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Document 02023D1055-20250628
Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council
Consolidated text: Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council
Commission Implementing Decision (EU) 2023/1055 of 30 May 2023 setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council
ELI: http://data.europa.eu/eli/dec_impl/2023/1055/2025-06-28
02023D1055 — EN — 28.06.2025 — 001.001
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COMMISSION IMPLEMENTING DECISION (EU) 2023/1055 of 30 May 2023 (OJ L 141 31.5.2023, p. 57) |
Amended by:
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Official Journal |
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page |
date |
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COMMISSION IMPLEMENTING DECISION (EU) 2025/1216 of 26 June 2025 |
L 1216 |
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27.6.2025 |
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COMMISSION IMPLEMENTING DECISION (EU) 2023/1055
of 30 May 2023
setting out the rules on the sharing and prioritisation of satellite communication capacities, services, and user equipment to fulfil the function referred to in Article 66(2) of Regulation (EU) 2021/696 of the European Parliament and of the Council
Article 1
Scope
Article 2
Definitions
Article 3
Common Union Pool
The pool shall consist of four (4) parts:
fixed allocation part which includes the resources for the provision of fixed allocation services to the participants in accordance with Article 6;
dynamic allocation pre-paid part which includes the resources for the provision of services requested through the pre-paid dynamic allocation mechanism in accordance with Articles 7 and 8;
dynamic allocation on-demand part which includes the resources for the provision of services requested through the on demand dynamic allocation mechanism in accordance with Articles 7 and 8;
crisis margin part which includes resources for the provision of services in case of dynamic high priority requests when the resources of other parts of the pool are not sufficient, in accordance with Article 7.
Article 4
GOVSATCOM services compensation, tokens and accounts
The splitting of participant’s tokens in each part of the account shall be set by the participant before the starting date of the PPT referred to in Article 6 and the tokens shall not be transferred from one part to the other during the PPT.
The remaining tokens in the pre-paid part of the account shall be cleared at the end of the PPT according to paragraph 6.
The GOVSATCOM hub maintains participants’ accounts.
A participant may buy additional tokens through the GOVSATCOM hub at the conversion ratio of tokens defined for that PPT in accordance with the following conditions:
where the purchase of tokens is to be added to the fixed allocation of the participant’s account, the participant shall send its request to buy additional tokens to the GOVSATCOM hub with the plan referred to in Article 6(1);
where the purchase of tokens is to be added to the dynamic allocation pre-paid part of the participant’s account, the participant shall send its request to buy additional tokens to the GOVSATCOM hub with the information on the split of its remaining tokens referred to in Article 7(1);
where the purchase of tokens is to be added to the dynamic allocation on-demand part of the participant’s account, the participant may send its request to buy additional tokens to the GOVSATCOM hub at any time during a PPT.
The GOVSATCOM hub shall notify the Commission of the purchase of additional tokens by a participant.
Once the agreement between the donating and the receiving participants has been reached, the donating participant shall request the transfer of tokens to the GOVSATCOM hub. The GOVSATCOM hub shall perform the transfer in the receiving participants’ accounts. The GOVSATCOM hub shall notify the Commission of the transfer once the transfer has taken place.
Tokens shall be transferred from the same part of the donating participant’s account (the dynamic allocation pre-paid or dynamic allocation on-demand part) to the same part of the receiving participant’s account.
Article 5
Participants’ shares
The total number of tokens shall be divided in three parts:
the Member States and third countries total share, which is set to 75 % of the total number of tokens;
the Crisis margin, which is set to 10 % of the total number of tokens;
the EU institutions total share which is set to 15 % of the total number of tokens.
By way of derogation from the first subparagraph, during the first PPT, the crisis margin shall be set to 0 and the Commission shall equally distribute the tokens, which were divided into crisis margin pursuant to Article 5, between the Member States whose share of the Member States and third countries total share is less than 5 %.
The Member States and third countries total share shall be further divided between the participants. A Member State or a country participating to the programme in accordance with Articles 7 and 8 of Regulation (EU) 2021/696 shall receive a percentage (in tokens) of the Member States and third countries total share. The Commission shall use the following formula to calculate that percentage:
Share
The population for a Member State shall be the one set out in Annex III to Council Decision adopting the Council’s Rules of Procedure ( 2 ). The financial contribution and the source for information on population of third countries participating in the programme shall be set out in the agreement governing the third countries participation in and access to GOVSATCOM.
The number of tokens received by a participant shall be the participant share for that participant for the next PPT.
If a Member State or a country participating in GOVSATCOM has not nominated its CGA at least 32 weeks before the starting date of the PPT, its tokens shall be distributed among the Member States and countries participating in GOVSATCOM, which have nominated their CGA, on a pro rata basis.
If an EU institution has not nominated its competent GOVSATCOM authority at least 32 weeks before the starting date of the PPT its tokens shall be distributed among the EU institutions which have nominated their CGA pro rata their share in the EU institution sharing plan.
Article 6
Resources for fixed allocation of services
On this basis, the participants shall prepare a plan consisting of:
the service requests for the selected services; and
the splitting of participant’s remaining tokens into the pre-paid and the pay-on-demand parts of its account.
The plan shall be sent by the participant to the GOVSATCOM hub, the latest 20 weeks before the starting date of the PPT.
The Commission shall conclude the respective contracts or agreements with the resource providers for the resources needed for fixed allocation of services.
The Commission shall communicate the contracts and agreements with the resource providers to the GOVSATCOM Hub the latest 10 weeks before the starting date of the PPT.
