Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027

General principles of security accreditation

Security accreditation activities related to the Programme shall be conducted in accordance with the principles laid down in Article 37, points (a) to (j), of Regulation (EU) 2021/696. For the purposes of this Regulation, the term component in Article 37 of Regulation (EU) 2021/696 shall be read as governmental infrastructure and all the references to Article 34(2) of Regulation (EU) 2021/696 shall be construed as references to Article 27(2) of this Regulation.

Article 34

Tasks and composition of the Security Accreditation Board

1. Article 38, with the exception of paragraph 2, points (c) to (f), and of paragraph 3, point (b), and Article 39 of Regulation (EU) 2021/696 shall apply to the Programme.

1. The Security Accreditation Board shall have the following tasks, in addition to those referred to in paragraph 1:

(a) examining and, except as regards documents which the Commission is to adopt under Article 30(3), approving all documentation relating to security accreditation;

(b) advising, within its field of competence, the Commission on the production of draft texts for the acts referred to in Article 30(3), including for the establishment of security operating procedures, and providing a statement with its concluding position;

(c) examining and approving the security risk assessment drawn up in accordance with the monitoring process referred to in Article 37, point (h), of Regulation (EU) 2021/696 and the risk and threat analysis drawn up in accordance with Article 30(3) of this Regulation, and cooperating with the Commission to establish risk mitigation measures.

1. In addition to paragraph 1 and on an exceptional basis, only representatives of the contractors involved in governmental infrastructure and services may be invited to attend the meetings of the Security Accreditation Board, as observers, for matters directly relating to those contractors. The arrangements and conditions for their attendance shall be laid down in the rules of procedure of the Security Accreditation Board.

Article 35

Voting rules of the Security Accreditation Board

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(3).

Article 40

Access to the governmental services by third countries and international organisations

Third countries and international organisations may have access to the governmental services provided that they:

(a) conclude an agreement, in accordance with Article 218 TFEU, laying down the terms and conditions for access to governmental services;

(b) comply with Article 43(1) of Regulation (EU) 2021/696.

For the purposes of this Regulation, the references to the Programme in Article 43(1) of Regulation (EU) 2021/696 shall be construed as references to the Programme established by this Regulation.

CHAPTER VIII

Programming, monitoring, evaluation and control

Article 41

Programming, monitoring and reporting

1. The Programme shall be implemented by work programmes as referred to in Article 110 of the Financial Regulation. The work programmes shall set out the actions and associated budget required to meet the objectives of the Programme and, where applicable, the overall amount reserved for blending operations. The work programmes shall complement the work programmes for GOVSATCOM component, as referred to in Article 100 of Regulation (EU) 2021/696.

The Commission shall adopt the work programmes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(3).

1. Indicators to report on progress of the Programme towards the achievement of the general and specific objectives referred to in Article 3 are set out in the Annex.

1. The Commission is empowered to adopt delegated acts, in accordance with Article 45, to amend the Annex with regard to the indicators where considered necessary as well as to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

1. Where imperative grounds of urgency so require, the procedure provided for in Article 46 shall apply to delegated acts adopted pursuant to this Article.

1. The performance reporting system shall ensure that data for monitoring the implementation and the results of the Programme are collected efficiently, effectively and in a timely manner.

To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where appropriate, on Member States.

1. For the purposes of paragraph 2, the recipients of Union funds shall provide appropriate information. The data necessary for the verification of the performance shall be collected in an efficient, effective and timely manner.

Article 42

Evaluation

1. The Commission shall carry out evaluations of the Programme in a timely manner to feed into the decision-making process.

1. By 21 March 2024 and every year thereafter, the Commission shall inform the European Parliament and the Council of the main findings regarding the initial implementation of the Programme, including the completion of definition activities, the consolidation of user needs and implementation plans, as well as the views of relevant stakeholders at Union and national level.

