18 SEPTEMBER 2008. - An Act to Accredit the Cooperation Agreement concerning a Global Navigation Satellite System (GNSS) - GALILEO between the European Community and its Member States and the People's Republic of China, made in Beijing on 30 October 2003 (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 Cooperation Agreement concerning a Global Navigation Satellite System (GNSS) - GALILEO between the European Community and its Member States and the People's Republic of China, made in Beijing on 30 October 2003, will bring out its full and full effect.
Art. 3. The amended or supplementary rules to be adopted in accordance with Articles 4, § 1^er, and 7, § 4, of the Cooperation Agreement, shall come out their full and full effect, on 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 on 18 September 2008.
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,
J. VANDEURZEN
____
Note
(1) Session 2007-2008.
Senate.
Documents. - Bill tabled on 13 May 2008, No. 4-744/1. - Report, number 4-744/2.
Annales Parlementaires. - Discussion and voting. Session of July 3, 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1326/1 - Report, No. 52-1326/2. Text adopted in plenary and subject to Royal Assent, No. 52-1326/3.
Annales parliamentarians. - Discussion and voting. Session of July 10, 2008.
Cooperation Agreement concerning a Global Navigation Satellite System (GNSS) - GALILEO between the European Community and its member States and the People's Republic of China
The People's Republic of China, hereafter referred to as "China",
on the one hand, and
The European Community, below referred to as "Community",
and
the Parties to the Treaty establishing the European Community, hereafter referred to as "Community Member States",
on the other hand,
Considering the common interests for the development of a global navigation satellite system (GNSS) for civilian use,
Recognizing the importance of the GALILEO program for its contribution to navigation and information infrastructure in Europe and China,
Recognizing the advanced status of China's satellite navigation activities, including the Beidou programme,
Considering the growing development of GNSS applications in China, Europe and other parts of the world,
Wishing to strengthen cooperation between China and the Community,
The following agreed:
Purpose of the agreement
Article 1^er
The objective of the agreement is to encourage, facilitate and improve cooperation between the Parties as part of the contributions of Europe and China to a global navigation satellite system (GNSS) for civilian use - the GALILEO programme.
Definitions
Article 2
For the purposes of this Agreement:
(a) "extension": regional or local mechanisms such as the European system of navigation by geostationary recovery (EGNOS), or the Chinese system of satellite differential navigation serving extended areas (CWADSNS). They provide, to users of navigation and satellite synchronization signals, input information in addition to information from the main constellations in service, as well as additional storage/pseudo-range inputs, or corrections or improvements to existing pseudo-range inputs. These mechanisms allow users to get better performance;
(b) "Beidou": a satellite navigation system including an extension system designed, developed and operated by the People's Republic of China;
(c) "local elements GALILEO": local mechanisms that provide, to users of GALILEO satellite navigation and synchronization signals, 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;
(d) "GALILEO": a European civil and autonomous system of navigation and global satellite synchronization, placed under civilian control and intended to provide GNSS services designed and developed by the Community and its member States. The exploitation of GALILEO can be transferred to a private organ. GALILEO aims to offer one or more services for various purposes: open access services, commercial services, services for applications involving human life;
(e) “World Cover Navigation, Location and Synchronization Equipment”: any equipment intended for a civilian end-user designed to transmit, receive or process navigation or synchronization signals by satellite for the purpose of providing a service or operating with a regional extension;
(f) "regulatory measure": law, regulation, rule, procedure, decision, administrative action or similar action of a Party;
(g) "interoperability": at the user level, a situation in which a bi-system receiver can simultaneously use signals from two systems in order to achieve a performance equivalent to or greater than the performance obtained using a single system;
(h) "Intellectual property": the definition in Article 2 of the Convention establishing the World Intellectual Property Organization, signed in Stockholm on 14 July 1967;
(i) "claim": the legal responsibility of a natural person 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).
Principles of cooperation
Article 3
The Parties agree to carry out the cooperation activities covered by this Agreement in accordance with the following principles:
a) the mutual benefit based on a comprehensive balance of rights and obligations, including contributions,
(b) partnership in the GALILEO programme in accordance with the rules and procedures governing the management of GALILEO,
(c) mutual opportunities to engage in cooperation activities within the framework of European and Chinese GNSS projects,
(d) timely exchange of information that may affect cooperation activities,
(e) adequate protection of intellectual property rights.
Area of cooperation activities
Article 4
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 the list in paragraph 1 by a decision of the committee established under Article 14.
