Earlier we noted that the Lisbon Treaty added ’space’ to the Title on research and technological development. Now we turn to the new provision on European space policy.
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TEC
The current Treaty establishing the European Community (TEC) has no separate Article on space policy, which is included in the research and technological development policy. Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
***
European Convention
The European Convention proposed a new provision on space policy in Article III-155 of the draft Treaty establishing a Constitution for Europe (OJEU 18.7.2003 C 169/57):
Article III-155 Draft Constitution
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.
***
Constitutional Treaty
The intergovernmental conference took over the Convention’s proposal and added a third paragraph on the relations with the European Space Agency (ESA), OJEU 16.12.2004 C 310:
Article III-254 Constitution
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.
3. The Union shall establish any appropriate relations with the European Space Agency.
***
Original Lisbon Treaty (ToL)
Article 2, point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
SPACE
142) The following new Article 172a shall be inserted:
‘Article 172a
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.
3. The Union shall establish any appropriate relations with the European Space Agency.
4. This Article shall be without prejudice to the other provisions of this Title.’.
***
Differences
In comparison with the Constitutional Treaty, the Treaty of Lisbon made the following changes:
Paragraph 2 added mentions on the ordinary legislative procedure and the exclusion of harmonisation of the member states’ laws and regulations.
Paragraph 4 was an addition.
***
Renumbering the Treaty of Lisbon (ToL)
As we have noted earlier, the Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.
The new Article 172a or Article 172bis TFEU (ToL) was renumbered Article 189 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 189 TFEU
The new Article was renumbered. Article 189 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131–132):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 189 TFEU
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.
3. The Union shall establish any appropriate relations with the European Space Agency.
4. This Article shall be without prejudice to the other provisions of this Title.
***
Summary of legislation
The Commission’s Scadplus page with a summary European space policy (last update 17 July 2006) is available here:
http://europa.eu/scadplus/leg/en/lvb/i23020.htm
A European space policy is a more or less similar web page, with differences mainly in details, but it includes a link to the Resolution on the European space policy of 22 May 2007 (web page last updated 25 May 2007):
http://europa.eu/scadplus/leg/en/lvb/l33242.htm
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Commission space activities
News, activities and background on European space policy can be accessed through the Commission’s DG Enterprise and Industry web pages European Space Policy:
http://ec.europa.eu/enterprise/space/index_en.html
There are links to information about GMES, Galileo, Sapce Research and Development (FP7), the European Space Agency ESA, Key documents, News. Events, Publications etc.
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Council resolution
To know how far the member states are on board (the spacecraft), you can look at the latest Council Resolution.
The 5th Space Council or more ordinarily the Competitiveness Council Resolution ‘Taking forward the European Space Policy’ from 25 to 26 September 2008 (Council document 13569/08), is available here:
http://register.consilium.europa.eu/pdf/en/08/st13/st13569.en08.pdf
***
European Space Agency
European space policy would be unthinkable without the European Space Agency. ESA has a portal with information about many aspects of its work:
http://www.esa.int/esaCP/index.html
For the legally minded: The Convention for the establishment of a European Space Agency, signed 30 May 1975, entered into force on 30 October 1980. The ESA Convention is available here:
http://www.esa.int/esapub/sp/sp1300/sp1300EN1.pdf
Ralf Grahn
Showing posts with label space. Show all posts
Showing posts with label space. Show all posts
Sunday, 11 January 2009
Wednesday, 31 December 2008
EU Law: Research and technological development plus space
Space is added to the Title on research and technological development. The EU Treaty of Lisbon picks up some improvements from the Constitutional Treaty: the European research area and the free movement of researchers (fifth freedom).
***
Article 163 TEC
Article 163 TEC (ex Article 130f) sets out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
The second paragraph of Article 163 TEC presents a rough sketch of activities addressed at businesses, research centres and universities. Small and medium-sized enterprises (SMEs) are indicated specifically among the businesses (undertakings).
Research and technological development is mentioned alongside actions to open up the potential of the internal market (public procurement, common standards and the removal of legal and fiscal obstacles to cooperation).
The third paragraph presents the new concept ‘demonstration projects’, but otherwise it just refers the reader to the following Articles of the Title.
The current Article 163 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/120:
TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 163 TEC
1. The Community shall have the objective of strengthening the scientific and technological bases of Community industry and encouraging it to become more competitive at international level, while promoting all the research activities deemed necessary by virtue of other Chapters of this Treaty.
2. For this purpose the Community shall, throughout the Community, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Community activities under this Treaty in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this title.