1. By 30 June 2026, the Commission shall evaluate the implementation of the Programme in light of the objectives referred to in Article 3. To that end, the Commission shall assess:

(a) the performance of the secure connectivity system and services provided under the Programme, in particular low latency, reliability, autonomy and worldwide access;

(b) the governance and implementation models, and their efficiency;

(c) the evolution of needs of the users of the Programme;

(d) the synergy and complementarity of the Programme with other Union programmes, in particular GOVSATCOM and the other components of the Union Space Programme;

(e) the evolution of available capacities, innovations, and development of new technologies in the space ecosystem;

(f) the participation of start-ups and SMEs throughout the Union;

(g) the environmental impact of the Programme taking account of the criteria set out in Article 8;

(h) any cost overruns, the timeliness in meeting the established project deadlines and the effectiveness of the governance and management of the Programme;

(i) the effectiveness, efficiency, relevance, coherence, and Union added value of the Programme’s activities.

If appropriate, the evaluation shall be accompanied by an appropriate proposal.

1. The evaluation of the Programme shall take into consideration the results of the evaluation of the GOVSATCOM component pursuant to Article 102 of Regulation (EU) 2021/696.

1. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

1. The entities involved in the implementation of this Regulation shall provide the Commission with the data and information necessary for the evaluation referred to in paragraph 1.

1. Two years after the full operational capability, and every two years thereafter, the Agency shall issue a market report, after consulting relevant stakeholders, on the impact of the Programme on the Union commercial satellite upstream and downstream industry with a view to ensuring the minimum possible impact on competition and the maintenance of incentives to innovate.

Article 43

Audits

Audits on the use of the Union contribution carried out by persons or entities, including by others than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.

Article 44

Personal data and privacy protection

All personal data handled in the context of the tasks and activities provided for in this Regulation, including by the Agency, shall be processed in accordance with the applicable law on personal data protection, in particular Regulations (EU) 2016/679

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 (OJ L 119, 4.5.2016, p. 1).

and (EU) 2018/1725 of the European Parliament and of the Council

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 Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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CHAPTER IX

Delegated and implementing acts

Article 45

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts referred to in Articles 8(4) and 41(3) shall be conferred on the Commission until 31 December 2028.

1. The delegation of power referred to in Articles 8(4) and 41(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

1. 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.

1. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

1. A delegated act adopted pursuant to Article 8(4) or Article 41(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and 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 two months at the initiative of the European Parliament or of the Council.

Article 46

Urgency procedure

1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

1. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 45(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

Article 47

Committee procedure

1. The Commission shall be assisted by the Programme committee established by Article 107 of Regulation (EU) 2021/696, in the GOVSATCOM configuration. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

For the purposes of the adoption of implementing acts referred to in Articles 5(3) and 30(3) of this Regulation, the Programme committee referred to in the first subparagraph of this paragraph shall meet in the security configuration referred to in Article 107(1), point (e), of Regulation (EU) 2021/696.

For the purposes of the adoption of implementing acts referred to in Articles 9(2) and 10(4) of this Regulation, the Programme committee in the security configuration referred to in Article 107(1), point (e), of Regulation (EU) 2021/696 shall be duly involved.

1. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

1. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

1. Where the Programme committee delivers no opinion on the draft implementing act referred to in Article 30(3) of this Regulation, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph of Regulation (EU) No 182/2011 shall apply.

CHAPTER X

Transitional and final provisions

Article 48

Information, communication and publicity

1. The recipients of Union funding shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

1. The Commission shall implement information and communication actions relating to the Programme, to actions taken pursuant to the Programme and to the results obtained.

1. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives referred to in Article 3.

Article 49

Continuity of services after 2027

If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses necessary to fulfil the objectives referred to in Article 3, to enable the management of actions not completed by the end of the Programme, and to cover the expenses of critical operational activities and services provision.

Article 50

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 15 March 2023.