2. If the parties so request, the extension of cooperation to the GALILEO government service, the security aspects of the system (definition, management, use) and the essential characteristics of the control of the GALILEO global segment, as well as the exchange of classified information relating to GALILEO, will be the subject of a separate appropriate agreement between the European Union and China.
3. This Agreement shall not affect the application of Regulation (EC) No. 876/2002 of the Council of 21 May 2002 establishing the joint venture GALILEO, nor the institutional structure established by the said regulation or by another regulation establishing an entity succeeding the joint venture GALILEO. This Agreement also does not affect existing laws, regulations and policies implementing non-proliferation commitments and export controls of dual-use goods, or domestic security measures and controls of intangible technology transfers.
Form of cooperation activities
Article 5
1. Subject to their applicable laws and regulations, 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. Parties agree to carry out cooperative activities as provided for in Articles 6 to 13.
Scientific research
Article 6
Parties encourage joint GNSS research activities through European and Chinese research programmes, including the European Community's research and development framework programme, and research programmes by the European Space Agency and the Chinese Ministry of Science and Technology.
Joint research activities should help plan the evolution of a civilian GNSS.
Training activities are coordinated by the Sino-European Training and Technical Cooperation Centre for GNSS, established in Beijing.
Radio specter
Article 7
1. Based on past successes within the framework of the International Telecommunication Union, Parties agree to continue cooperation and to provide mutual support in the field of radio spectrum issues.
2. In this context, Parties exchange information on the proposed frequencies and encourage the allocation of appropriate frequencies for GALILEO and Beidou, in order to ensure the availability of their services to users worldwide, including in China and the Community.
3. In addition, Parties recognize the importance of protecting the radio spectrum from interference and interference. To this end, they determine the sources of interference and seek mutually acceptable solutions to combat these interferences.
4. The Parties agree to entrust the committee established under Article 14 to define the appropriate mechanism to ensure fruitful contacts and effective collaboration in this area.
Industrial cooperation
Article 8
1. Parties encourage and support cooperation between industries on both sides, including joint ventures to establish the GALILEO system and to promote the use and development of GALILEO applications and services.
2. The Parties shall establish a joint advisory group for industrial cooperation within the framework of the committee established under Article 14 to study and guide cooperation in the manufacture of satellites, launch services, construction of land stations, and applications products.
3. To facilitate industrial cooperation, Parties shall protect intellectual property in accordance with existing international standards.
4. China's exports to third countries of sensitive goods related to the GALILEO programme will be subject to prior authorization from the competent authority of GALILEO on security matters, if the authority has recommended to EU Member States that such goods be subject to export authorization.
5. Parties encourage the strengthening of the links between the Chinese Ministry of Science and Technology, the Chinese National Space Administration, and the European Space Agency to contribute to the achievement of the objectives of this Agreement.
Trade and market development
Article 9
1. Parties encourage trade and investment in satellite navigation infrastructure, equipment, local elements and GALILEO applications in Europe and China.
2. ÷ this effect, Parties increase public awareness of GALILEO satellite navigation technology, 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 China are considering establishing a common forum for GNSS users.
4. This Agreement shall not affect the rights and obligations of the Parties under the World Trade Organization, the relevant rules on export control regimes, Regulation (EC) No 1334/2000 and its subsequent amendments, the joint action PESC 401/2000 of the Council, and other relevant international instruments such as the Hague International Code of Conduct on Ballistic Missile and other relevant legislative provisions of the EU Member States.
Standards, approval and regulatory measures
Article 10
1. Parties recognize the importance of coordinating approaches in international standardization and registration forums for global satellite navigation services. In particular, Parties will jointly support the development of GALILEO standards and encourage their application worldwide.
One of the objectives of coordination is to promote the widespread and innovative use of GALILEO services as a global standard of navigation and synchronization for open, commercial and vital services. 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, for all matters related to satellite navigation that arise 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 licensing requirements and procedures do not constitute unnecessary trade barriers. National requirements are based on transparent, objective, non-discriminatory and previously established criteria.
4. At the expert level, Parties intend to organize cooperation and exchanges, through the committee established under Article 14, with respect to standards covering codes, navigation, ground reception equipment and safety of navigation applications. In addition, Parties promote participation of Chinese representatives in European standardization bodies.
Development of global and regional GNSS systems
Article 11
1. Interoperability of global and regional satellite navigation systems improves the quality of services offered to users. Parties are working together to define and implement systems architectures to ensure optimal integrity and continuity of GALILEO services.
2. At the regional level, Parties cooperate to build a regional GALILEO-based extension system in China. This regional system is intended to provide regional integrity services complementing services provided globally by the GALILEO system.
