Res Communis Blog RSS

Category Archives: Journal of Space Law

EU: 2012 discharge: European GNSS Supervisory Agency

Source – EU Parliament:

Texts adopted
PDF 106k DOC 106k
Thursday, 3 April 2014 – Brussels Final edition
2012 discharge: European GNSS Supervisory Agency
P7_TA(2014)0330 A7-0223/2014
Decision
Decision
Resolution

1.European Parliament decision of 3 April 2014 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2012 (C7-0319/2013 – 2013/2231(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European GNSS Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency(4) , and in particular Article 14 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control (A7-0223/2014),

1. Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Authority’s budget for the financial year 2012;

2. Sets out its observations in the resolution below;

3. Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European GNSS Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

(1) OJ C 365, 13.12.2013, p. 261.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 276, 20.10.2010,p. 11.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.

2.European Parliament decision of 3 April 2014 on the closure of the accounts of the European GNSS Agency for the financial year 2012 (C7-0319/2013 – 2013/2231(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European GNSS Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency(4) , and in particular Article 14 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control (A7-0223/2014),

1. Approves the closure of the accounts of the European GNSS Agency for the financial year 2012;

2. Instructs its President to forward this Decision to the Executive Director of the European GNSS Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

(1) OJ C 365, 13.12.2013, p. 261.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 276, 20.10.2010,p. 11.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.

3.European Parliament resolution of 3 April 2014 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2012 (C7-0319/2013 – 2013/2231(DEC))

The European Parliament ,

– having regard to the final annual accounts of the European GNSS Agency for the financial year 2012,

– having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2012, together with the Agency’s replies(1) ,

– having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

– having regard to Article 319 of the Treaty on the Functioning of the European Union,

– having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2) , and in particular Article 185 thereof,

– having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(3) , and in particular Article 208 thereof,

– having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency(4) , and in particular Article 14 thereof,

– having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5) ,

– having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6) , and in particular Article 108 thereof,

– having regard to its previous discharge decisions and resolutions,

– having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

– having regard to the report of the Committee on Budgetary Control (A7-0223/2014),

A. whereas according to its financial statements, the budget of the European GNSS Agency (‘the Agency’) for the financial year 2012 was EUR 20 848 718, representing a decrease of 46,12 % compared to 2011,

B. whereas the Court of Auditors has stated that it has obtained reasonable assurances that the Agency’s annual accounts for the financial year 2012 are reliable and that the underlying transactions are legal and regular,

Budget and financial management

1. Notes that budget monitoring efforts during the financial year 2012 resulted in a budget implementation rate of 100 % and that the payment appropriations execution rate was 99,99 %;

Commitments and carryovers

2. Acknowledges from the Court of Auditors’ report that the overall level of committed appropriations was close to 100 % for all titles;

3. Notes that the carry-over of committed appropriations was relatively high for title II (administrative expenditure) at EUR 1 700 000 (38 %); acknowledges that this was partly due to events beyond the Authority’s control, such as the relocation of its seat to Prague in September 2012 (EUR 400 000) and the setting-up of the Galileo Security Monitoring Centre (EUR 400 000) which necessitated the provision of certain goods and services in the last quarter of the year; notes, moreover, that several contracts relating to IT and legal services included in the 2013 work programme were signed in December 2012;

Transfers

4. Notes that an amount of EUR 700 000 was transferred from title I (staff expenditure) to title II in November 2012;

Procurement and recruitment procedures

5. Notes with concern that the Court of Auditors identified weaknesses in the recruitment procedures audited which affected transparency and equal treatment, namely the fact that no threshold scores were determined for admission to written tests and interviews or for inclusion in the list of suitable candidates and the fact that the vacancy notices made no provision for appeals by rejected candidates;

6. Notes that the Court, in its annual audit report for 2012, made no comments as regards the Agency’s procurement procedures;

Prevention and management of conflicts of interests and transparency

7. Regrets that the Agency did not answer questionnaire on the management and prevention of conflicts of interests; urges the Agency to report to the discharge authority on the actions it has implemented to become in line with the Court of Auditors’ Special Report No 15/2012 and Parliament’s recommendations that all agencies develop and implement comprehensive independence policies and procedures, inter alia, by establishing a breach of trust mechanism and clear penalties, or by changing those already in place;

8. Observes that the CVs and declarations of interests of the members of the Administrative Board, as well as the declarations of interests of the Executive Director and senior management are not publicly available; calls on the Agency to remedy the situation as a matter of urgency;

Internal audit

9. Acknowledges from the Agency that in 2012, the Commission’s Internal Audit Service (IAS) carried out a risk assessment and a follow-up engagement in accordance with the Strategic Audit Plan of the Agency; notes that there were no open critical or very important recommendations stemming from the previous IAS audit reports; notes, however, that in the course of the risk analysis, the IAS identified certain processes of high inherent risk which could not be considered as auditable within the audit plan as the controls were assessed as absent or insufficient; notes that the Agency’s management submitted an action plan aimed at addressing those weaknesses adequately;

Performance

10. Requests that the Agency communicate the results and impact its work has on European citizens in an accessible way, mainly through its website;

o
o o

11. Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 3 April 2014(7) on the performance, financial management and control of the agencies.

