2009/0047(COD)
Setting up the European GNSS Agency (repeal. Regulation (EC) No 1321/2004; amend. Regulation (EC) No 683/2008)
| BUDG | BUDG | CONT | ITRE | ITRE | TRAN | |
| Lead Rapporteur | TOŠENOVSKÝ Evžen (ECR) | |||||
| Opinion Rapporteur(s) | HAUG Jutta (S&D) | HAUG Jutta (PSE) |
Legal basis: TFEU TFEU 172
Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | BUDG | HAUG Jutta (S&D) | |
| Opinion | BUDG | HAUG Jutta (PSE) | |
| Opinion | CONT | ||
| Lead | ITRE | TOŠENOVSKÝ Evžen (ECR) | NIEBLER Angelika (EPP), GLANTE Norbert (S&D), HALL Fiona (ALDE), LAMBERTS Philippe (Verts/ALE), REMEK Vladimír (GUE/NGL) |
| Lead | ITRE | ||
| Opinion | TRAN |
Legal Basis TFEU TFEU 172
Activites
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2011/06/10
Document attached to the procedure
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COM(2011)0347
summary
The purpose of this communication is to amend the financial statement accompanying Regulation (EU) No 912/2010 setting up the European GNSS Agency. Regulation (EU) No 912/2010 is to set up the European GNSS Agency and to determine its tasks in compliance with the provisions laid down in Regulation (EC) No 683/2008, which is the basic act for implementing the Galileo and EGNOS. The European GNSS Agency now has four main tasks: to validate the security of the two European satellite radio-navigation systems; to operate the Galileo Security Monitoring Centre (GSMC); to help prepare the systems to be placed on the market; to fulfil any other responsibilities that the Commission may confer on it, pursuant to the Financial Regulation. The adoption of Regulation (EU) No 912/2010 follows the submission to the European Parliament and the Council of a draft text adopted by the Commission on 24 March 2009, which is accompanied by a financial statement. The figures on the financial statement were based on information at the Commission's disposal at the time regarding the European GNSS Agency's foreseeable operating costs, in particular with regard to staffing. However, two years ago knowledge of the workload involved in complying with the security requirements relating to the two European radio-navigation satellite systems was not as advanced as it is today. Various studies and meetings between technical experts, mostly classified, have since 2009 made it possible to determine exactly the resources required to meet demand in this regard. Furthermore, during the discussions on the future Regulation (EU) No 912/2010 before Parliament and the Council, it proved necessary to make additions to the text drafted by the Commission on a number of points, specifically as regards the accreditation of systems security along with various clarifications. Thus, as regards the Agency's task of accrediting systems security, while the Commission's draft text was limited to setting up the security accreditation committee, the Financial Regulation adopted sets out the conditions for that committee to pursue its activities. It makes provision, for example, for the security accreditation committee to set up specific subordinate bodies, in particular a group of experts charged with updating security analyses and performing tests, and a crypto-distribution authority. It is recalled that the European GNSS Agency, also known as the GSA, will provide the staffing for the infrastructure of the Galileo system known as the GSMC (GALILEO Security Monitoring Centre). This centre is the 'brains' of the Galileo system as regards overall security. It is based in two geographical sites, and therefore its staff will be physically located in France and the United Kingdom. The GMC must be entirely operational by 2014, which implies that it must be capable of running by 2013 for training and hands-on learning to take place. It will be operated 24 hours per day, 7 days per week by qualified experts. The figures given in the services section of the initial financial statement in 2009 -8 posts in 2012 and 13 in 2013 - carried a number of provisos because not all of the necessary information was available. . Successive studies of threats, vulnerable areas and a "Secret EU" classification have provided more thorough knowledge of the system and helped to determine the types of defence to be put in place. Recent studies have shown that the GSMC will need 16 staff members in 2012 and then 28 in 2013. Furthermore, since the initial proposal, amendments have been made to the remit of the accreditation committee and the GSMC : whilst the Commission's draft text was limited to setting up the security accreditation committee, the Financial Regulation adopted sets out the conditions for that committee to pursue its activities. It makes provision, for example, for the security accreditation committee to set up specific subordinate bodies, in particular a group of experts charged with updating security analyses and performing tests, and a crypto-distribution authority; the security accreditation committee's role is further detailed - with regard to the arrangements for access to public regulated service (PRS) offered by the system arising from the Galileo programme - in the proposal adopted by the Commission on 8 October 2010 and currently under discussion before the European Parliament and the Council. Under this proposal, the accreditation committee is responsible for accrediting manufacturers of receivers designed to receive signals relating to the PRS ; moreover, the European Council's decision to make Prague the seat of the European GNSS Agency entails relocation costs that are currently being assessed. A preliminary amount is incorporated into the draft budget to cover initial relocation costs and will be reviewed once negotiations with the Czech government have been completed. In light of current figures on the development of the Galileo Supervisory Authority (GSA), and in particular the Galileo Security Monitoring Centre (GSMC), it is not possible to carry out security tasks, in particular analysis capacity and response to threats to Galileo. The initial financial statement should therefore be revised to adapt to the reality of the agency's staffing needs. The extra staff will be funded by a transfer from the budget line of the GNSS programme administration. Summary of estimated impact on expenditure: the appropriations required for budget line 02.050201 European GNSS Agency (GSA) - Titles 1 and 2 (EUR 1 million in 2012 and EUR 1 million in 2013) are covered by the redeployment of budget line 02.010405 European satellite radio-navigation programmes (EGNOS and Galileo) - Expenditure on administrative management.