For the European Parliament

The President

R. Metsola

For the Council

The President

J. Roswall

Annex

ANNEX

INDICATORS FOR THE EVALUATION OF THE PROGRAMME

The Programme will be monitored closely on the basis of a set of indicators intended to measure the extent to which the specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators:

1. General objective referred to in Article 3(1), point (a):

Indicator 1.1:

Member States governments and Union institutions, bodies, offices and agencies can access a set of first governmental services in 2024

Indicator 1.2:

Member States governments and Union institutions, bodies, offices and agencies can access full operational capability that meets the user needs and demand determined in the service portfolio in 2027

Indicator 1.3:

Percentage of governmental service availability for each deployed governmental service

Indicator 1.4:

Speed, bandwidth and latency performance for each deployed governmental service worldwide

Indicator 1.5:

Percentage of geographical availability of all deployed governmental services within Member States territories

Indicator 1.6:

Percentage of services deployed related to the service portfolio

Indicator 1.7:

Percentage of available capacity for each deployed service

Indicator 1.8:

Cost to completion

Indicator 1.9:

Programme participants and number of third countries and international organisations participating in the Programme in accordance with Article 39

Indicator 1.10:

Evolution of satellites capacities purchased by Union institutions from non-Union actors

Indicator 1.11:

Number of launches not carried out from Union territory, or from the territory of members of EFTA which are members of the EEA

Indicator 1.12:

Number of government-authorised users in the Union

1. General objective referred to in Article 3(1), point (b):

Indicator 2.1:

Percentage of commercial service availability

Indicator 2.2:

Speed, bandwidth, reliability and latency performance of the commercial satellite broadband service worldwide

Indicator 2.3:

Percentage of communication dead zones in Member States territories

Indicator 2.4:

Amount invested by private sector

1. Specific objective referred to in Article 3(2), point (a):

Indicator 3.1:

GOVSATCOM Hubs can provide services stemming from the secure connectivity system

Indicator 3.2:

Full integration of existing capacity from the Union pool via the integration of GOVSATCOM ground infrastructure

1. Specific objective referred to in Article 3(2), point (b):

Indicator 4.1:

Annual number of major outages of the telecommunication networks in the Member States due to crisis situations mitigated by the governmental services offered by the secure connectivity system

Indicator 4.2:

Government-authorised users’ satisfaction with the performance of the secure connectivity system measured through annual survey

Indicator 4.3:

Validation and accreditation of different technologies and communication protocols

1. Specific objective referred to in Article 3(2), point (c):

Indicator 5.1:

Number of in orbit and functional satellites needed for the functioning of the EuroQCI

1. Specific objective referred to in Article 3(2), point (d):

Indicator 6.1:

Number of satellites per orbital slot in 2025, 2026 and 2027

1. Specific objective referred to in Article 3(2), point (e):

Indicator 7.1:

Governmental infrastructure and related governmental services which obtained security accreditation

Indicator 7.2:

Annual number and severity of impact of cybersecurity incidents and number of electromagnetic disturbances related to the secure connectivity system (classified)

1. Specific objective referred to in Article 3(2), point (f):

Indicator 8.1:

Number of satellite subsystems, including payloads, serving other components of the Union Space Programme

1. Specific objective referred to in Article 3(2), point (g):

Indicator 9.1:

Number of start-ups, of SMEs and of mid-caps involved in the Programme and the related percentages of contract value

Indicator 9.2:

Overall percentage of the value of the contracts subcontracted by the prime tenderers to SMEs, other than those affiliated with the tenderer’s group, and share of their cross-border participation

Indicator 9.3:

Number of Member States from which start-ups and SMEs are involved in the Programme

1. Specific objective referred to in Article 3(2), point (h):

Indicator 10.1:

Number of new satellite communication users in geographical areas of strategic interest outside the Union

Indicator 10.2:

Percentage of geographical availability of required services within areas of strategic interest outside the Union

Indicator 10.3:

Number of countries where the satellite broadband is available to consumers

1. Specific objective referred to in Article 3(2), point (i):

Indicator 11.1:

Greenhouse gas footprint of development, production and deployment of the Programme

Indicator 11.2:

Number of active satellites, decommissioned and recovered satellites

Indicator 11.3:

Number of space debris generated by the constellation

Indicator 11.4:

Number of close encounters

Indicator 11.5:

Ephemeris data of the satellites shared with EU SST consortium

Indicator 11.6:

Appropriate measure of the effect of light reflection on astronomical observations

Two statements have been made with regard to this act and can be found in OJ C 101, 17.3.2023, p. 1 and at the following link[s]: ….