At the local level, Parties facilitate the development of local GALILEO elements.
Security
Article 12
1. Parties are convinced of the need to protect the global civil navigation satellite system from abuse, interference, disruption and malicious acts.
2. Parties shall take all feasible measures to ensure the continuity and security of satellite navigation services and related infrastructure in their territory.
3. Parties recognize that cooperation to ensure the security of the GALILEO system and services are important common objectives.
4. As a result, Parties establish an appropriate consultation channel to address GNSS security issues. This channel is used to ensure continuity of GNSS services.
Practical modalities and provisions shall be jointly established by the competent authorities of the two Parties on security matters.
Accountability and cost recovery
Article 13
The Parties shall cooperate, where appropriate, to define and implement a liability regime and cost recovery provisions in order to facilitate the provision of GNSS civilian services.
Cooperation mechanism
Article 14
1. The cooperation activities under this Agreement are coordinated and facilitated, on behalf of China, by the Ministry of Science and Technology and, on behalf of the Community, by the European Commission.
2. In accordance with the objective set out in section 1, these two bodies establish a steering committee for the GNSS, as described below as a committee, for the purpose of managing this agreement. The Committee shall be composed of official representatives of each Party and shall establish its own rules of procedure.
The functions of the committee include:
(a) promote and supervise the various cooperation activities referred to in articles 4 to 12;
(b) recommend to Parties ways consistent with the principles of this Agreement to enhance and enhance cooperation;
(c) assess the effectiveness of the operation and application of this Agreement.
3. The committee generally meets once a year. Meetings should be held alternately in the Community and China. Extraordinary meetings may be held at the request of either Party.
Each Party shall provide for its own members the costs incurred by or on behalf of the Committee. Costs other than travel and living expenses that are directly related to committee meetings are borne by the Host Party. When the Parties consider it useful, the committee may establish joint working technical groups to examine specific topics.
4. Parties support the participation of an appropriate Chinese entity in the joint venture in accordance with the procedure set out in Council Regulation (EC) No. 876/2002 of 21 May 2002.
Exchange of information
Article 15
1. The Parties shall establish the necessary administrative arrangements and information points to permit such consultations and ensure the effective implementation of the provisions of this Agreement.
2. The Sino-European Training and Technical Cooperation Centre for GNSS, established in Beijing, helps to prepare and distribute information on satellite navigation activities, to the attention of industry representatives, scientists, journalists and the public in China and the Community.
3. Parties encourage other exchanges of information on satellite navigation between institutions and businesses on both sides.
Financing
Article 16
1. China provides a financial contribution to the GALILEO program through the joint venture GALILEO. The amount and terms and conditions of the contribution will be subject to a separate agreement, in accordance with the institutional provisions of Council Regulation (EC) No. 876/2002 or a subsequent regulation.
2. In cases where a specific regime of cooperation in force in one of the Parties provides financial assistance to the participants of the other party, all subsidies, financial contributions or other contributions paid in that capacity by a Party to the participants of the other Party are exempted from customs duties and taxes, in accordance with applicable legislation and regulations on the territory of each Party.
Consultation and dispute resolution
Article 17
1. Parties shall consult promptly, at the request of either of them, on any matter relating to the interpretation or application of this Agreement. Disputes concerning the interpretation or application of this Agreement shall be settled by amicable consultation between the parties.
2. Paragraph 1^er applies without prejudice to the right of Parties to use the dispute settlement system provided for in the WTO agreement.
Entry into force and termination
Article 18
1. This Agreement, after its signature by the parties, comes into force on the date on which both parties notify themselves of the fulfilment of their respective internal procedures necessary for this purpose.
2. The termination of this Agreement shall not affect the validity or duration of any provisions entered into under this Agreement or the specific rights and obligations established in respect of intellectual property rights.
3. This Agreement may be amended by mutual agreement between the parties in writing. The possible amendments come into force on the date on which both parties have notified themselves by diplomatic means of the fulfilment of their respective internal procedures necessary for this purpose.
4. This Agreement shall be entered into for an initial period of five years from its entry into force. It is then automatically renewed for new periods of five years. Each party may denounce this agreement on a three-month notice to the other party in writing.
This Agreement is written in duplicate in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese, Swedish and Chinese.
English and Chinese are authentic languages.
Beijing, 30 October 2003.

Cooperation agreement on a global navigation satellite system (GNSS) - GALILEO between the European Community and its member States and the People's Republic of China, made in Beijing on 30 October 2003
For the consultation of the table, see image
This Agreement has not yet come into force.