- DG Enterprise and Industry, TAJANI Antonio
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COM(2011)0347
summary
- 2010/10/20 Final act published in Official Journal
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2010/09/22
Final act signed
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2010/09/22
End of procedure in Parliament
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2010/09/13
Act adopted by Council after Parliament's 1st reading
- #3032
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2010/09/13
Council Meeting
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2010/06/16
Text adopted by Parliament, 1st reading/single reading
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T7-0213/2010
summary
The European Parliament adopted a legislative resolution setting out its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes. The amendments made in plenary are the result of a compromise between Parliament and Council and these amendments modify the Commission's proposal as follows : Name and repeal of Regulation 1321/2004: the text now states that the act sets up the European GNSS Agency (rather than "Authority".) Members state that the act must also repeal Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes (rather than amending it as the Commission had proposed) and amend Regulation (EC) No 683/2008. Tasks: the tasks of the Agency shall be as set out in Article 16 of Regulation (EC) No 683/2008. The text states that it is important to modify the tasks of the Agency, and, in this regard, to ensure that its tasks are defined in conformity with those set out in Article 16 of Regulation (EC) No 683/2008, including the possibility for the Agency to accomplish other activities that may be entrusted to it by the Commission, in order to support the Commission in the implementation of the GNSS programmes. In accordance Council Regulation 1605/2002 on the Financial Regulation, such activities could for example include following the development of coordination and consultation procedures on security-related matters, carrying out research of benefit to the development and promotion of the European GNSS programmes and providing support in the development and implementation of the Public Regulated Service (PRS) pilot project. Bodies: the bodies of the Agency shall be the Administrative Board, the Security Accreditation Board for European GNSS systems and the Executive Director. They shall accomplish their tasks in accordance with the guidelines given by the Commission as set out in Article 16 of Regulation (EC) No 683/2008. Administrative Board: Members amended these provisions which now state that the Administrative Board shall be composed of one representative appointed by each Member State, five representatives appointed by the Commission and a non-voting representative appointed by the European Parliament. The duration of the term of office of the Board members shall be five years. The term of office may be renewed for a maximum of five years. A representative of the HR and a representative of the ESA shall be invited to attend the Administrative Board's meetings as observers. Each Member State and Commission representative shall have one vote. Decisions based on provisions regarding the adoption of the work programme and disciplining of the Executive director must not be adopted without a positive vote of the representatives of the Commission. Tasks of the Administrative Board: the Administrative Board will ensure that the Agency carries out the work entrusted to it, under the conditions set out in the Regulation, and take any necessary decision to this end. In respect of security accreditation tasks and decisions provided for in Chapter II, the Administrative Board shall be responsible only for resources and budgetary matters. The task of the Board now also include overseeing the operation of the Galileo security center (referred to as the"Galileo Security Monitoring Centre" or "the GSMC") as referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008. Chapters II and III: the text now has a new Chapter to the regulation, entitled "Aspects relating to the security of the EU or the Member States." It comprises provisions on joint action. The new Chapter III is entitled "Security accreditation for European GNSS systems" and includes clauses on the general principles, the Security Accreditation Board, and the role of Member States. In the recitals, the text states that the Agency's Administrative Board should be empowered to take any decision which may ensure that the Agency can accomplish its tasks with the exception of the accreditation tasks, which should be entrusted to the Security Accreditation Board, and in respect of which the Administrative Board will be responsible only for resource and budget matters. Sound governance of the programmes requires also that the tasks of the Administrative Board be compliant with the new missions assigned to the Agency by virtue of Article 16 of Regulation (EC) No 683/2008, notably regarding the functioning of the Security Monitoring Centre and the instructions given pursuant to Council Joint Action 2004/552/CFSP on aspects of the operation of the European satellite radio-navigation system affecting the security of the EU. Joint Action: the clause specifies that in accordance with Article 13(4) of Regulation (EC) No 683/2008, whenever the security