Commission Implementing Decision (EU) 2022/1245 of 15 July 2022 laying down rules and procedures for the application of Regulation (EU) 2021/696 of the European Parliament and of the Council as regards the participation of Member States in the SST sub-component, the establishment of the SST Partnership and the development of the initial key performance indicators

1 This Decision sets out detailed provisions concerning the procedures for the participation of the Member States in the Space Surveillance and Tracking (SST) Partnership, as referred to in Article 58(1) of Regulation (EU) 2021/696.

2 This Decision specifies the elements necessary for the Member States to comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696 for the establishment of the SST Partnership, as referred to in Article 57(4) of Regulation (EU) 2021/696.

3 This Decision establishes the initial key performance indicators and rules on the functioning of the SST Partnership, as referred to in 58(3) of Regulation (EU) 2021/696.

For the purposes of this Decision, the definitions set out in Annex IV and the following definitions apply: (1) ‘SST Consortium’ means the Consortium of designated national entities established under Article 7(3) of Decision No 541/2014/EU; (2) ‘the proposal’ means the draft SST Partnership Agreement and all the documentation listed in Annex III to be sent by the applicant Member States as part of their proposal to the Commission; (3) ‘Applicant Member States’ means the Member States having submitted a joint proposal regarding participation in the SST Partnership; (4) ‘Yearly Operation Reviews (YOR)’ The operation activities, including operation of the service provision function, operation of the processing function and operation of the sensor function, shall be monitored through an annual ‘Operation review’ in order to review the global behaviour of EU-SST system, to manage its overall performance and availability; (5) ‘Participating Member States’ means the Member States participating in the SST Partnership.

1 Where the proposal contains classified information, Council Decision 2013/488/EU as well as Commission Decision (EU, Euratom) 2015/444 shall apply. The level of classification of that information shall not exceed RESTREINT UE/EU RESTRICTED.

2 Where the proposal contains classified information, it shall include an executive summary which shall not include any classified information.

1 The applicant Member Statesshall draft a joint proposaland submit it to the Commission. The proposal is to comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in Article 7 of this Decision.

2 The Commission shall evaluate the proposal. The Commission may communicate with the applicant Member States by sending questions and comments on the proposal to the Member State contact point referred to in Article 7(1). Applicant Member States shall reply within four weeks and, if appropriate, update the proposal. The answers shall be sent by the Member State designated to serve as contact point in the exchanges with the Commission according to Article 7(1).

3 Applicant Member States shall be informed of the outcome of the analysis performed by the Commission both by registered post mail and in electronic format.

4 The proposal referred to in paragraph 1 shall be submitted within a period of 18 months after the publication of Regulation (EU) 2021/696. Upon the request of the Member States or the Commission, that period can be extended by 3 months.

Where no joint proposal has been submitted in accordance with Article 57(1) of Regulation (EU) 2021/696 or the Commission considers that a joint proposal thus submitted does not comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, a second phase shall be opened. That phase shall comprise the following steps: (1) At least five applicant Member States shall draft one or several proposals and submit them to the Commission. Each Member State may be part of only one proposal. The proposal(s) shall comply with the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in Article 7 of this Decision. (2) The Commission shall evaluate the proposal(s). The Commission may communicate with the applicant Member States by sending questions and comments on the proposal to the Member States’ contact points mentioned in Article 7. Applicant Member States shall reply within four weeks and if appropriate update the proposal. The answers shall be sent by the Member State designated to serve as contact point in the exchanges with the Commission pursuant to Article 7(1). (3) In case of a single proposal, the Commission shall evaluate if the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in this Decision, are fulfilled. (4) In case of several proposals, the Commission shall select the offer which ensures the best performance taking into account the fulfilment of the selection’s criteria. The selection shall be based on the criteria listed in Article 57(1) of Regulation (EU) 2021/696, as set out in this Decision. The Commission shall take into consideration the following qualitative elements: (a) the best functional and technical architecture; (b) the principle of avoidance of unnecessary duplication; (c) the demonstration of the performance of the SST system proposed. (5) Proposal(s) referred to paragraph 1 shall be submitted within 2 months after the decision of the Commission, in accordance with Article 57(3) of Regulation (EU) 2021/696 to reject a joint proposal or 2 months after the end of the deadline established in Article 4(4) in case no joint proposal has been submitted in accordance with Article 57(1) of Regulation (EU) 2021/696.

1 The Constituting National Entities shall sign the SST Partnership Agreement within six weeks after the acceptance of the proposal by the Commission. If no such agreement is signed, the procedure of Article 57(3) of Regulation (EU) 2021/696 shall be initiated.

2 The SST Partnership Agreement shall be sent to the Commission by registered post mail or by any other mean attesting the effective date of delivery and the validity of the document, including by electronic signature.

3 The Commission shall publish on its website the list of the Participating Member States.

4 The SST Partnership shall establish direct contact with the European Union Agency for the Space Programme (EUSPA)regarding the activities of the SST Front Desk in order to conclude the necessary implementing arrangements laid down in Article 59 of Regulation (EU) 2021/696.

1 Applicant Member States shall designate among themselves a Member State which shall serve as a contact point for the purposes of the communication with the Commission as referred to in Articles 4(2) and 5(2).

2 The proposal shall contain: (a) the draft SST Partnership agreement and all the documentation listed in Annex III; (b) the name and the contact details of the applicant Member State which has been designated in accordance with paragraph 1.

3 The proposal and the information referred to in paragraph 2, point (b), shall comply with the conditions set out in Annex I.

The proposal shall be sent to the following address: SST – Unit B1 European Commission DG DEFIS BREYDEL Avenue d'Auderghem 45 B-1049 Brussels BELGIUM

Participating Member States shall ensure that the organisational framework of their participation complies with the conditions set out in Annex I.

1 Participating Member States shall develop the necessary mechanisms in order to establish and monitor the key performance indicators listed in Annex II.

2 The SST Partnership shall report to the Commission every year during the Yearly Operational Review on the results of the key performance indicators.

1 The setting up of the SST Partnership’s activities shall start immediately after the signature of the SST Partnership Agreement.

2 The SST Partnership shall establish contact with the SST Consortium referred to in Article 7(3) of Decision No 541/2014/EU in order to ensure the smooth transfer of the activities.

3 The Front Desk shall be considered operational once all the activities have been handed over to it and the implementing arrangements between the Constituting National Entities and the Front Desk have been signed.

4 The SST Partnership shall be ready to start providing SST services 3 months after the signature of the SST Partnership Agreement.

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