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12 FEBRUARY 2009. - Act enacting the Agreement on Cooperation concerning a Global Navigation Satellite System (GNSS) for Civil Use between the European Community and its Member States and the Kingdom of Morocco, done in Brussels on 12 December 2006 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Cooperation concerning a Global Navigation Satellite System (GNSS) for Civil Use between the European Community and its Member States and the Kingdom of Morocco, made in Brussels on 12 December 2006, will come out its full and full effect.
Art. 3. The amended or supplementary rules to be adopted in accordance with Articles 4, § 1^er, 7, paragraph 2, and 12, § 4, of the Cooperation Agreement, shall come out their full and full effect, at the date that these rules determine.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, February 12, 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Science Policy,
Mrs. S. LARUELLE
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice
S. DE CLERCK
Notes
(1) 2007-2008 and 2008-2009 session.
Senate.
Documents.- Bill tabled on 5 September 2008, No. 4-914/1. - Report, No. 4-914/2
Annales parliamentarians. - Discussion, meeting of 6 November 2008. - Vote, meeting of 6 November 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1576/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1576/2
Annales parliamentarians. - Discussion, meeting of November 27, 2008. - Vote, meeting of 27 November 2008.

Cooperation agreement on a global navigation satellite system (GNSS) for civilian use between the European Community and its member States and the Kingdom of Morocco
THE EUROPEAN COMMUNITY, hereafter referred to as the "Community",
and
BELGIUM,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
IRILAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
parties to the Treaty establishing the European Community, referred to as "Member States",
on the one hand,
and
LE ROYAUME DU MAROC, ci-après dit "le Maroc",
on the other hand,
hereafter referred to as "the parties"
Considering the common interest in the development of a global navigation system (GNSS) for civilian use;
Recognizing the importance of the GALILEO programme for its contribution to navigation and information infrastructure in Europe and Morocco;
Taking into account the growing development of GNSS applications in Morocco, Europe and other regions of the world;
Wishing to strengthen cooperation between Morocco and the Community, and taking into account the Euro-Mediterranean agreement establishing an association between the European Communities and their Member States, on the one hand, and the Kingdom of Morocco, on the other hand (1), entered into force on 1^er March 2000 (hereinafter referred to as the March 2000 Association Agreement),
The following agreed:
Article 1^er
Purpose of the agreement
The objective of the agreement is to encourage, facilitate and improve cooperation between the parties as part of the contributions of Europe and Morocco to a global navigation satellite system (GNSS) for civilian use.
Article 2
Definitions
For the purposes of this Agreement:
"extension", regional or local mechanisms, such as the European system of navigation by geostationary recovery (EGNOS). They provide users with navigation and satellite synchronization signals with input information in addition to information from the main constellations in service, as well as additional distance/pseudodistance information, or corrections or enhancements of existing pseudo-distance information. These mechanisms allow users to achieve better performance, including accuracy, availability, integrity and reliability;
"GNSS", a global navigation satellite system (Global Navigation Satellite System), which provides signals for navigation and satellite synchronization;
"GALILEO", a European civil and autonomous system of navigation and global satellite synchronization designed and developed by the Community and its member states. It is placed under civilian control and intended to provide GNSS services. The exploitation of GALILEO can be transferred to a private organ. GALILEO aims to offer one or more services for a variety of purposes: open access services, commercial services, human life backup services and search and rescue services, as well as a regulated public service with limited access designed to meet the needs of authorized public sector users;
"local elements GALILEO", local mechanisms that provide users with navigation and satellite synchronization signals of the GALILEO system with input information in addition to information from the main constellation in service. Local elements can be deployed to obtain additional performance in the vicinity of airports and seaports, in urban areas or in other environments that are disadvantaged by their geographical characteristics. GALILEO will provide generic models for local elements;
"shipping, locating and synchronization equipment with global coverage", any equipment intended for a civilian end user and designed to transmit, receive or process navigation or satellite synchronization signals to provide a service or operate with a regional extension;
"regulatory measure", law, regulation, rule, procedure, decision, administrative action or similar action of one of the parties;