of the Union or the Member States may be affected by the operation of the systems, the procedures set out in Joint Action 2004/552/CFSP shall apply. The security accreditation decisions taken pursuant to Chapter III, as well as the residual risks identified, shall be communicated by the Commission to the Council for information. Security accreditation for European GNSS systems (General Principles): Parliament sets out eight general principle, stressing collective responsibility and consensus. It notes that in application of the principle of subsidiarity, security accreditation decisions should, following the process defined in the security accreditation strategy, be based on local security accreditation decisions taken by the national security accreditation authorities of the respective Member States. Security Accreditation Board: as regards the European GNSS systems, this body shall have the tasks of the security accreditation authority, as referred to in the relevant security rules applicable to the Council and the Commission. The Board shall perform the tasks entrusted to the Agency with regard to security accreditation under Regulation (EC) No 683/2008 and take "security accreditation decisions" as provided for in this provision, in particular on the approval of the security accreditation strategy and of satellite launches, the authorisation to operate the systems in their different configurations and for the various services, the authorisation to operate the ground stations and in particular the sensor stations located in third States, as well as the authorisation to manufacture the receivers containing PRS technology and their components. The security accreditation of systems by the Board shall consist of the establishment of the compliance of the systems with the security requirements referred to in Article 13 of Regulation (EC) No 683/2008 and in accordance with the relevant security rules and regulations applicable to the Council and the Commission. On the basis of the risk reports (referred to below), the Board shall inform the Commission of its risk assessment and provide advice to the Commission on residual risk treatment options for a given security accreditation decision. The decisions of the Board shall be addressed to the Commission. The Board shall be composed of one representative per Member State, one representative from the Commission and one from the HR. A representative of ESA shall be invited to attend Board meetings as an observer. The Board shall set up special bodies, under itself, to deal with specific issues, acting on its instructions. In particular, while ensuring necessary continuity of work, it shall set up: (i) a Panel to conduct security analysis reviews and tests to produce the relevant risk reports in order to assist it in preparing its decisions; (ii) a Crypto Distribution Authority (CDA) to assist the Committee in particular for questions related to flight keys. If a consensus according to the general principles cannot be reached, the Board shall take decisions on the basis of majority voting. The representative of the Commission and the representative of the HR shall not vote. The Chairperson of the Board shall sign, on behalf of the Board, the decisions adopted by the Board. The Commission shall keep the European Parliament and the Council informed, without undue delay, about the impact of the adoption of the accreditation decisions on the proper conduct of the programmes. If the Commission considers that a decision taken by the Board may have a significant effect on the proper conduct of the programmes, for example in terms of costs and schedule, it shall urgently inform the European Parliament and the Council. Taking into account the views of the European Parliament and of the Council, which should be expressed within one month, the Commission may adopt any adequate measures in accordance with Regulation (EC) No 683/2008.The Administrative Board shall be regularly kept informed about the evolution of the work of the Security Accreditation Board. Lastly, the timetable for the work of the Board shall respect the GNSS work programme of the Commission. Role of Member States: Member States shall (i) transmit to the Board all information they consider relevant for the purposes of security accreditation;(ii) permit duly authorised persons appointed by the Board to have access to any classified information and to any areas/sites related to the security of systems falling within their jurisdiction, in conformity with their national laws and regulations, and without any discrimination on ground of nationality, including for the purposes of security audits and tests as decided by the Board; (iii) each be responsible for devising a template for access control, which is to outline or list the areas/sites to be accredited, and which shall be agreed in advance between the Member States and the Board, thereby ensuring that the same level of access control is being provided by all Member States; and (iv) be responsible, at local level, for the accreditation of the security of areas that are located within their territory and form part of the security accreditation area for European GNSS systems, and report, to this end, to the Board. Evaluation: by 2012 at the latest, the Commission shall evaluate the Regulation, particularly as regards the Agency's tasks, and, if necessary, make proposals.