(1) OJ C 365, 13.12.2013, p. 261.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ L 276, 20.10.2010,p. 11.
(5) OJ L 357, 31.12.2002, p. 72.
(6) OJ L 328, 7.12.2013, p. 42.
(7) Texts adopted, P7_TA(2014)0299.

FacebookTwitterGoogle+TumblrLinkedInEvernoteDiggSlashdotEmailShare

Now Available Without Charge – Unmanned Aircraft Systems in U.S. National Airspace: Selected Documents – A Supplement to the Journal of Space Law

 

            The U.S. Congress has directed the United States Secretary of Transportation, in consultation with the aviation industry and Federal agencies that use unmanned aircraft systems (UAS), to develop a comprehensive plan to integrate UAS into the U.S. National Airspace System (NAS). The plan must address a wide variety of subjects including, but not limited to, definition of acceptable standards; requirements for operators and pilots; and a realistic time frame for UAS integration into the NAS. Integration is required “no later than September 30, 2015”.

Consequently, there is currently a robust debate about how this plan should be formulated and what it should ultimately contain. Although there are many important aspects to the debate, two of the central issues are safety and privacy. Safety issues include incorporating aspects of the Visual Flight Rules including “see and avoid” into the UAS plan. The U.S. Department of Transportation/Federal Aviation Administration has a long track record regarding promulgating and implementing safety regulations. It is reasonable to expect a successful continuation of that record. However, privacy is new. Privacy promises to raise novel issues of great interest to professionals and the public alike. Commentators on the political right and left and in the technology community are already engaged in vigorous discussion. Any issue addressed from so many diverse quarters portends to be a major one.

The National Center for Remote Sensing, Air and Space Law offers this publication as a service to inform the debate. It contains a variety of documents including a number of pending bills intended to address various aspects of UASs. It should be anticipated that going forward, many of the documents in this publication will either change or become obsolete. Nonetheless, they represent the state of the art of the current dialogue and will provide the reader with an entry position to this fast-paced, dynamic subject.

Journal of Space Law Volume 38 Number 1 Now Available

Volume 38 No. 1 of the JOURNAL OF SPACE LAW is now available.  This volume of the JOURNAL OF SPACE LAW has a memorial to the late Carl Q. Christol and features members of the new generation of space lawyers addressing long-standing questions in space law.  It also has articles explaining two of the most recent developments in space law: the establishment of the Mexican Space Agency  and the  the Permanent Court of Arbitration Optional Rules for Arbitration of Disputes Relating to Outer Space Activities. The later is was written by H.E. Judge Fausto Pocar of the Permanent Court of Arbitration.  To learn more about the volume’s contents, please read the Foreword.

Now Available Without Charge – Space Law: Selected Documents 2011, vols. 1 & 2 — A Supplement to Journal of Space Law

The National Center for Remote Sensing, Air, and Space Law is pleased to make available, without charge, Space Law: Selected Documents 2011, Vols. 1 and 2 . Volume 1 includes national space law documents and Volume 2 includes international space law documents. They are a compilation of space law documents from the year 2011 that were gathered primarily from postings placed on Res Communis from 1 January through 31 December 2011. The postings are supplemented with materials from other sources that were also published in 2011. The compilation is a special supplement to the Journal of Space Law, the world’s oldest law review dedicated to space law. The Journal of Space Law, beginning with the first volume, is also available on line through HeinOnLine.

Updated Journal of Space Law Cumulative Index Available: Volumes 1 – 37

The National Center for Remote Sensing, Air and Space Law at the University of Mississippi School of Law is pleased to announce that  Journal of Space Law has updated its cumulative index to include volumes 35 to 37. It now includes all articles, book reviews and other published material  from 1973 through 2011. The index can be searched by author,  subject or title.