"interoperability", at the user level, a situation in which a bi-system receiver can simultaneously use signals from at least two systems to achieve a performance equivalent to or greater than the performance obtained using a single system;
"Intellectual property", the concept defined in Article 2 of the Convention establishing the World Intellectual Property Organization, signed in Stockholm on 14 July 1967;
" Liability", the legal responsibility of a natural or legal person to compensate for damage caused to another natural or legal person in accordance with the specific legal principles and rules. This obligation may be prescribed in an agreement (contractual liability) or in a legal standard (non-contractual liability);
"cost recovery", mechanisms to recover the investment and operating costs of the system;
"classified information", information, of any form, which requires protection against unauthorized disclosure, which may affect various degrees of essential interests, including national security, parties or a particular member State. Its classification level is indicated by a specific marking. Such information shall be classified by the parties in accordance with the applicable regulations and laws and shall be protected against any loss of confidentiality, integrity or availability;
"Parties", on the one hand, the Community, or the Member States, or the Community and its Member States, in accordance with their respective competences, and on the other hand, Morocco;
"territory" or "territory" with respect to the European Community and its member States, the territory to which the Treaty establishing the European Community applies, under the conditions established by that Treaty.
Article 3
Principles of cooperation
The parties agree to carry out the cooperation activities covered by this Agreement in accordance with the following principles:
1) the mutual benefit based on a comprehensive balance of rights and obligations, including contributions and contributions;
(2) partnership in the GALILEO programme in accordance with the rules and procedures governing the management of GALILEO;
(3) mutual opportunities to participate in cooperation activities in the framework of European and Moroccan GNSS projects for civil use;
(4) the timely exchange of information that may affect cooperation activities;
(5) the appropriate protection of intellectual property rights as specified in Article 8, paragraph 2;
(6) Free access to satellite navigation services in the territories of the parties;
(7) the free trade of GNSS equipment in the territories of the parties.
Article 4
Area of cooperation
1. Areas open to cooperation activities in navigation and satellite synchronization are: scientific research, industrial manufacturing, training, application, service and market development, trade, radio spectrum issues, integrity issues, standardization and approval, and security. Parties may adapt this list by means of a decision according to the mechanism established under Article 14.
2. This Agreement does not cover cooperation between the parties in the areas referred to in items 2.1 to 2.6 below. If the parties agree that mutual benefits will arise from the extension of cooperation to one of the following areas, they will have to negotiate and conclude appropriate agreements between them:
2.1. GALILEO technologies and sensitive goods subject to regulatory measures for export and non-proliferation control applicable in the European Community or its member States;
2.2. cryptography and key means and techniques to ensure information security (INFOSEC);
2.3. security architecture of the GALILEO system (space, land and users);
2.4. characteristics of GALILEO global security control;
2.5. phases of definition, development, implementation, testing, evaluation and operation (management and use) of regulated public services; and
2.6. exchange of classified information regarding satellite navigation and GALILEO.
3. This agreement does not affect the application of Community legislation creating the European GNSS Supervision Authority and its institutional structure. This Agreement also does not affect the applicable regulatory measures that implement non-proliferation commitments and the rules for export control of dual-use goods, or national security measures and controls of intangible technology transfers.
Article 5
Forms of cooperation
1. Subject to their applicable regulatory provisions, the parties shall, to the extent possible, promote cooperation activities under this Agreement with a view to providing comparable opportunities for participation in their activities in the sectors listed in Article 4.
2. The parties agree to conduct cooperation activities as set out in Articles 6 to 13 of this Agreement.
Article 6
Radio specter
1. Based on past successes within the framework of the International Telecommunication Union (ITU), the parties agree to maintain mutual cooperation and assistance in radio spectrum.
2. In this context, the parties encourage appropriate frequencies for GALILEO in order to ensure the accessibility of GALILEO services to users around the world, including Morocco and the Community.
3. In addition, the parties recognize the importance of protecting the radionavigation spectrum from interference and interference. To this end, they determine the sources of interference and seek mutually acceptable solutions to combat these interferences.