- Results of vote in Parliament
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T7-0213/2010
summary
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2010/06/16
Commission response to text adopted in plenary
- SP(2010)6136
- DG Enterprise and Industry, TAJANI Antonio
- 2010/05/17 Committee report tabled for plenary, 1st reading/single reading
- 2010/05/11 Vote in committee, 1st reading/single reading
- #2987
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2009/12/17
Council Meeting
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2009/12/09
Deadline Amendments
- 2009/11/12 Committee draft report
- 2009/10/19 Committee referral announced in Parliament, 1st reading/single reading
- #2964
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2009/10/09
Council Meeting
- 2009/07/15 Economic and Social Committee: opinion, report
- #2949
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2009/06/11
Council Meeting
- 2009/03/26 Committee referral announced in Parliament, 1st reading/single reading
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2009/03/24
EP officialisation
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2009/03/24
Legislative proposal
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COM(2009)0139
summary
PURPOSE: to bring the provisions of Council Regulation (EC) No 1321/2004 on the structures for the management of the European satellite radio-navigation programmes into line with those of Regulation (EC) No 683/2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo). PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: in order to reflect the fact that the Galileo Joint Undertaking would cease activities on 31 December 2006, Regulation (EC) No 1321/2004 as amended established the European GNSS (Global Navigation Satellite System) Supervisory Authority. The Authority's original role was defined in order to meet the requirements of the system provided for at that time for the concession for the management and financing of the Galileo programme's deployment and operational phases. This system was discontinued in 2007, and responsibility for the management and financing of the deployment phase of the programme will no longer lie with the private sector. Regulation (EC) No 683/2008, which entered into force on 25 July 2008, defines the new framework for the public governance and financing of the Galileo and EGNOS programmes. It sets out the principle of the strict division of responsibilities between the European Community, represented by the Commission, the Authority and the European Space Agency, granting the Commission responsibility for the management of the programmes and setting out precisely the tasks given at that time to the Authority. It also provides that the Authority will accomplish such tasks entrusted to it whilst respecting the Commission's role as manager of the programmes and in accordance with guidelines issued by the Commission. Regulation (EC) No 683/2008 therefore implicitly and substantially amended Regulation (EC) No 1321/2004. It is now important to bring certain provisions of Regulation (EC) No 1321/2004 into line with those of Regulation (EC) No 683/2008 for the following reasons: the current situation, characterised by the coexistence of two texts which contradict each other in places, is unsatisfactory from a legal point of view; Regulation (EC) No 683/2008 stipulates that the Commission is to manage all questions relating to the security of the systems, but also makes the Supervisory Authority responsible for ensuring security accreditation. The precise role of the Authority in this regard therefore needs to be quickly clarified; although Regulation (EC) No 683/2008 amended the Supervisory Authority's responsibilities, it had no impact on its internal organisation, and the Commission's influence in this area continues to be very limited. It is necessary to make changes to increase the Commission's influence within the Authority's internal organisation. IMPACT ASSESSMENT: the only logical option is to bring the text of Regulation (EC) No 1321/2004 into line with the provisions of Regulation (EC) No 638/2008. Leaving the text of Regulation (EC) No 1321/2004 unchanged would not be satisfactory from a legal point of view, would cause major security problems and would not ensure the good governance of these programmes. CONTENT: the proposal aims to: amend the aim and objective, tasks and name of the Community agency established under Regulation (EC) No 1321/2004, so as to reflect the provisions of Regulation (EC) No 683/2008; increase the role and the powers of the Commission within this agency in order to ensure that, in accordance with the provisions of Regulation (EC) No 683/2008, the agency performs its task whilst respecting the Commission's role as manager and in accordance with the guidelines provided by the Commission; set up a framework within which the agency assumes the responsibility for providing security accreditations, which it has been entrusted with, and to this end, to set up, within the agency, a committee for European GNSS systems' security accreditations; remove the provisions of Regulation (EC) No 1321/2004 on the ownership of systems, once the EC becomes owner of these systems in accordance with the provisions of Regulation (EC) No 683/2008. FINANCIAL IMPLICATIONS: no implication for the Community budget.