The GOVSATCOM hub shall assess the availability of the resources needed for fixed allocation of services and in case some of the requested services cannot be provided due to lack of sufficient resources from the resource providers or any other reason, the GOVSATCOM hub shall drop the respective service request in accordance to Article 11(4).
The tokens related to the dropped service shall remain for use in the dynamic parts of the account of the affected participant.
The number of tokens of each participant shall be decreased by the total value of the services which have been made available to this participant through the fixed allocation mechanism and the number of tokens remaining in the participant’s account is communicated to each participant.
Article 7
Resources for dynamic allocation of services and crisis management part
Article 8
Activation of the dynamic allocation services
Article 8a
First Pool Programmatic Term
Article 9
Service requests
Every dynamic allocation service request shall identify the sub-category to which it belongs: i) pre-paid or ii) pay-on-demand.
The service request shall also include the identifier of the respective participant.
Article 10
Service request processing
The GOVSATCOM hub shall perform match making of the service request against the resources of the pool. The match making of dynamic allocation pre-paid service requests shall be performed with the resources of the dynamic allocation pre-paid part of the pool. The match making of dynamic allocation on-demand service requests shall be performed with the resources of the dynamic allocation on-demand part of the pool and the availability of resources shall be confirmed by the resource providers from the service activation date until the service deactivation date. The following cases shall be identified according to the results of match making:
no matching resources found in the pool, the service request shall be rejected and the issuer shall be informed;
matching and available resources are found in the pool, the available service options including their respective compensation values in tokens shall be forwarded as a service proposal from the GOVSATCOM Hub through the CGA to the user, for its ranking;
all matching resources in the pool are allocated to prior service request(s). If the priority of the service request is low or medium, the service request shall be dropped and the issuer is informed. If the priority of the service request is high then the conflict resolution mechanism is activated in accordance with Article 11. If the conflict resolution mechanism returns matching resources, the issuer shall be notified according to paragraph (b); if no matching resources are found, the service request shall be dropped and the issuer shall be informed.
In case of an invalid selection, the service request shall be rejected and the issuer shall be informed.
In case of rejection of the resource request by the resource provider, the GOVSATCOM hub shall issue a resource request to the resource provider of the next preferred service option. The issuance of resource requests shall continue until the confirmation from a resource provider that the requested resources are available for allocation, or the rejection of all resource requests by the resource providers. Where a resource provider has confirmed that a resource is available, the GOVSATCOM hub shall proceed to the allocation of the resources and the subtraction of the value of the service from the tokens of the respective participant account. Where all resource requests are rejected by the resource providers the service request is dropped. In both cases the GOVSATCOM hub shall notify the issuer of the service request status.
Article 11
Conflict resolution
Subject to the ranking of the service options and the availability of tokens, the appropriate low priority service request(s) shall be dropped and the related active service(s) shall be pre-empted.
The CGA(s) whose service(s) are to be pre-empted are informed of the pre-emption as soon as possible after the decision on the pre-emption is made. The value of the pre-empted service for the time during which the service will not be available due to pre-emption shall be returned to the respective participant account and the participant shall be notified.
Where service requests of the same priority are conflicting, the priority shall be given to the service request that is the continuation of a service already provided to the requesting participant at the end of the previous PPT where applicable.
Where service requests of the same priority are conflicting and none of them is a continuation of an already provided service to the requesting participant, the GOVSATCOM hub shall compare the values of the conflicting services as percentage of the respective participant’s share and give the priority to the service request corresponding to the higher percentage.
Article 11a
Notification and distribution planning
Ten months after the starting date of each PPT pursuant to Article 3(5), participants with tokens available for donation or with unfulfilled needs shall notify the Commission. This notification shall include the following information:
the forecasted number of tokens that a participant plans not to use during the PPT;
the number of tokens each participant wants to donate volontarily, if any;
the forecasted volume of additional tokens required to fulfill the needs for services.
Based on those notifications and taking into account the overall budget available for that PPT, the number of tokens available for donation and the unfulfilled needs of participants, the Commission shall prepare a distribution plan of tokens available for donation and circulate it to the donating participants within 6 weeks of receiving the notifications from the participants. The donating participants shall provide their feedback within two weeks of receiving the distribution plan. Within two weeks of receiving that feedback, the Commission shall notify the distribution plan to donating and receiving participants.
The Commission shall notify the GOVSATCOM hub of the distribution plan without delay.
The GOVSATCOM hub shall distribute the tokens according to the distribution plan.
Article 12
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
ANNEX
Table
Priority score as product of user relevance and criticality of service request
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User relevance |
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0 |
1 |
2 |
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Criticality of service request |
0 |
0 (LOW) |
0 (LOW) |
0 (LOW) |
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1 |
0 (LOW) |
1 (MEDIUM) |
2 (MEDIUM) |
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2 |
0 (LOW) |
2 (MEDIUM) |
4 (HIGH) |
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( 1 ) Commission Implementing Decision (EU) 2023/1054 of 30 May 2023 laying down rules for the application of Regulation (EU) 2021/696 of the European Parliament and of the Council as regards the service portfolio for the Governmental Satellite Communications services offered by the system established under the Union Space Programme (see page 49 of this Official Journal).
( 2 ) Council Decision of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35, ELI: http://data.europa.eu/eli/dec/2009/937/oj).
( 3 ) The Commission will make available a guidance document on the assessment of user relevance and the criticality of service requests.