Journal of Space Law Volume 37 Number 2 Now Available: Comparative Law as Applied to the Law of Commercial Human Space Flight

Volume 37 No. 2 of the JOURNAL OF SPACE LAW is now available. The subject of this volume is comparative law as applied to the law of commercial human space flight.  It features articles that compare the Death on the High Seas Act to commercial space flight accidents and a comparison of international air and space regimes as applied by five States with an interest in conducting commercial human space flight. As always, this volume contains an aviation and space law bibliography of recent publications.  Reviews of three recent space law books are also part of this volume. To learn more about the volume’s contents, please read the Foreword.

New NCRSASL Publication: A Chronological Survey of the Development of Art. IX of the Outer Space Treaty

by Joanne Irene Gabrynowicz with the blog faculty  

Article IX is the longest article in the Outer Space Treaty. It encompasses several principles of international law and space law. This publication, A Chronological Survey of the Development of Art. IX of the Outer Space Treaty,  is based on an Article IX analysis provided by Professor Sergio Marchisio of the University La Sapienza of Rome in the Cologne Commentary on Space Law.   A chart was created by distinguishing the four main legal elements in Article IX that were identified by him: international cooperation, due regard, harmful contamination, and international consultations.

The information provided in the survey lists in chronological order the summarized statements and declarations that each Nation – State or nongovernmental organization made to the UN Committee on the Peaceful Uses of Outer Space Legal Subcommittee   during the drafting years. The legal questions raised in these records of negotiation concerning Article IX began with “principle 6” of the Soviet Proposal for a Declaration of the Basic Principles Governing the Activities of States pertaining to the Exploration and Use of Outer Space  in early 1962.  This proposed principle evolved into “Principle 6″ of the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space unanimously adopted by the General Assembly in 1963.  Further negotiations in the Legal Subcommittee led to early elements of the principle being contained in “Article VIII” of the revised Soviet Draft Treaty Governing the Exploration and Use of Outer Space, The Moon and Other Celestial Bodies,  and “Article 10” of the U.S. Draft Treaty Governing the Exploration of the Moon and Other Celestial Bodies, submitted in 1966.  Eventually these draft articles were consolidated by the Legal Working Group L.9 and adopted,  thus establishing Article IX of the Outer Space Treaty.

Now Available Without Charge – Space Law: Selected Documents 2010, vols. 1 & 2 A Supplement to Journal of Space Law

by Joanne Irene Gabrynowicz with the blog faculty   

The National Center for Remote Sensing, Air, and Space Law is pleased to make available, without charge, Space Law; Selected Documents 2010, Vols. 1 and 2 Volume 1 includes national space law documents and Volume 2 includes international space law documents. They are a compilation of space law documents from the year 2010 that were gathered primarily from postings placed on Res Communis from 1 January through 31 December 2010. The postings are supplemented with materials from other sources that were also published in 2010 . The compilation is a special supplement to the Journal of Space Law, the world’s oldest law review dedicated to space law. The Journal of Space Law, beginning with the first volume, is available on line throughHeinOnLine.

Journal of Space Law Desk Reference for USC Title 51: National and Commercial Space Programs Available Without Cost

by Joanne Irene Gabrynowicz with the blog faculty

Source: National Center for Remote Sensing, Air and Space Law

Volume 37 No. 1 of the JOURNAL OF SPACE LAW is dedicated to the historic enactment of Title 51 of the United States Code: National and Commercial Space Programs. Title 51 is the positive law codification of all U.S. national space law promulgated since 1958. It is the intention of the JOURNAL OF SPACE LAW to serve the space law community by making this dedicated issue a complete reference work for Title 51. For this reason, the JOURNAL OF SPACE LAW is, for the first time, making an entire volume available at the time of its publication at no cost.  To learn more about the volume’s contents, please read the Foreword. The entire volume may be downloaded at the Journal website.

 

 

 

 

 

NCRSASL Launches Comprehensive New Website Including On-Line Access to Archived Papers of Space Law Pioneers Galloway, Gorove and Haley

by Joanne Irene Gabrynowicz with the blog faculty

The National Center for Remote Sensing, Air and Space Law is pleased to announce a new, comprehensive website. As with its previous site,  the Center’s blog, Res Communis, and  all of its publications, including the Journal of Space Law back to 1973, are also accessible through the new site.

The new website also includes many new features. The most important of these is the Center’s Space Law Archive. Now, researchers can access the papers of early space law pioneers Andrew G. Haley, Eilene M. Galloway, and Stephen Gorove. Other new features include an Air and Space Law Calendar and a Did You Know? feature that serves up random important facts about air, remote sensing and space law.

Finally, the website is completely social network enabled with Digg, Facebook, Google, Myspace, StumbleUpon, Twitter, and many more options. We are offering this website to the community as a public service. If you have any ideas or comments about how to improve it for your use, please let us know.