4. Nothing in this Agreement allows for the derogation of the applicable provisions of the International Telecommunication Union, including the Radio Regulations of the International Telecommunication Union.
Article 7
Scientific research
The parties encourage joint research activities in the field of GNSS through European and Moroccan research programmes, including the European Community's research and development framework programme, the research programmes of the European Space Agency, and the programmes developed by Moroccan organizations.
Joint research activities should help plan the evolution of a civilian GNSS. The parties agree to define the appropriate mechanism to ensure successful contacts and effective participation in research programs.
Article 8
Industrial cooperation
1. The parties encourage and support cooperation between industries on both sides, including through joint ventures and Moroccan participation in European industrial associations as well as European participation in Moroccan industrial associations, with the aim of establishing the GALILEO system and promoting the use and development of GALILEO applications and services.
2. To facilitate industrial cooperation, the parties provide and ensure adequate and effective protection of intellectual, industrial and commercial property rights in areas and sectors related to the development and operation of the Galileo/EGNOS system, in accordance with the highest international standards, including effective means to enforce these rights.
3. Morocco's exports to third countries of sensitive goods and technologies specially developed and funded under the GALILEO program must be subject to prior authorization from the competent authority of GALILEO in the area of security, if the said authority has recommended that these goods be subject to an export authorization in accordance with the applicable regulations. Each separate agreement referred to in Article 4, paragraph 2, also defines an appropriate mechanism to recommend that the export of certain goods by Morocco be subject to authorization.
4. The parties encourage strengthened linkages between the relevant entities of Morocco and the European Space Agency to contribute to the achievement of the objectives of the agreement.
Article 9
Trade and market development
1. The parties encourage exchanges and investments, in the European Union and Morocco, in satellite navigation infrastructure, equipment, local GALILEO elements and applications.
2. To this end, the parties increase public awareness of the GALILEO program's activities in the field of satellite navigation, identify obstacles that may hinder the growth of GNSS applications and take appropriate measures to facilitate this growth.
3. To identify and respond effectively to user needs, the Community and Morocco examine the possibility of establishing a joint GNSS user forum.
4. This Agreement does not alter the rights and obligations of the parties under the World Trade Organization.
Article 10
Standards, approval and regulatory measures
1. The parties recognize that it is useful to coordinate approaches in international standardization and registration facilities for global satellite navigation services. In particular, the parties support the development of GALILEO standards and encourage their application around the world, insisting on interoperability with other GNSS.
One of the objectives of coordination is to promote the widespread and innovative use of GALILEO services by encouraging the adoption of global standards of navigation and synchronization for various purposes: open access services, commercial services and services to safeguard human life. The parties agree to create favourable conditions for the development of GALILEO applications.
2. Accordingly, in order to promote and implement the objectives of this Agreement, the parties shall cooperate, as appropriate, on all matters relating to the GNSS that arise in particular within the framework of the International Civil Aviation Organization, the International Maritime Organization and the International Telecommunication Union.
3. At the bilateral level, parties ensure that measures relating to technical standards, registration and authorization requirements and procedures for GNSS do not constitute unnecessary trade barriers. These requirements are based on transparent, objective, non-discriminatory and previously established criteria.
4. The parties shall adopt regulatory measures for the full use of GALILEO, including receptors and terrestrial and space elements, in territories under their jurisdiction.
Article 11
Development of global terrestrial systems
and regional GNSS extension
1. The parties work together to define and implement terrestrial systems architectures to ensure optimal integrity of GALILEO and continuity of GALILEO services.
2. To this end, the parties cooperate, at the regional level, to establish and build a terrestrial system of regional extensions based on the EGNOS system in Morocco. This regional system is intended to provide regional integrity services complementing services provided globally by the GALILEO system.
3. At the local level, the parties facilitate the development of local GALILEO elements.
Article 12
Security
1. The parties insist on the need to protect global satellite navigation systems from malicious uses, interference, disruption and hostile actions.
2. The parties recognize that cooperation to ensure the security of the GALILEO system and services is an important common objective. As a result, the parties designate a responsible authority for GNSS security issues, including for consultation channels. This framework will be used to protect the continuity of GNSS services.