***
Original Lisbon Treaty (ToL)
Article 2, point 135 of the Lisbon Treaty amended the Title and point 136 amended Article 163 TEC (OJEU 17.12.2007 C 306/85–86):
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
135) The words ‘AND SPACE’ shall be added to the heading of Title XVIII.
136) Article 163 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.’;
(b) in paragraph 2, the words ‘enabling undertakings to exploit the internal market potential
to the full,’ shall be replaced by ‘permitting researchers to cooperate freely across borders
and at enabling undertakings to exploit the internal market potential to the full,’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and renumbered Title XIX Research and technological development and space in the consolidated version.
Article 163 TEC initially became Article 163 TFEU (ToL) before the renumbering of the treaty made it into Article 179 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 179 TFEU
After specific and horizontal amendments the Article 179 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/128–129):
TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
Article 179 TFEU
(ex Article 163 TEC)
1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.
2. For this purpose the Union shall, throughout the Union, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Union activities under the Treaties in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this Title.
***
What changes?
We have seen that space was added to the Title, which has been renumbered XIX. This corresponds with the heading of Section 9 in the Constitutional Treaty.
The first paragraph has taken over the substantial part of Article III-248(1) of the Constitution. The European research area and its description as one in which researchers, scientific knowledge and technology circulate freely can be interpreted to enhance the role of science and technology.
The objective of a more competitive (Union or European research area?) is now more general and less tied in with industry alone.
Permitting researchers to cooperate freely across borders adds a new element from Article III-248(2) of the Constitutional Treaty. The European Council has called for this “fifth freedom” – the free movement of researchers – to become a reality.
In my view, the changes mark a positive qualitative step towards recognition of the importance of knowledge and a more ‘global Europe’. Let us leave a dysfunctional EU budget to another year.
***
I wish all the readers of the Grahnlaw blawg a happy, secure and prosperous new year 2009!
Ralf Grahn
***
Article 163 TEC
Article 163 TEC (ex Article 130f) sets out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
The second paragraph of Article 163 TEC presents a rough sketch of activities addressed at businesses, research centres and universities. Small and medium-sized enterprises (SMEs) are indicated specifically among the businesses (undertakings).
Research and technological development is mentioned alongside actions to open up the potential of the internal market (public procurement, common standards and the removal of legal and fiscal obstacles to cooperation).
The third paragraph presents the new concept ‘demonstration projects’, but otherwise it just refers the reader to the following Articles of the Title.
The current Article 163 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/120:
TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 163 TEC
1. The Community shall have the objective of strengthening the scientific and technological bases of Community industry and encouraging it to become more competitive at international level, while promoting all the research activities deemed necessary by virtue of other Chapters of this Treaty.
2. For this purpose the Community shall, throughout the Community, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Community activities under this Treaty in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this title.
***
Original Lisbon Treaty (ToL)
Article 2, point 135 of the Lisbon Treaty amended the Title and point 136 amended Article 163 TEC (OJEU 17.12.2007 C 306/85–86):
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
135) The words ‘AND SPACE’ shall be added to the heading of Title XVIII.
136) Article 163 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.’;
(b) in paragraph 2, the words ‘enabling undertakings to exploit the internal market potential
to the full,’ shall be replaced by ‘permitting researchers to cooperate freely across borders
and at enabling undertakings to exploit the internal market potential to the full,’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and renumbered Title XIX Research and technological development and space in the consolidated version.
Article 163 TEC initially became Article 163 TFEU (ToL) before the renumbering of the treaty made it into Article 179 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 179 TFEU
After specific and horizontal amendments the Article 179 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/128–129):
TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
Article 179 TFEU
(ex Article 163 TEC)
1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.
2. For this purpose the Union shall, throughout the Union, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Union activities under the Treaties in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this Title.
***
What changes?
We have seen that space was added to the Title, which has been renumbered XIX. This corresponds with the heading of Section 9 in the Constitutional Treaty.
The first paragraph has taken over the substantial part of Article III-248(1) of the Constitution. The European research area and its description as one in which researchers, scientific knowledge and technology circulate freely can be interpreted to enhance the role of science and technology.
The objective of a more competitive (Union or European research area?) is now more general and less tied in with industry alone.
Permitting researchers to cooperate freely across borders adds a new element from Article III-248(2) of the Constitutional Treaty. The European Council has called for this “fifth freedom” – the free movement of researchers – to become a reality.
In my view, the changes mark a positive qualitative step towards recognition of the importance of knowledge and a more ‘global Europe’. Let us leave a dysfunctional EU budget to another year.
***
I wish all the readers of the Grahnlaw blawg a happy, secure and prosperous new year 2009!
Ralf Grahn
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