- DG Enterprise and Industry, TAJANI Antonio
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COM(2009)0139
summary
Documents
- Legislative proposal published: COM(2009)0139
- Economic and Social Committee: opinion, report: CES1201/2009
- Committee draft report: PE428.325
- Committee report tabled for plenary, 1st reading/single reading: A7-0160/2010
- Decision by Parliament, 1st reading/single reading: T7-0213/2010
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2010)6136
- : Regulation 2010/912
- : OJ L 276 20.10.2010, p. 0011
- Document attached to the procedure: COM(2011)0347
Votes
Report: TOŠENOVSKÝ A7-0160/2010 - SINGLE VOTE
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 623 | 73 | 43 | 17 | 13 | 13 | 245 | 169 | 50 | 0 |
| Against | 36 | 0 | 0 | 11 | 16 | 6 | 0 | 0 | 3 | 0 |
| Abstain | 6 | 0 | 0 | 0 | 4 | 2 | 0 | 0 | 0 | 0 |
| Amendments | Dossier |
| 14 |
2009/0047(COD) Setting up the European GNSS Agency (repeal. Regulation (EC) No 1321/2004; amend. Regulation (EC) No 683/2008)
2009/11/12
ITRE
14 amendments...
Amendment 16 #
Proposal for a regulation – amending act Recital 10 (10) In order to ensure that the Agency accomplishes its tasks whilst respecting the Commission’s role as manager of the programmes and in accordance with guidelines issued by the Commission, it is also important, firstly, to state explicitly that the Agency be managed by its Executive Director under the supervision of the Administrative Board, in accordance with the guidelines provided to the Agency by the Commission, and secondly, to provide that the Commission representative on the Agency’s Administrative Board has
Amendment 17 #
Proposal for a regulation – amending act Recital 11 (11) It is also necessary to allow the European Parliament to be represented on the Agency’s Administrative Board as an observer, in view of the fact that Regulation (EC) No 683/2008 highlighted the usefulness of close cooperation between the European Parliament, the Council and the Commission.
Amendment 18 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 1321/2004 Article 2 – point a a (new) (aa) It shall support the Commission on all aspects relating to the system’s safety and security. In particular, it shall: (i) ensure and verify compliance with international rules and agreements; (ii) implement the relevant provisions for the exchange, handling and storage of classified information; (iii) accompany the development of coordination and consultation procedures on security-related matters; (iv) be involved in identifying possible measures that could be taken by the Council in the event of a threat to the security of the European Union or of a Member State arising from the operation or use of the system, or in the event of a threat to the operation of the system, in particular as the result of an international crisis; (v) give advice on security policy issues in international agreements related to the European GNSS programmes.
Amendment 19 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 1321/2004 Article 2 – point a b (new) (ab) It shall support the Commission in preparing proposals for the European GNSS programmes to be presented to the European Parliament and to the Council and in adopting the implementing rules.
Amendment 20 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 1321/2004 Article 2 – point a c (new) (ac) It shall ensure that the components of the system are duly certified; it shall authorise the appropriate recognised certification bodies to issue the relevant certificates and to monitor compliance with related standards and technical specifications.
Amendment 21 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 1321/2004 Article 2 – point a d (new) (ad) It shall carry out all research of benefit to the development and promotion of the European GNSS programmes.
Amendment 22 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 1321/2004 Article 2 – point a e (new) (ae) It shall provide support in the development and implementation of the Public Regulated Service (PRS) pilot project.
Amendment 23 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 1321/2004 Article 2 – paragraph 1 a (new) 1a. The ESA shall be requested to provide the Agency with technical and scientific support.
Amendment 24 #
Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1321/2004 Article 5 – paragraph 2 2. The Administrative Board shall be composed of one representative appointed by each Member State
Amendment 25 #
Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1321/2004 Article 5 – paragraph 2 2. The Administrative Board shall be composed of one representative appointed by each Member State and one representative appointed by the Commission. The duration of the term of office of the Board members shall be five years. The term of office may be renewed once.
Amendment 26 #
Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 1321/2004 Article 5 – paragraph 7 7. Each member representing a Member State shall have one vote. The member representing the Commission shall have a vote equal to
Amendment 27 #
Proposal for a regulation – amending act Article 1 – point 9 Regulation (EC) No 1321/2004 Article 7 – paragraph 2 – last subparagraph The Executive Director’s term shall be f
Amendment 28 #
Proposal for a regulation – amending act Article 1 – point 12 Regulation (EC) No 1321/2004 Article 10 – paragraph 3 – subparagraph 1 a (new) Members of the committee shall act independently, objectively and in the public interest.
Amendment 29 #
Proposal for a regulation – amending act Article 1 – point 15 a (new) Regulation (EC) No 1321/2004 Article 22 a (new) (15a) The following article shall be inserted: Article 22a Evaluation By 2012 at the latest, the Commission shall evaluate this Regulation, particularly as regards the Agency’s tasks laid down in Article 2, and, if necessary, make proposals.
source: PE-430.983
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