3. The parties shall take all feasible measures to ensure the continuity and security of satellite navigation services and related infrastructure in the territories under their jurisdiction. The parties will not superimpose the GALILEO signals without the prior agreement of the parties.
4. Any exchange of classified information as referred to in Article 4, paragraph 2, paragraph 2.6., shall be subject to the existence of a security agreement between the parties. The principles, procedures and scope of application will be defined by the authorities of the parties that are competent in the field of security.
Article 13
Accountability and cost recovery
The parties shall cooperate, where appropriate, to define and implement a liability regime and cost recovery provisions in order to facilitate the provision of civilian GNSS services.
Article 14
Cooperation mechanism
1. The cooperation activities under this Agreement shall be coordinated and facilitated by the Government of the Kingdom of Morocco, on behalf of Morocco, and by the European Commission, on behalf of the Community and its member States.
2. In accordance with the objective set out in Article 1^erboth parties define the mechanisms of cooperation provided for in the framework of the March 2000 Association Agreement for the management of this Agreement.
3. The parties agree on the possibility of Moroccan participation in the European GNSS Supervision Authority in accordance with the applicable rights and procedures.
Article 15
Financing
1. The amount and modalities of Morocco's contribution to the GALILEO programme through the European GNSS Supervision Authority are subject to a separate agreement, in accordance with the institutional provisions of applicable Community law.
2. The free movement of goods, persons, services and capital is applicable to the specific regimes of cooperation of the parties under this Agreement, in accordance with the Association Agreement of March 2000.
3. Without prejudice to paragraph 2, in cases where a specific cooperative regime in force in one of the parties provides for the provision of funds to participants in the other party, and that such funds may be used for the purchase of equipment, the parties shall ensure that the transfer of such equipment from one party to the participants in the other party is exempted from customs duties and taxes in accordance with the legislation and regulations applicable to the territory of each party.
Article 16
Exchange of information
1. The parties shall stop the administrative arrangements and shall designate the points of contact necessary to permit consultations and ensure the effective implementation of the provisions of this Agreement.
2. The parties encourage other exchanges of information on satellite navigation between institutions and companies on both sides.
Article 17
Consultation and dispute resolution
1. The parties shall consult promptly, at the request of either of them, on any matter arising from the interpretation or implementation of this Agreement. Disputes concerning the interpretation or implementation of this Agreement shall be settled by amicable consultation between the parties.
2. If a solution is not found, the parties make use of the dispute settlement mechanism provided for in Article 86 of the March 2000 Association Agreement.
3. The provisions of paragraphs 1^er and 2 shall apply without prejudice to the right of the parties to use the dispute settlement system provided for in the agreement establishing the World Trade Organization.
Article 18
Entry into force and termination
1. This Agreement comes into force on the first day of the month following the one in which both parties notified the fulfilment of the internal procedures necessary for this purpose. Notifications will be sent to the Council of the European Union, depositary of the agreement.
2. This Agreement may be terminated at any time on a notice of one year, notified in writing.
3. Unless otherwise stated, the termination of this Agreement shall not affect the validity or duration of any provisions established under that Agreement or the rights and obligations established in that same context.
4. This Agreement may be amended by mutual agreement between the parties in writing. The possible amendments come into force on the first day of the month following the one in which both parties have notified themselves, through diplomatic channels, of all the internal procedures necessary for this purpose.
5. This Agreement shall be entered into for a period of five years from its entry into force. It is then automatically renewed for new five-year periods, unless a party notify the other party in writing, at least three months before the end of the current five-year period, its intention not to renew the agreement.
This Agreement is in two copies in German, English, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish, Czech and Arabic, all texts being equally authentic.
Done in Brussels on 12 December 2006.
Note
(1) JOL 70 of 18 March 2000, p. 3.

Cooperation agreement on a global navigation satellite system (GNSS) for civilian use between the European Community and its member States and the Kingdom of Morocco, made in Brussels on 12 December 2006

This agreement did not come into force.