further process personal data pursuant to Regulation (EU)2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the EU institutions, bodies, offices and agencies and on the free movement of such data.7 Done in Brussels, on Friday 28 April 2023. 6 These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution's decision-making process. 7 DPR-EC-019891 ‘Processing of personal data linked the stakeholder mechanism on Space Traffic Management (STM)’ Electronically signed on 28/04/2023 09:16 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121 Latest update: 28/04/2023 6 STM ToRs subgroup3 Ref. Ares(2023)7200783 - 23/10/2023 NOTE FOR THE ATTENTION OF THE PERMANENT REPRESENTATIONS OF EU MEMBER STATES TO THE EU Subject: Invitation to nominate members for subgroup 3 on regulatory aspects of the Stakeholder Mechanism on Space Traffic Management (STM) Dear colleagues, As announced in the Space Working Party on 13 June 2023, the Commission and the European External Action Service (EEAS) are setting up an STM Stakeholder Mechanism. This mechanism will enable us to carry out a set of actions aimed at implementing an EU Approach on STM as outlined in the Joint Communication on Space Traffic Management (JOIN(2022)4). In line with section 2.3 and reflecting the four avenues of that Joint Communication, the STM Stakeholder Mechanism will consist of one Main Group and four Subgroups: Subgroup 1 ‘Civilian and military STM requirements of space operators’, Subgroup 2 ‘EU Industry and Start-ups Forum (EISF)’, Subgroup 3 ‘Regulatory aspects of STM’, and Subgroup 4 ‘International dimension of STM’. We would therefore like to invite you to nominate one member and one alternate for the STM subgroup 3 on regulatory STM aspects. Nominated delegates should be knowledgeable in space traffic management, space surveillance and tracking and/or space sustainability, and/or on international standards, industry guidelines and best practices. You will find more details in the enclosed Terms of References. Please kindly ask your nominated delegates to register via EUSurvey by 31/12/2023. The first meeting of the STM subgroup 3 will take place on 5 February 2024 a.m. (online) co-chaired by the Commission and the EEAS. We will share relevant materials and connection details with your nominated delegates in the coming weeks. For questions, please contact [email protected] and [email protected]. Yours faithfully,  (e-signed) (e-signed) Regina PELDSZUS Rodolphe MUNOZ European External Action Service European Commission, SECDEFPOL.5 DEFIS.B.1 Secure Connectivity and Space Surveillance Enclosure: Terms of References and Rules of Procedure – STM Subgroup 3 2 Electronically signed on 20/10/2023 18:12 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121